§139‑5. Creation of soil and water conservation districts.
(a) Any 25 occupiers ofland lying within the limits of the territory proposed to be organized into adistrict may file a petition with the Soil and Water Conservation Commissionasking that a soil and water conservation district be organized to function inthe territory described in the petition. Such petition shall set forth:
(1) The proposed name ofsaid district.
(2) That there is need,in the interest of the public health, safety, and welfare, for a soil and waterconservation district to function in the territory described in the petition.
(3) A description of theterritory proposed to be organized as a district, which description shall notbe required to be given by metes and bounds or by legal subdivisions, but shallbe deemed sufficient if generally accurate.
(4) A request that theSoil and Water Conservation Commission duly define the boundaries for suchdistricts; that a referendum be held within the territory so defined on thequestion of the creation of a soil and water conservation district in suchterritory; and that the Commission determine that such a district be created.
Where more than one petitionis filed covering parts of the same territory, the Soil and Water ConservationCommission may consolidate all or any such petitions.
Town or village lots orgovernment‑owned or controlled lands may be included within theboundaries of any district. As used in this subsection: The term"government‑owned or controlled land" includes land owned orcontrolled by any governmental agency or subdivision, federal, State or local;and the term "town and village lots" means parcels or tracts on whichno agricultural operations are conducted, or (being less than three acres inextent) whose production of agricultural products for home use or for saleduring the immediately preceding calendar year was of less than two hundred andfifty dollars ($250.00) in value. This section applies to existing soil andwater conservation districts as well as districts that may hereafter be formed.Insofar as it applies to existing districts it is intended to be declaratory ofthe present boundaries of such districts as defined by other charters.
(b) Within 30 daysafter such a petition has been filed with the Soil and Water ConservationCommission, it shall cause due notice to be given of a proposed hearing uponthe question of the desirability and necessity, in the interest of the publichealth, safety, and welfare, of the creation of such districts, upon the questionof the appropriate boundaries to be assigned to such district, upon thepropriety of the petition and other proceedings taken under this Chapter, andupon all questions relevant to such inquiries. All occupiers of land within thelimits of the territory described in the petition, and of lands within anyterritory considered for addition to such described territory, and all otherinterested parties, shall have the right to attend such hearings and to beheard. If it shall appear upon the hearing that it may be desirable to includewithin the proposed district territory outside the area within which due noticeof the hearing has been given, the hearing shall be adjourned and due notice offurther hearing shall be given throughout the entire area considered for theinclusion of the district, and such further hearing held. After such hearing,if the Commission shall determine, upon the facts presented at such hearing andupon such other relevant facts and information as may be available, that thereis need, in the interest of the public health, safety and welfare, for a soiland water conservation district to function in the territory considered at thehearing, it shall make and record such determination, and shall define, bymetes and bounds or by legal subdivisions, the boundaries of such district. Inmaking such determination and in defining such boundaries, the Commission shallgive due weight and consideration to the topography or the area considered andof the state and composition of soils therein, the distribution of erosion, theprevailing land‑use practices, the desirability and necessity ofincluding within the boundaries the particular lands under consideration andthe benefits such lands may receive from being included within such boundaries,the relation of the proposed area to existing watersheds and agriculturalregions, and to other soil and water conservation districts already organizedor proposed for organization under the provisions of this Chapter, and suchother physical, geographical and economic factors as are relevant, having dueregard to the legislative determination set forth in G.S. 139‑2. Theterritory to be included within such boundaries need not be contiguous. If theCommission shall determine after such hearing after due consideration of thesaid relevant facts, that there is no need for a soil and water conservationdistrict to function in the territory considered at the hearing, it shall makeand record such determination and shall deny the petition. After six monthsshall have expired from the date of the denial of any such petition, subsequentpetitions covering the same or substantially the same territory may be filed asaforesaid and new hearings held and determinations made thereon.
(c) After theCommission has made and recorded a determination that there is need, in theinterest of the public health, safety and welfare for the organization of adistrict in a particular territory and has defined the boundaries thereof, itshall consider the question whether the operation of a district within suchboundaries with the powers conferred upon soil and water conservation districtsin this Chapter is administratively practicable and feasible. To assist theCommission in the determination of such administrative practicability and feasibility,it shall be the duty of the Commission, within a reasonable time after entry ofthe finding that there is need for the organization of the proposed districtand the determination of the boundaries thereof, to hold a referendum withinthe proposed district upon the proposition of the creation of the district, andto cause due notice of such referendum to be given. The question shall besubmitted by ballots upon which the words "For creation of a soil andwater conservation district of the lands below described and lying in thecounty(ies) of______, _______ and ______" and "Against creation of asoil and water conservation district of the lands below described and lying inthe county(ies) of _______ and ______" shall appear with a square beforeeach proposition and a direction to insert an X mark in the square before oneor the other of said propositions as the voter may favor or oppose creation ofsuch district. The ballot shall set forth the boundaries of such proposeddistrict as determined by the Commission. All occupiers of land lying withinthe boundaries of the territory, as determined by the Soil and WaterConservation Commission, shall be eligible to vote in such referendum. Onlysuch land occupiers shall be eligible to vote.
(d) The Department ofEnvironment and Natural Resources shall pay all expenses for the issuance ofsuch notices and the conduct of such hearings and referenda, and shallsupervise the conduct of such hearings and referenda. It shall issueappropriate regulations governing the conduct of such hearings and referenda,and providing for the registration prior to the date of the referendum of alleligible voters, or prescribing some other appropriate procedure for thedetermination of those eligible as voters in such referendum. No informality inthe conduct of such referendum or in any matters relating thereto shallinvalidate said referendum or the result thereof if notice thereof shall havebeen given substantially as herein provided and said referendum shall have beenfairly conducted.
(e) The Department ofEnvironment and Natural Resources shall publish the results of such referendumand shall thereafter consider and determine whether the operation of thedistrict within the defined boundaries is administratively practicable and feasible.If the Commission shall determine that the operation of such district is notadministratively practicable and feasible, it shall record such determinationand deny the petition. If the Commission shall determine that the operation ofsuch district is administratively practicable and feasible, it shall recordsuch in the manner hereinafter provided. In making such determination theCommission shall give due regard and weight to the attitudes of the occupiersof lands lying within the defined boundaries, the number of land occupierseligible to vote in such referendum who shall have voted, the proportion of thevotes cast in such referendum in favor of the creation of the district to thetotal number of votes cast, the approximate wealth and income of the landoccupiers of the proposed district, the probable expense of carrying on erosioncontrol operations within such district, and such other economic and socialfactors as may be relevant to such determination, having due regard to thelegislative determination set forth in G.S. 139‑2: Provided, however,that the Commission shall not have authority to determine that the operationsof the proposed district within the defined boundaries is administrativelypracticable and feasible unless at least a majority of the votes cast in thereferendum upon the proposition of creation of the district shall have beencast in favor of the creation of such district.
(f) If the Commissionshall determine that the operation of the proposed district within the definedboundaries is administratively practicable and feasible, it shall appoint twotemporary supervisors to act as the governing body of the district, who shallserve until supervisors are elected or appointed and qualify as provided inG.S. 139‑6 and 139‑7. Such district shall be a governmentalsubdivision of this State and a public body corporate and politic, upon thetaking of the following proceedings:
The two appointed temporarysupervisors shall present to the Secretary of State an application signed bythem which shall set forth (and such application need contain no detail otherthan the mere recitals):
(1) That a petition forthe creation of the district was filed with the Soil and Water ConservationCommission pursuant to the provisions of this Chapter and that the proceedingsspecified in this Chapter were taken pursuant to such petition; that theapplication is being filed in order to complete the organization of thedistrict as a governmental subdivision and public body, corporate and politicunder this Chapter; and that the Commission has appointed them as supervisors;
(2) The name andofficial residence of each of the temporary supervisors, together with acertified copy of the appointment evidencing their right to office;
(3) The name which isproposed for the district; and
(4) The location of theprincipal office of the supervisors of the district.
The application shall besubscribed and sworn to by each of the said temporary supervisors before anofficer authorized by the laws of this State to take and certify oaths, whoshall certify upon the application that he personally knows the temporarysupervisors and knows them to be the officers as affirmed in the application,and that each has subscribed thereto in the officer's presence. The applicationshall be accompanied by a statement by the Soil and Water ConservationCommission, which shall certify (and such statement need contain no detailother than the mere recitals) that a petition was filed, notice issued, andhearing held as aforesaid, that the Commission did duly determine that there isneed, in the interest of the public health, safety and welfare, for a soil andwater conservation district to function in the proposed territory and diddefine the boundaries thereof; that notice was given and a referendum held onthe question of the creation of such district, and that the result of suchreferendum showed a majority of the votes cast in such referendum to be infavor of the creation of the district; that thereafter the Commission did dulydetermine that the operation of the proposed district is administrativelypracticable and feasible. The said statement shall set forth the boundaries ofthe district as they have been defined by the Commission.
The Secretary of State shallexamine the application and statement and, if he finds that the name proposedfor the district is not identical with that of any other soil and waterconservation district of this State or so nearly similar as to lead toconfusion or uncertainty, he shall receive and file them and shall record themin an appropriate book of record in his office. If the Secretary of State shallfind that the name proposed for the district is identical with that of anyother soil and water conservation district of this State, or so nearly similar asto lead to confusion and uncertainty, he shall certify such fact to the Soiland Water Conservation Commission, which shall thereupon submit to theSecretary of State a new name for the said district, which shall not be subjectto such defects. Upon receipt of such new name, free of such defects, theSecretary of State shall record the application and statement, with the name somodified, in an appropriate book of record in his office. When the applicationand statement have been made, filed and recorded, as herein provided, thedistrict shall constitute a governmental subdivision of this State and a publicbody corporate and politic. The Secretary of State shall make and issue to thesaid supervisors a certificate, under the seal of the State, of the due organizationof the said district, and shall record such certificate with the applicationand statement. The boundaries of such district shall include the territory asdetermined by the Soil and Water Conservation Commission as aforesaid, but inno event shall they include any area included within the boundaries of anothersoil and water conservation district organized under the provisions of thisChapter.
(g) After six monthsshall have expired from the date of entry of a determination by the Soil andWater Conservation Commission that operation of a proposed district is notadministratively practicable and feasible, and denial of a petition pursuant tosuch determination, subsequent petitions may be filed as aforesaid, and actiontaken thereon in accordance with the provisions of this Chapter.
(h) Petitions forincluding additional territory within an existing district may be filed withthe Soil and Water Conservation Commission, and the proceedings herein providedfor in the case of petitions to organize a district shall be observed in thecase of petitions for such inclusions. The Commission shall prescribe the formfor such petitions, which shall be as nearly as may be in the form prescribedin this Chapter for petitions to organize a district. Where the total number ofland occupiers in the area proposed for inclusion shall be less than 25, thepetition may be filed when signed by two thirds of the occupiers of such area,and in such case no referendum need be held. In referenda petitions for suchinclusion, all occupiers of land lying within the proposed additional areashall be eligible to vote.
(i) In any suit,action or proceeding involving the validity or enforcement of, or relating toany contract, proceeding or action of the district, the district shall bedeemed to have been established in accordance with the provisions of thisChapter upon proof of the issuance of the aforesaid certificate by theSecretary of State. A copy of such certificate duly certified by the Secretaryof State shall be admissible in evidence in any such suit, action, orproceeding and shall be proof of the filing and contents thereof. (1937,c. 393, s. 5; 1947, c. 131, s. 4; 1959, c. 781, s. 6; 1965, c. 582, s. 3; 1973,c. 1262, s. 38; 1977, c. 771, s. 4; 1989, c. 727, s. 218(91); 1997‑443,s. 11A.119(a).)
§139‑5. Creation of soil and water conservation districts.
(a) Any 25 occupiers ofland lying within the limits of the territory proposed to be organized into adistrict may file a petition with the Soil and Water Conservation Commissionasking that a soil and water conservation district be organized to function inthe territory described in the petition. Such petition shall set forth:
(1) The proposed name ofsaid district.
(2) That there is need,in the interest of the public health, safety, and welfare, for a soil and waterconservation district to function in the territory described in the petition.
(3) A description of theterritory proposed to be organized as a district, which description shall notbe required to be given by metes and bounds or by legal subdivisions, but shallbe deemed sufficient if generally accurate.
(4) A request that theSoil and Water Conservation Commission duly define the boundaries for suchdistricts; that a referendum be held within the territory so defined on thequestion of the creation of a soil and water conservation district in suchterritory; and that the Commission determine that such a district be created.
Where more than one petitionis filed covering parts of the same territory, the Soil and Water ConservationCommission may consolidate all or any such petitions.
Town or village lots orgovernment‑owned or controlled lands may be included within theboundaries of any district. As used in this subsection: The term"government‑owned or controlled land" includes land owned orcontrolled by any governmental agency or subdivision, federal, State or local;and the term "town and village lots" means parcels or tracts on whichno agricultural operations are conducted, or (being less than three acres inextent) whose production of agricultural products for home use or for saleduring the immediately preceding calendar year was of less than two hundred andfifty dollars ($250.00) in value. This section applies to existing soil andwater conservation districts as well as districts that may hereafter be formed.Insofar as it applies to existing districts it is intended to be declaratory ofthe present boundaries of such districts as defined by other charters.
(b) Within 30 daysafter such a petition has been filed with the Soil and Water ConservationCommission, it shall cause due notice to be given of a proposed hearing uponthe question of the desirability and necessity, in the interest of the publichealth, safety, and welfare, of the creation of such districts, upon the questionof the appropriate boundaries to be assigned to such district, upon thepropriety of the petition and other proceedings taken under this Chapter, andupon all questions relevant to such inquiries. All occupiers of land within thelimits of the territory described in the petition, and of lands within anyterritory considered for addition to such described territory, and all otherinterested parties, shall have the right to attend such hearings and to beheard. If it shall appear upon the hearing that it may be desirable to includewithin the proposed district territory outside the area within which due noticeof the hearing has been given, the hearing shall be adjourned and due notice offurther hearing shall be given throughout the entire area considered for theinclusion of the district, and such further hearing held. After such hearing,if the Commission shall determine, upon the facts presented at such hearing andupon such other relevant facts and information as may be available, that thereis need, in the interest of the public health, safety and welfare, for a soiland water conservation district to function in the territory considered at thehearing, it shall make and record such determination, and shall define, bymetes and bounds or by legal subdivisions, the boundaries of such district. Inmaking such determination and in defining such boundaries, the Commission shallgive due weight and consideration to the topography or the area considered andof the state and composition of soils therein, the distribution of erosion, theprevailing land‑use practices, the desirability and necessity ofincluding within the boundaries the particular lands under consideration andthe benefits such lands may receive from being included within such boundaries,the relation of the proposed area to existing watersheds and agriculturalregions, and to other soil and water conservation districts already organizedor proposed for organization under the provisions of this Chapter, and suchother physical, geographical and economic factors as are relevant, having dueregard to the legislative determination set forth in G.S. 139‑2. Theterritory to be included within such boundaries need not be contiguous. If theCommission shall determine after such hearing after due consideration of thesaid relevant facts, that there is no need for a soil and water conservationdistrict to function in the territory considered at the hearing, it shall makeand record such determination and shall deny the petition. After six monthsshall have expired from the date of the denial of any such petition, subsequentpetitions covering the same or substantially the same territory may be filed asaforesaid and new hearings held and determinations made thereon.
(c) After theCommission has made and recorded a determination that there is need, in theinterest of the public health, safety and welfare for the organization of adistrict in a particular territory and has defined the boundaries thereof, itshall consider the question whether the operation of a district within suchboundaries with the powers conferred upon soil and water conservation districtsin this Chapter is administratively practicable and feasible. To assist theCommission in the determination of such administrative practicability and feasibility,it shall be the duty of the Commission, within a reasonable time after entry ofthe finding that there is need for the organization of the proposed districtand the determination of the boundaries thereof, to hold a referendum withinthe proposed district upon the proposition of the creation of the district, andto cause due notice of such referendum to be given. The question shall besubmitted by ballots upon which the words "For creation of a soil andwater conservation district of the lands below described and lying in thecounty(ies) of______, _______ and ______" and "Against creation of asoil and water conservation district of the lands below described and lying inthe county(ies) of _______ and ______" shall appear with a square beforeeach proposition and a direction to insert an X mark in the square before oneor the other of said propositions as the voter may favor or oppose creation ofsuch district. The ballot shall set forth the boundaries of such proposeddistrict as determined by the Commission. All occupiers of land lying withinthe boundaries of the territory, as determined by the Soil and WaterConservation Commission, shall be eligible to vote in such referendum. Onlysuch land occupiers shall be eligible to vote.
(d) The Department ofEnvironment and Natural Resources shall pay all expenses for the issuance ofsuch notices and the conduct of such hearings and referenda, and shallsupervise the conduct of such hearings and referenda. It shall issueappropriate regulations governing the conduct of such hearings and referenda,and providing for the registration prior to the date of the referendum of alleligible voters, or prescribing some other appropriate procedure for thedetermination of those eligible as voters in such referendum. No informality inthe conduct of such referendum or in any matters relating thereto shallinvalidate said referendum or the result thereof if notice thereof shall havebeen given substantially as herein provided and said referendum shall have beenfairly conducted.
(e) The Department ofEnvironment and Natural Resources shall publish the results of such referendumand shall thereafter consider and determine whether the operation of thedistrict within the defined boundaries is administratively practicable and feasible.If the Commission shall determine that the operation of such district is notadministratively practicable and feasible, it shall record such determinationand deny the petition. If the Commission shall determine that the operation ofsuch district is administratively practicable and feasible, it shall recordsuch in the manner hereinafter provided. In making such determination theCommission shall give due regard and weight to the attitudes of the occupiersof lands lying within the defined boundaries, the number of land occupierseligible to vote in such referendum who shall have voted, the proportion of thevotes cast in such referendum in favor of the creation of the district to thetotal number of votes cast, the approximate wealth and income of the landoccupiers of the proposed district, the probable expense of carrying on erosioncontrol operations within such district, and such other economic and socialfactors as may be relevant to such determination, having due regard to thelegislative determination set forth in G.S. 139‑2: Provided, however,that the Commission shall not have authority to determine that the operationsof the proposed district within the defined boundaries is administrativelypracticable and feasible unless at least a majority of the votes cast in thereferendum upon the proposition of creation of the district shall have beencast in favor of the creation of such district.
(f) If the Commissionshall determine that the operation of the proposed district within the definedboundaries is administratively practicable and feasible, it shall appoint twotemporary supervisors to act as the governing body of the district, who shallserve until supervisors are elected or appointed and qualify as provided inG.S. 139‑6 and 139‑7. Such district shall be a governmentalsubdivision of this State and a public body corporate and politic, upon thetaking of the following proceedings:
The two appointed temporarysupervisors shall present to the Secretary of State an application signed bythem which shall set forth (and such application need contain no detail otherthan the mere recitals):
(1) That a petition forthe creation of the district was filed with the Soil and Water ConservationCommission pursuant to the provisions of this Chapter and that the proceedingsspecified in this Chapter were taken pursuant to such petition; that theapplication is being filed in order to complete the organization of thedistrict as a governmental subdivision and public body, corporate and politicunder this Chapter; and that the Commission has appointed them as supervisors;
(2) The name andofficial residence of each of the temporary supervisors, together with acertified copy of the appointment evidencing their right to office;
(3) The name which isproposed for the district; and
(4) The location of theprincipal office of the supervisors of the district.
The application shall besubscribed and sworn to by each of the said temporary supervisors before anofficer authorized by the laws of this State to take and certify oaths, whoshall certify upon the application that he personally knows the temporarysupervisors and knows them to be the officers as affirmed in the application,and that each has subscribed thereto in the officer's presence. The applicationshall be accompanied by a statement by the Soil and Water ConservationCommission, which shall certify (and such statement need contain no detailother than the mere recitals) that a petition was filed, notice issued, andhearing held as aforesaid, that the Commission did duly determine that there isneed, in the interest of the public health, safety and welfare, for a soil andwater conservation district to function in the proposed territory and diddefine the boundaries thereof; that notice was given and a referendum held onthe question of the creation of such district, and that the result of suchreferendum showed a majority of the votes cast in such referendum to be infavor of the creation of the district; that thereafter the Commission did dulydetermine that the operation of the proposed district is administrativelypracticable and feasible. The said statement shall set forth the boundaries ofthe district as they have been defined by the Commission.
The Secretary of State shallexamine the application and statement and, if he finds that the name proposedfor the district is not identical with that of any other soil and waterconservation district of this State or so nearly similar as to lead toconfusion or uncertainty, he shall receive and file them and shall record themin an appropriate book of record in his office. If the Secretary of State shallfind that the name proposed for the district is identical with that of anyother soil and water conservation district of this State, or so nearly similar asto lead to confusion and uncertainty, he shall certify such fact to the Soiland Water Conservation Commission, which shall thereupon submit to theSecretary of State a new name for the said district, which shall not be subjectto such defects. Upon receipt of such new name, free of such defects, theSecretary of State shall record the application and statement, with the name somodified, in an appropriate book of record in his office. When the applicationand statement have been made, filed and recorded, as herein provided, thedistrict shall constitute a governmental subdivision of this State and a publicbody corporate and politic. The Secretary of State shall make and issue to thesaid supervisors a certificate, under the seal of the State, of the due organizationof the said district, and shall record such certificate with the applicationand statement. The boundaries of such district shall include the territory asdetermined by the Soil and Water Conservation Commission as aforesaid, but inno event shall they include any area included within the boundaries of anothersoil and water conservation district organized under the provisions of thisChapter.
(g) After six monthsshall have expired from the date of entry of a determination by the Soil andWater Conservation Commission that operation of a proposed district is notadministratively practicable and feasible, and denial of a petition pursuant tosuch determination, subsequent petitions may be filed as aforesaid, and actiontaken thereon in accordance with the provisions of this Chapter.
(h) Petitions forincluding additional territory within an existing district may be filed withthe Soil and Water Conservation Commission, and the proceedings herein providedfor in the case of petitions to organize a district shall be observed in thecase of petitions for such inclusions. The Commission shall prescribe the formfor such petitions, which shall be as nearly as may be in the form prescribedin this Chapter for petitions to organize a district. Where the total number ofland occupiers in the area proposed for inclusion shall be less than 25, thepetition may be filed when signed by two thirds of the occupiers of such area,and in such case no referendum need be held. In referenda petitions for suchinclusion, all occupiers of land lying within the proposed additional areashall be eligible to vote.
(i) In any suit,action or proceeding involving the validity or enforcement of, or relating toany contract, proceeding or action of the district, the district shall bedeemed to have been established in accordance with the provisions of thisChapter upon proof of the issuance of the aforesaid certificate by theSecretary of State. A copy of such certificate duly certified by the Secretaryof State shall be admissible in evidence in any such suit, action, orproceeding and shall be proof of the filing and contents thereof. (1937,c. 393, s. 5; 1947, c. 131, s. 4; 1959, c. 781, s. 6; 1965, c. 582, s. 3; 1973,c. 1262, s. 38; 1977, c. 771, s. 4; 1989, c. 727, s. 218(91); 1997‑443,s. 11A.119(a).)
§139‑5. Creation of soil and water conservation districts.
(a) Any 25 occupiers ofland lying within the limits of the territory proposed to be organized into adistrict may file a petition with the Soil and Water Conservation Commissionasking that a soil and water conservation district be organized to function inthe territory described in the petition. Such petition shall set forth:
(1) The proposed name ofsaid district.
(2) That there is need,in the interest of the public health, safety, and welfare, for a soil and waterconservation district to function in the territory described in the petition.
(3) A description of theterritory proposed to be organized as a district, which description shall notbe required to be given by metes and bounds or by legal subdivisions, but shallbe deemed sufficient if generally accurate.
(4) A request that theSoil and Water Conservation Commission duly define the boundaries for suchdistricts; that a referendum be held within the territory so defined on thequestion of the creation of a soil and water conservation district in suchterritory; and that the Commission determine that such a district be created.
Where more than one petitionis filed covering parts of the same territory, the Soil and Water ConservationCommission may consolidate all or any such petitions.
Town or village lots orgovernment‑owned or controlled lands may be included within theboundaries of any district. As used in this subsection: The term"government‑owned or controlled land" includes land owned orcontrolled by any governmental agency or subdivision, federal, State or local;and the term "town and village lots" means parcels or tracts on whichno agricultural operations are conducted, or (being less than three acres inextent) whose production of agricultural products for home use or for saleduring the immediately preceding calendar year was of less than two hundred andfifty dollars ($250.00) in value. This section applies to existing soil andwater conservation districts as well as districts that may hereafter be formed.Insofar as it applies to existing districts it is intended to be declaratory ofthe present boundaries of such districts as defined by other charters.
(b) Within 30 daysafter such a petition has been filed with the Soil and Water ConservationCommission, it shall cause due notice to be given of a proposed hearing uponthe question of the desirability and necessity, in the interest of the publichealth, safety, and welfare, of the creation of such districts, upon the questionof the appropriate boundaries to be assigned to such district, upon thepropriety of the petition and other proceedings taken under this Chapter, andupon all questions relevant to such inquiries. All occupiers of land within thelimits of the territory described in the petition, and of lands within anyterritory considered for addition to such described territory, and all otherinterested parties, shall have the right to attend such hearings and to beheard. If it shall appear upon the hearing that it may be desirable to includewithin the proposed district territory outside the area within which due noticeof the hearing has been given, the hearing shall be adjourned and due notice offurther hearing shall be given throughout the entire area considered for theinclusion of the district, and such further hearing held. After such hearing,if the Commission shall determine, upon the facts presented at such hearing andupon such other relevant facts and information as may be available, that thereis need, in the interest of the public health, safety and welfare, for a soiland water conservation district to function in the territory considered at thehearing, it shall make and record such determination, and shall define, bymetes and bounds or by legal subdivisions, the boundaries of such district. Inmaking such determination and in defining such boundaries, the Commission shallgive due weight and consideration to the topography or the area considered andof the state and composition of soils therein, the distribution of erosion, theprevailing land‑use practices, the desirability and necessity ofincluding within the boundaries the particular lands under consideration andthe benefits such lands may receive from being included within such boundaries,the relation of the proposed area to existing watersheds and agriculturalregions, and to other soil and water conservation districts already organizedor proposed for organization under the provisions of this Chapter, and suchother physical, geographical and economic factors as are relevant, having dueregard to the legislative determination set forth in G.S. 139‑2. Theterritory to be included within such boundaries need not be contiguous. If theCommission shall determine after such hearing after due consideration of thesaid relevant facts, that there is no need for a soil and water conservationdistrict to function in the territory considered at the hearing, it shall makeand record such determination and shall deny the petition. After six monthsshall have expired from the date of the denial of any such petition, subsequentpetitions covering the same or substantially the same territory may be filed asaforesaid and new hearings held and determinations made thereon.
(c) After theCommission has made and recorded a determination that there is need, in theinterest of the public health, safety and welfare for the organization of adistrict in a particular territory and has defined the boundaries thereof, itshall consider the question whether the operation of a district within suchboundaries with the powers conferred upon soil and water conservation districtsin this Chapter is administratively practicable and feasible. To assist theCommission in the determination of such administrative practicability and feasibility,it shall be the duty of the Commission, within a reasonable time after entry ofthe finding that there is need for the organization of the proposed districtand the determination of the boundaries thereof, to hold a referendum withinthe proposed district upon the proposition of the creation of the district, andto cause due notice of such referendum to be given. The question shall besubmitted by ballots upon which the words "For creation of a soil andwater conservation district of the lands below described and lying in thecounty(ies) of______, _______ and ______" and "Against creation of asoil and water conservation district of the lands below described and lying inthe county(ies) of _______ and ______" shall appear with a square beforeeach proposition and a direction to insert an X mark in the square before oneor the other of said propositions as the voter may favor or oppose creation ofsuch district. The ballot shall set forth the boundaries of such proposeddistrict as determined by the Commission. All occupiers of land lying withinthe boundaries of the territory, as determined by the Soil and WaterConservation Commission, shall be eligible to vote in such referendum. Onlysuch land occupiers shall be eligible to vote.
(d) The Department ofEnvironment and Natural Resources shall pay all expenses for the issuance ofsuch notices and the conduct of such hearings and referenda, and shallsupervise the conduct of such hearings and referenda. It shall issueappropriate regulations governing the conduct of such hearings and referenda,and providing for the registration prior to the date of the referendum of alleligible voters, or prescribing some other appropriate procedure for thedetermination of those eligible as voters in such referendum. No informality inthe conduct of such referendum or in any matters relating thereto shallinvalidate said referendum or the result thereof if notice thereof shall havebeen given substantially as herein provided and said referendum shall have beenfairly conducted.
(e) The Department ofEnvironment and Natural Resources shall publish the results of such referendumand shall thereafter consider and determine whether the operation of thedistrict within the defined boundaries is administratively practicable and feasible.If the Commission shall determine that the operation of such district is notadministratively practicable and feasible, it shall record such determinationand deny the petition. If the Commission shall determine that the operation ofsuch district is administratively practicable and feasible, it shall recordsuch in the manner hereinafter provided. In making such determination theCommission shall give due regard and weight to the attitudes of the occupiersof lands lying within the defined boundaries, the number of land occupierseligible to vote in such referendum who shall have voted, the proportion of thevotes cast in such referendum in favor of the creation of the district to thetotal number of votes cast, the approximate wealth and income of the landoccupiers of the proposed district, the probable expense of carrying on erosioncontrol operations within such district, and such other economic and socialfactors as may be relevant to such determination, having due regard to thelegislative determination set forth in G.S. 139‑2: Provided, however,that the Commission shall not have authority to determine that the operationsof the proposed district within the defined boundaries is administrativelypracticable and feasible unless at least a majority of the votes cast in thereferendum upon the proposition of creation of the district shall have beencast in favor of the creation of such district.
(f) If the Commissionshall determine that the operation of the proposed district within the definedboundaries is administratively practicable and feasible, it shall appoint twotemporary supervisors to act as the governing body of the district, who shallserve until supervisors are elected or appointed and qualify as provided inG.S. 139‑6 and 139‑7. Such district shall be a governmentalsubdivision of this State and a public body corporate and politic, upon thetaking of the following proceedings:
The two appointed temporarysupervisors shall present to the Secretary of State an application signed bythem which shall set forth (and such application need contain no detail otherthan the mere recitals):
(1) That a petition forthe creation of the district was filed with the Soil and Water ConservationCommission pursuant to the provisions of this Chapter and that the proceedingsspecified in this Chapter were taken pursuant to such petition; that theapplication is being filed in order to complete the organization of thedistrict as a governmental subdivision and public body, corporate and politicunder this Chapter; and that the Commission has appointed them as supervisors;
(2) The name andofficial residence of each of the temporary supervisors, together with acertified copy of the appointment evidencing their right to office;
(3) The name which isproposed for the district; and
(4) The location of theprincipal office of the supervisors of the district.
The application shall besubscribed and sworn to by each of the said temporary supervisors before anofficer authorized by the laws of this State to take and certify oaths, whoshall certify upon the application that he personally knows the temporarysupervisors and knows them to be the officers as affirmed in the application,and that each has subscribed thereto in the officer's presence. The applicationshall be accompanied by a statement by the Soil and Water ConservationCommission, which shall certify (and such statement need contain no detailother than the mere recitals) that a petition was filed, notice issued, andhearing held as aforesaid, that the Commission did duly determine that there isneed, in the interest of the public health, safety and welfare, for a soil andwater conservation district to function in the proposed territory and diddefine the boundaries thereof; that notice was given and a referendum held onthe question of the creation of such district, and that the result of suchreferendum showed a majority of the votes cast in such referendum to be infavor of the creation of the district; that thereafter the Commission did dulydetermine that the operation of the proposed district is administrativelypracticable and feasible. The said statement shall set forth the boundaries ofthe district as they have been defined by the Commission.
The Secretary of State shallexamine the application and statement and, if he finds that the name proposedfor the district is not identical with that of any other soil and waterconservation district of this State or so nearly similar as to lead toconfusion or uncertainty, he shall receive and file them and shall record themin an appropriate book of record in his office. If the Secretary of State shallfind that the name proposed for the district is identical with that of anyother soil and water conservation district of this State, or so nearly similar asto lead to confusion and uncertainty, he shall certify such fact to the Soiland Water Conservation Commission, which shall thereupon submit to theSecretary of State a new name for the said district, which shall not be subjectto such defects. Upon receipt of such new name, free of such defects, theSecretary of State shall record the application and statement, with the name somodified, in an appropriate book of record in his office. When the applicationand statement have been made, filed and recorded, as herein provided, thedistrict shall constitute a governmental subdivision of this State and a publicbody corporate and politic. The Secretary of State shall make and issue to thesaid supervisors a certificate, under the seal of the State, of the due organizationof the said district, and shall record such certificate with the applicationand statement. The boundaries of such district shall include the territory asdetermined by the Soil and Water Conservation Commission as aforesaid, but inno event shall they include any area included within the boundaries of anothersoil and water conservation district organized under the provisions of thisChapter.
(g) After six monthsshall have expired from the date of entry of a determination by the Soil andWater Conservation Commission that operation of a proposed district is notadministratively practicable and feasible, and denial of a petition pursuant tosuch determination, subsequent petitions may be filed as aforesaid, and actiontaken thereon in accordance with the provisions of this Chapter.
(h) Petitions forincluding additional territory within an existing district may be filed withthe Soil and Water Conservation Commission, and the proceedings herein providedfor in the case of petitions to organize a district shall be observed in thecase of petitions for such inclusions. The Commission shall prescribe the formfor such petitions, which shall be as nearly as may be in the form prescribedin this Chapter for petitions to organize a district. Where the total number ofland occupiers in the area proposed for inclusion shall be less than 25, thepetition may be filed when signed by two thirds of the occupiers of such area,and in such case no referendum need be held. In referenda petitions for suchinclusion, all occupiers of land lying within the proposed additional areashall be eligible to vote.
(i) In any suit,action or proceeding involving the validity or enforcement of, or relating toany contract, proceeding or action of the district, the district shall bedeemed to have been established in accordance with the provisions of thisChapter upon proof of the issuance of the aforesaid certificate by theSecretary of State. A copy of such certificate duly certified by the Secretaryof State shall be admissible in evidence in any such suit, action, orproceeding and shall be proof of the filing and contents thereof. (1937,c. 393, s. 5; 1947, c. 131, s. 4; 1959, c. 781, s. 6; 1965, c. 582, s. 3; 1973,c. 1262, s. 38; 1977, c. 771, s. 4; 1989, c. 727, s. 218(91); 1997‑443,s. 11A.119(a).)
