CHAPTER 201. SOIL AND WATER CONSERVATION

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AGRICULTURE CODE

TITLE 7. SOIL AND WATER CONSERVATION

CHAPTER 201. SOIL AND WATER CONSERVATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 201.001. FINDINGS, PURPOSE, AND POLICY. (a) The

legislature finds that the farm and grazing lands of the State of

Texas are among the basic assets of the state and that the

preservation of these lands is necessary to protect and promote

the health, safety, and general welfare of its people; that

improper land-use practices have caused and have contributed to,

and are now causing and contributing to, progressively more

serious erosion of the farm and grazing lands of this state by

wind and water; that the breaking of natural grass, plant, and

forest cover has interfered with the natural factors of soil

stabilization, causing loosening of soil and exhaustion of humus,

and developing a soil condition that favors erosion; that the

topsoil is being blown and washed out of fields and pastures;

that there has been an accelerated washing of sloping fields;

that these processes of erosion by wind and water speed up with

removal of absorptive topsoil, causing exposure of less

absorptive and less protective but more erosive subsoil; that

failure by an occupier of land to conserve the soil and control

erosion upon the land causes a washing and blowing of soil and

water onto other lands and makes the conservation of soil and

control of erosion on those other lands difficult or impossible.

(b) The consequences of soil erosion in the form of soil-blowing

and soil-washing are the silting and sedimentation of stream

channels, reservoirs, dams, ditches, and harbors; the loss of

fertile soil material in dust storms; the piling up of soil on

lower slopes, and its deposit over alluvial plains; the reduction

in productivity or outright ruin of rich bottom lands by overwash

of poor subsoil material, sand, and gravel swept out of the

hills; deterioration of soil and its fertility, deterioration of

crops, and declining acre yields despite development of

scientific processes for increasing such yields; loss of soil and

water that causes destruction of food and cover for wildlife; a

blowing and washing of soil into streams that silt over spawning

beds and destroy waterplants, diminishing the food supply of

fish; a diminishing of the underground water reserve that causes

water shortages, intensifies periods of drought, and causes crop

failures; an increase in the speed and volume of rainfall runoff,

causing severe and increasing floods that bring suffering,

disease, and death; impoverishment of families attempting to farm

eroding and eroded lands; damage to roads, highways, railways,

farm buildings, and other property from floods and from dust

storms; and losses in navigation, hydroelectric power, municipal

water supply, irrigation developments, farming, and grazing.

soil erosion, it is necessary that land-use practices

contributing to soil waste and soil erosion may be discouraged

and discontinued, and appropriate soil-conserving land-use

practices be adopted and carried out. Among the procedures

necessary for widespread adoption are engineering operations such

as the construction of terraces, terrace outlets, check dams,

dikes, ponds, ditches, and the like; the utilization of

strip-cropping, lister furrowing, contour cultivating, and

contour furrowing; land irrigation; seeding and planting of

waste, sloping, abandoned, or eroded lands to water-conserving

and erosion-preventing plants, trees, and grasses; forestation

and reforestation; rotation of crops, soil stabilization with

trees, grasses, legumes, and other thick-growing, soil-holding

crops, retardation of runoff by increasing absorption of

rainfall; and retirement from cultivation of steep, highly

erosive areas and areas now badly gullied or otherwise eroded.

(d) It is the policy of the legislature to provide for the

conservation of soil and related resources of this state and for

the control and prevention of soil erosion, and thereby to

preserve natural resources, control floods, prevent impairment of

dams and reservoirs, assist in maintaining the navigability of

rivers and harbors, preserve wildlife, protect the tax base,

protect public lands, and protect and promote the health, safety,

and general welfare of the people of this state, and thus to

carry out the mandate expressed in Article XVI, Section 59a, of

the Texas Constitution. It is further declared as a matter of

legislative intent and determination of policy that the State

Soil and Water Conservation Board is the state agency responsible

for implementing the constitutional provisions and state laws

relating to the conservation and protection of soil resources.

Acts 1981, 67th Leg., p. 1458, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 1, eff.

Sept. 1, 1985.

Sec. 201.002. DEFINITIONS. In this chapter:

(1) "Conservation district" means a soil and water conservation

district.

(2) "Director" means a member of the governing board of a

conservation district.

(3) "Family farm corporation" means a farm corporation all

shareholders of which are related to each other within the second

degree by consanguinity or affinity, as determined under Chapter

573, Government Code.

(4) "Federal agency" includes the Soil Conservation Service of

the United States Department of Agriculture and any other agency

or instrumentality of the federal government.

(5) "Occupier" means a person who is in possession of land lying

within a conservation district, either as lessee, tenant, or

otherwise.

(6) "State agency" includes a subdivision, agency, or

instrumentality of the state.

(7) "State board" means the State Soil and Water Conservation

Board.

(8) "State district" means a district established under Section

201.012 of this code.

Acts 1981, 67th Leg., p. 1460, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 2, eff.

Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 561, Sec. 5, eff. Aug.

26, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept.

1, 1995.

Sec. 201.003. ELIGIBLE VOTER. (a) A person is eligible to vote

in an election under this chapter if the person:

(1) is an individual who holds title to farmland or ranchland

lying within a conservation district, a conservation district

proposed by petition, or territory proposed by petition for

inclusion within a conservation district, as applicable;

(2) is 18 years of age or older; and

(3) is a resident of a county all or part of which is included

in the conservation district, the conservation district proposed

by petition, or the territory proposed for inclusion, as

applicable.

(b) If a family farm corporation owns farmland or ranchland in a

conservation district, in a proposed conservation district, or in

territory proposed for inclusion in a conservation district, the

corporation is entitled to one vote in each election under this

chapter that would affect the land owned by the corporation. The

corporation shall designate one corporate officer to vote for the

corporation in the election. The designated officer must be:

(1) 18 years of age or older; and

(2) a resident of a county all or part of which is included in

the conservation district, the proposed conservation district, or

the territory proposed for inclusion in a conservation district.

Acts 1981, 67th Leg., p. 1460, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 2, eff.

Sept. 1, 1985.

Sec. 201.004. NOTICE; ELECTION INFORMALITIES. (a) If this

chapter requires that notice of a hearing or an election be

given, the entity responsible for giving notice shall:

(1) publish notice at least twice, with an interval of at least

seven days between the publication dates, in a newspaper or other

publication of general circulation within the appropriate area;

and

(2) post notice for at least two weeks at a reasonable number of

conspicuous places within the appropriate area, including, if

possible, public places where it is customary to post notices

concerning county or municipal affairs generally.

(b) A hearing for which notice is given under this section and

which is held at the time and place designated in the notice may

be adjourned from time to time without renewing notice for the

adjourned dates.

accordance with this section and the election is fairly

conducted, an informality in the conduct of the election or in

any matter relating to the election does not invalidate the

election or its result.

Acts 1981, 67th Leg., p. 1460, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 2001, 77th Leg., ch. 1095, Sec. 1, eff.

Sept. 1, 2001.

Sec. 201.005. WATER CODE NOT APPLICABLE. Section 12.081, Water

Code, does not apply to a conservation district created under

this chapter.

Added by Acts 1985, 69th Leg., ch. 611, Sec. 2, eff. Sept. 1,

1985.

Sec. 201.006. CONFIDENTIALITY OF CERTAIN INFORMATION. (a)

Except as provided by this section, information collected by the

state board or a conservation district is not subject to Chapter

552, Government Code, and may not be disclosed if the information

is collected in response to a specific request from a landowner

or the landowner's agent or tenant for technical assistance

relating to a water quality management plan or other conservation

plan if the assistance is to be provided:

(1) under this code; and

(2) on private land that:

(A) is part of a conservation plan or water quality management

plan developed cooperatively with the state board or conservation

district; or

(B) is the subject of a report prepared by the state board or

conservation district.

(b) The state board or a conservation district may disclose

information regarding a tract of land to:

(1) the owner of the tract or the owner's agent or tenant; and

(2) a person other than the owner or the owner's agent or tenant

if:

(A) the owner or the agent or tenant consents in writing to full

or specified partial disclosure of the information; and

(B) the consent is attached to each plan or report regarding the

tract prepared by the state board or conservation district.

a manner that prevents the identification of a particular tract

of land, the owner of the tract, or the owner's agent or tenant,

a summary of information collected by the state board or

conservation district regarding:

(1) the number of acres of land that are in a particular

conservation plan;

(2) the number of acres of land that are subject to a particular

conservation practice; or

(3) other conservation program information.

(d) The state board or a conservation district shall provide a

person with notice regarding this section at the time the person

requests technical assistance from the state board or

conservation district.

(e) The state board or a conservation district may disclose

information to a law enforcement agency of this state or the

United States in compliance with a subpoena for the information.

(f) The state board or a conservation district may disclose

information relating to water quality complaints or compliance

failures to the Texas Natural Resource Conservation Commission

under Section 201.026.

(g) The state board or a conservation district may disclose to

the attorney general information relating to a breach of

contract.

(h) The state board or a conservation district may not be held

liable for damage caused by a violation of this section.

(i) A reference in this section to the state board or a

conservation district includes an officer, employee, or agent of

the state board or conservation district.

Added by Acts 1997, 75th Leg., ch. 410, Sec. 1, eff. Sept. 1,

1997.

SUBCHAPTER B. STATE SOIL AND WATER CONSERVATION BOARD

Sec. 201.011. COMPOSITION. The State Soil and Water

Conservation Board is a state agency composed of seven members as

follows:

(1) one member elected from each of the state districts in

accordance with this subchapter; and

(2) two members appointed by the governor, each of whom is:

(A) actively engaged in the business of farming, animal

husbandry, or other business related to agriculture and who

wholly or partly owns or leases land used in connection with that

business; and

(B) not a member of the board of directors of a conservation

district.

Acts 1981, 67th Leg., p. 1461, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(a), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 1, eff. Sept.

1, 2003.

Sec. 201.012. STATE DISTRICTS. (a) For purposes of this

chapter, the state is divided into five districts, each of which

is composed as provided by this section.

(b) State District No. 1 is composed of the following 51

counties: Dallam, Dawson, Sherman, Hansford, Ochiltree, Lipscomb,

Hartley, Moore, Hutchinson, Roberts, Hemphill, Oldham, Potter,

Carson, Gray, Wheeler, Deaf Smith, Randall, Armstrong, Donley,

Collingsworth, Parmer, Castro, Swisher, Briscoe, Hall, Childress,

Bailey, Lamb, Hale, Floyd, Motley, Cottle, Hardeman, Cochran,

Hockley, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn,

Garza, Kent, Stonewall, Gaines, Borden, Scurry, Fisher, and

Foard.

counties: Andrews, Martin, Howard, Mitchell, Nolan, Taylor,

Runnels, Coke, Sterling, Glasscock, Midland, Ector, Winkler,

Loving, Reeves, Culberson, Hudspeth, El Paso, Jeff Davis,

Presidio, Brewster, Pecos, Terrell, Ward, Crane, Upton, Reagan,

Irion, Tom Green, Concho, McCulloch, San Saba, Mason, Llano,

Blanco, Gillespie, Crockett, Schleicher, Menard, Sutton, Kimble,

Val Verde, Edwards, Real, Kerr, Kendall, Bandera, Uvalde, Medina,

Kinney, and Maverick.

(d) State District No. 3 is composed of the following 50

counties: Burleson, Lee, Bastrop, Travis, Hays, Comal, Guadalupe,

Caldwell, Fayette, Washington, Austin, Colorado, Lavaca,

Gonzales, Wilson, Bexar, DeWitt, Jackson, Wharton, Fort Bend,

Brazoria, Matagorda, Calhoun, Refugio, Bee, Karnes, Live Oak,

Atascosa, McMullen, LaSalle, Frio, Duval, Dimmit, Webb, Zapata,

Jim Hogg, Starr, Brooks, Hidalgo, Cameron, Willacy, Kenedy,

Kleberg, Nueces, San Patricio, Aransas, Jim Wells, Zavala,

Goliad, and Victoria.

(e) State District No. 4 is composed of the following 51

counties: Lamar, Red River, Bowie, Delta, Hopkins, Franklin,

Titus, Morris, Cass, Marion, Camp, Upshur, Wood, Rains, Van

Zandt, Smith, Gregg, Harrison, Henderson, Cherokee, Rusk, Panola,

Shelby, Nacogdoches, Anderson, Freestone, Leon, Robertson,

Brazos, Madison, Grimes, Waller, Houston, Walker, Trinity,

Angelina, San Augustine, Sabine, Newton, Jasper, Tyler, Polk, San

Jacinto, Montgomery, Harris, Liberty, Hardin, Orange, Jefferson,

Chambers, and Galveston.

(f) State District No. 5 is composed of the following 51

counties: Wilbarger, Wichita, Clay, Montague, Cooke, Grayson,

Fannin, Hunt, Collin, Denton, Wise, Jack, Archer, Baylor, Knox,

Haskell, Stephens, Throckmorton, Young, Jones, Shackelford, Palo

Pinto, Rockwall, Kaufman, Ellis, Parker, Tarrant, Dallas,

Johnson, Hood, Somervell, Erath, Eastland, Callahan, Coleman,

Brown, Comanche, Mills, Hamilton, Bosque, Hill, Navarro,

Limestone, McLennan, Falls, Milam, Bell, Williamson, Burnet,

Lampasas, and Coryell.

Acts 1981, 67th Leg., p. 1461, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 201.013. STATE DISTRICT CONVENTIONS. (a) For the purpose

of electing a member to the state board, each state district

shall conduct a convention attended by delegates elected from

each conservation district in the state district.

(b) The state board shall notify the chairman and secretary of

each board of directors of the location of the state district

convention in the applicable state district. The state board

shall give the notice at least 60 days before the date of the

convention.

the chairman of each board of directors shall call a meeting for

the purpose of electing a delegate and an alternate to the state

district convention. In order to serve as a delegate or an

alternate, a person must be an eligible voter of the conservation

district and actively engaged in farming or ranching.

(d) The chairman of a board of directors shall certify the name

and address of the delegate and the alternate to the state board

not later than the 30th day before the date of the convention.

(e) Each delegate to a state district convention, or an

alternate attending in the place of a delegate, is entitled to a

per diem of $30 a day for not more than two days and the state

mileage reimbursement rate specified in the General

Appropriations Act for travel each way between the county seat of

the delegate's residence and the convention site. The state

board shall pay the per diem and travel allowance.

(f) A member of the state board is a qualified delegate to the

convention of the state district from which the member was

elected.

(g) A majority of the delegates to a state district convention

constitutes a quorum.

Acts 1981, 67th Leg., p. 1462, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 3, eff.

Sept. 1, 1985.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

624, Sec. 2, eff. June 15, 2007.

Sec. 201.014. ELECTION. (a) The delegates at a state district

convention by majority vote shall elect a member to the state

board from among the qualified delegates. No later than the fifth

day after the day of the election, the chairman of the convention

shall certify to the state board and to the secretary of state

the name and address of the person elected.

(b) A state district convention shall conduct an election under

this section on the first Tuesday in May of each year in which

the term expires for the member of the state board representing

that district.

Acts 1981, 67th Leg., p. 1462, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 201.0141. INELIGIBILITY TO SERVE ON BOARD; INELIGIBILITY

FOR CERTAIN POSITIONS. (a) In this section, "Texas trade

association" means a cooperative and voluntarily joined

association of business or professional competitors in this state

designed to assist its members and its industry or profession in

dealing with mutual business or professional problems and in

promoting their common interest.

(b) A person may not be a member of the state board or act as

the general counsel to the state board if the person is required

to register as a lobbyist under Chapter 305, Government Code,

because of the person's activities for compensation on behalf of

a profession related to the operation of the state board.

be a state board employee employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.) and its subsequent amendments, if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association whose primary purpose is the promotion of

soil and water conservation; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association whose primary purpose is

the promotion of soil and water conservation.

Added by Acts 1985, 69th Leg., ch. 611, Sec. 10, eff. Sept. 1,

1985. Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.19(11),

eff. Sept. 1, 1987; Acts 2001, 77th Leg., ch. 1095, Sec. 2, eff.

Sept. 1, 2001.

Sec. 201.0142. TRAINING PROGRAM FOR MEMBERS OF STATE BOARD. (a)

A person who is elected and qualifies for office as a member of

the state board may not vote, deliberate, or be counted as a

member in attendance at a meeting of the state board until the

person completes a training program that complies with this

section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the state board;

(2) the programs operated by the state board;

(3) the role and functions of the state board;

(4) the rules of the state board, with an emphasis on the rules

that relate to disciplinary and investigatory authority;

(5) the current budget for the state board;

(6) the results of the most recent formal audit of the state

board;

(7) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

Code; and

(D) other laws relating to public officials, including

conflict-of-interest laws; and

(8) any applicable ethics policies adopted by the state board or

the Texas Ethics Commission.

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program,

regardless of whether attendance at the program occurs before or

after the person qualifies for office.

Added by Acts 2001, 77th Leg., ch. 1095, Sec. 3, eff. Sept. 1,

2001.

Sec. 201.015. TERM. (a) Members of the state board serve for

staggered terms of two years. The terms of the members elected

from State Districts No. 1, No. 3, and No. 5 expire in

odd-numbered years. The terms of the members elected from State

Districts No. 2 and No. 4 expire in even-numbered years.

(b) The term of office of an elected member of the state board

begins on the day after the day on which the member was elected.

The term of one member appointed by the governor expires February

1 of each odd-numbered year, and the term of the other member

appointed by the governor expires February 1 of each

even-numbered year.

Acts 1981, 67th Leg., p. 1462, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 11, eff.

Sept. 1, 1985; Acts 2003, 78th Leg., ch. 200, Sec. 13(b), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 2, eff. Sept.

1, 2003.

Sec. 201.0151. REMOVAL FROM BOARD. (a) It is a ground for

removal from the state board that a member:

(1) does not have at the time of election the qualifications

required by Subsection (c) of Section 201.013 of this code;

(2) does not maintain during service on the state board the

qualifications required by Subsection (c) of Section 201.013 of

this code;

(3) is ineligible for membership under Section 201.0141 of this

code;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial portion of the member's term;

(5) is absent from more than half of the regularly scheduled

state board meetings that the member is eligible to attend during

a calendar year, without an excuse approved by a majority vote of

the state board.

(b) The validity of an action of the state board is not affected

by the fact that the action was taken when a ground for removal

of a state board member exists.

ground for removal exists, the executive director shall notify

the chairman of the state board. The chairman shall then notify

the governor and the attorney general that a potential ground for

removal exists. If the potential ground for removal involves the

chairman, the executive director shall notify the next highest

ranking officer of the state board, who shall then notify the

governor and the attorney general that a potential ground for

removal exists.

Added by Acts 1985, 69th Leg., ch. 611, Sec. 12, eff. Sept. 1,

1985. Amended by Acts 2001, 77th Leg., ch. 1095, Sec. 4, eff.

Sept. 1, 2001.

Sec. 201.0152. APPLICATION. Sections 201.0141, 201.0142, and

201.0151 apply to the governor's appointees under this chapter.

Added by Acts 2003, 78th Leg., ch. 983, Sec. 3, eff. Sept. 1,

2003.

Sec. 201.016. VACANCY. Vacancies in the state district

positions on the state board are filled by election in the manner

provided by this subchapter for an unexpired term or for a full

term.

Acts 1981, 67th Leg., p. 1462, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 13(c), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 983, Sec. 4, eff. Sept.

1, 2003.

Sec. 201.017. OATH; COMPENSATION. (a) Each member of the state

board shall take the constitutional oath of office.

(b) Each member of the state board is entitled to compensation

in an amount not to exceed $100 for each day of actual service

rendered. In addition, each member of the state board is entitled

to reimbursement for expenses, including traveling expenses,

necessarily incurred in the discharge of official duties.

Acts 1981, 67th Leg., p. 1462, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 201.018. MAJORITY VOTE REQUIREMENT. The concurrence of a

majority of the members of the state board is required for the

determination of any matter within the board's duties.

Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 201.019. OFFICERS AND EMPLOYEES. (a) The state board

shall designate one of its members as chairman.

(b) The state board may employ an executive director and other

agents and employees, temporary or permanent, as it may require,

and shall determine their qualifications, duties, and

compensation according to the terms and amounts specified in the

General Appropriations Act.

(d) The state board may delegate any power or duty under this

chapter to its chairman, one or more of its members, or one or

more of its agents or employees.

(e) The state board may employ a counsel and legal staff or call

on the attorney general for required legal services.

(f) The executive director or the executive director's designee

shall provide to members of the state board and state board

employees, as often as necessary, information regarding the

requirements for office or employment under this chapter,

including information regarding a person's responsibilities under

applicable laws relating to standards of conduct for state

officers and employees.

(g) The executive director shall develop an intraagency career

ladder program, one part of which shall require the intraagency

posting of all nonentry level positions concurrently with any

public posting.

(h) The executive director shall develop a system of annual

performance evaluations based on measurable job tasks. All merit

pay for employees of the state board must be based on the system

established under this subsection.

(i) The agency shall develop and implement policies which

clearly separate the respective responsibilities of the state

board and the staff of the board.

Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 13, eff.

Sept. 1, 1985; Acts 2001, 77th Leg., ch. 1095, Sec. 5, eff. Sept.

1, 2001; Acts 2003, 78th Leg., ch. 285, Sec. 31(3), eff. Sept. 1,

2003.

Sec. 201.0191. EQUAL OPPORTUNITY EMPLOYMENT. (a) The executive

director or the executive director's designee shall prepare and

maintain a written policy statement that implements a program of

equal employment opportunity to ensure that all personnel

decisions are made without regard to race, color, disability,

sex, religion, age, or national origin.

(b) The policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, training, and promotion of

personnel, that show the intent of the state board to avoid the

unlawful employment practices described by Chapter 21, Labor

Code; and

(2) an analysis of the extent to which the composition of the

state board's personnel is in accordance with state and federal

law and a description of reasonable methods to achieve compliance

with state and federal law.

(1) be filed with the governor's office;

(2) be updated annually; and

(3) be reviewed by the Commission on Human Rights for compliance

with Subsection (b)(1).

Added by Acts 1985, 69th Leg., ch. 611, Sec. 14, eff. Sept. 1,

1985. Amended by Acts 2001, 77th Leg., ch. 1095, Sec. 6, eff.

Sept. 1, 2001.

Sec. 201.020. RECORDS; HEARINGS; RULES. (a) The state board

shall keep a complete record of all of its official actions, may

hold public hearings at times and places in this state as

determined by the board, and may adopt rules as necessary for the

performance of its functions under this chapter.

(b) The state board shall develop and implement policies which

will provide the public with a reasonable opportunity to appear

before the board and to speak on any issue under the jurisdiction

of the board.

Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 15, eff.

Sept. 1, 1985.

Sec. 201.021. OFFICE. The board may select the location of its

office.

Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 201.022. GENERAL POWERS AND DUTIES. (a) In addition to

other powers and duties provided by this chapter, the state board

shall:

(1) offer appropriate assistance to the directors of

conservation districts in carrying out programs and powers under

this chapter;

(2) coordinate the programs of the conservation districts to the

extent possible through advice and consultation;

(3) secure the cooperation and assistance of the federal

government, federal agencies, and state agencies;

(4) disseminate information throughout this state concerning the

activities and programs of the conservation districts;

(5) encourage the formation of a conservation district in each

area in which the organization of a conservation district is

desirable; and

(6) prepare information of public interest describing the

functions of the board and make the information available to the

general public and to appropriate state agencies.

(b) The state board may cooperate with the governing boards of

wind erosion conservation districts in putting into operation in

those districts the provisions of this chapter that do not

conflict with Chapter 202 of this code.

Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 16, eff.

Sept. 1, 1985.

Sec. 201.023. FUNDS MANAGEMENT. (a) Except as provided by

Section 201.081, the state board shall deposit all money and

securities received by it in the state treasury to the credit of

a special fund known as the state soil conservation fund. That

fund shall be appropriated to the state board for use in the

administration of this chapter and is subject to the same care

and control while in the state treasury as other funds of the

state.

(b) The financial transactions of the state board are subject to

audit by the state auditor in accordance with Chapter 321,

Government Code. The board shall file annually with the governor

and the presiding officer of each house of the legislature a

complete and detailed written report that accounts for all funds

received and disbursed by the board during the preceding year.

The form of the annual report and the time for the report shall

be prescribed in the General Appropriations Act.

the board or the administrative officer to approve claims and

accounts payable by the board. That approval is sufficient to

authorize the comptroller of public accounts to issue a warrant

drawn on the funds appropriated to the board for payment of the

claim and is sufficient to authorize the comptroller to honor

payment of the warrant.

(d) The state board may accept any donation or contribution in

any form, including money, materials, or services, and from any

source for the purpose of carrying out this chapter, including

the cost of conducting the annual meeting of conservation

district directors under Section 201.081 of this code.

Acts 1981, 67th Leg., p. 1463, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1985, 69th Leg., ch. 611, Sec. 4, 17, eff.

Sept. 1, 1985; Acts 1989, 71st Leg., ch. 584, Sec. 75, eff. Sept.

1, 1989; Acts 1991, 72nd Leg., ch. 55, Sec. 2, eff. Aug. 26,

1991; Acts 1997, 75th Leg., ch. 1423, Sec. 2.14, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 1095, Sec. 8, eff. Sept. 1, 2001.

Sec. 201.0231. COMPLAINTS. (a) The state board shall maintain

a file on each written complaint filed with the state board.

(b) The file must include:

(1) the name of the person who filed the complaint;

(2) the date the complaint is received by the state board;

(3) the subject matter of the complaint;

(4) the name of each person contacted in relation to the

complaint;

(5) a summary of the results of the review or investigation of

the complaint; and

(6) an explanation of the reason the file was closed, if the

state board closed the file without taking action other than to

investigate the complaint.

complaint and to each person who is a subject of the complaint a

copy of the state board's policies and procedures relating to

complaint investigation and resolution.

(d) The state board, at least quarterly until final disposition

of the complaint, shall notify the person filing the complaint

and each person who is a subject of the complaint of the status

of the investigation unless the notice would jeopardize an

undercover investigation.

Added by Acts 1985, 69th Leg., ch. 611, Sec. 18, eff. Sept. 1,

1985. Amended by Acts 2001, 77th Leg., ch. 1095, Sec. 9, eff.

Sept. 1, 2001.

Sec. 201.024. CONTRACTS FOR WATERSHED PROTECTION AND FLOOD

CONTROL PLANS. The state board may contract with one or more

state or federal agencies or with one or more private firms for

the development of plans necessary for securing detailed

information and developing work plans for the location, design,

installation, and construction of structures and other

improvements for the reduction and prevention of floods in

state-approved watershed protection and flood prevention projects

of 250,000 acres or less.

Acts 1981, 67th Leg., p. 1464, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 201.025. SUNSET PROVISION. The State Soil and Water

Conservation Board is subject to Chapter 325, Government Code

(Texas Sunset Act). Unless continued in existence as provided by

that chapter, the board is abolished and this chapter expires

September 1, 2011.

Acts 1981, 67th Leg., p. 1464, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1985, 69th Leg., ch. 479, Sec. 189, eff.

Sept. 1, 1985; Acts 1985, 69th Leg., ch. 611, Sec. 19, eff. Sept.

1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 5.23(a),

eff. Nov. 12, 1991; Acts 2001, 77th Leg., ch. 1095, Sec. 10, eff.

Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., 1st C.S., Ch.

2, Sec. 1.01, eff. July 10, 2009.

Sec. 201.026. NONPOINT SOURCE POLLUTION. (a) The state board

is the lead agency in this state for activity relating to abating

agricultural and silvicultural nonpoint source pollution.

(b) As the lead agency, the state board shall:

(1) plan, implement, and manage programs and practices for

abating agricultural and silvicultural nonpoint source pollution;

(2) have as a goal:

(A) setting priorities among voluntary efforts to reduce

nonpoint source pollution and promoting those efforts in a manner

consistent with the priorities; and

(B) assisting landowners to prevent regulatory enforcement

actions related to nonpoint source pollution; and

(3) provide to the agricultural community information regarding

the jurisdictions of the state board and the Texas Commission on

Environmental Quality related to nonpoint source pollution.

a permit or other authorization is not required under that

chapter as a prerequisite for the land application of animal

waste for beneficial use at agronomic rates to property that is

not owned or controlled by the owner or operator of a facility

that Chapter 26, Water Code, requires to hold a permit or other

authorization. This section does not affect the authority of the

Texas Commission on Environmental Quality to investigate or take

enforcement action against a point source discharge under Section

26.121, Water Code.

(d) On the request of the owner of land on which animal waste is

applied for agricultural purposes, the state board may create and

certify a water quality management plan for the land.

(e) Other state agencies with responsibility for abating

agricultural and silvicultural nonpoint source pollution shall

coordinate any abatement programs and activities with the state

board.

(f) The state board shall represent the state before the federal

Environmental Protection Agency or other federal agencies on a

matter relating to agricultural or silvicultural nonpoint source

pollution. Nothing herein shall impair the ability of:

(1) the General Land Office to represent the state before any

federal agency in matters relating to the state's participation

in the federal coastal zone management program;

(2) the Texas Commission on Environmental Quality to represent

the state before any federal agency in matters relating to the

state's overall participation in the Federal Water Pollution

Control Act (33 U.S.C. Section 1251 et seq.); or

(3) the Texas Department of Agriculture to represent the state

before any federal agency in matters relating to the state's

overall participation in the Federal Insecticide, Fungicide, and

Rodenticide Act (7 U.S.C. Section 136 et seq.).

(g) In an area that the state board identifies as having or

having the potential to develop agricultural or silvicultural

nonpoint source water quality problems or an area within the

"coastal zone" designated by the Coastal Coordination Council,

the state board shall establish a water quality management plan

certification program that provides, through local soil and water

conservation districts, for the development, supervision, and

monitoring of individual water quality management plans for

agricultural and silvicultural lands. Each plan must be

developed, maintained, and implemented under rules and criteria

adopted by the state board and comply with state water quality

standards established by the Texas Commission on Environmental

Quality. The state board shall certify a plan that satisfies the

state board's rules and criteria and complies with state water

quality standards established by the Texas Commission on

Environmental Quality under the commission's exclusive authority

to set water quality standards for all water in the state.

(h) At the request of the landowner, the state board may develop

and certify a water quality management plan for any agricultural

or silvicultural land in the state. Section 26.302(b-1), Water

Code, applies to a water quality management plan developed or

certified for use by a poultry facility under this section.

(i) A water quality management plan developed under this section

that covers land on which animal carcasses will be buried must

include:

(1) disposal management practices for the carcasses, including a

requirement that poultry carcasses may be buried on site only in

the event of a major die-off that exceeds the capacity of a

poultry facility to handle and dispose of poultry carcasses by

the normal means used by the facility; and

(2) burial site requirements that identify suitable locations

for burial based on site-specific factors including:

(A) land use;

(B) soil conditions; and

(j) The Texas Commission on Environmental Quality may not

require a landowner who requests and complies with a water

quality management plan under Subsection (i) to record the burial

of animal carcasses in the county deed records or report the

burial to the commission.

(k) The state board shall notify the Texas Commission on

Environmental Quality not later than the 10th business day after

the date the state board decertifies a water quality management

plan for an animal feeding operation.

(l) The state board shall update the state board's

identification of priority areas for the control of nonpoint

source pollution at least every four years. The state board, in

considering changes to the identified priority areas, shall

consider:

(1) bodies of water the Texas Commission on Environmental

Quality has identified as impaired through the state water

quality assessment process;

(2) threatened areas in which action is necessary to prevent

nonpoint source pollution; and

(3) other areas of concern, including groundwater concerns.

(m) Complaints concerning a violation of a water quality

management plan or a violation of a law or rule relating to

agricultural or silvicultural nonpoint source pollution under the

jurisdiction of the state board shall be referred to the state

board. The state board, in cooperation with the local soil and

water conservation district, shall investigate the complaint. On

completion of the investigation, the state board, in consultation

with the soil and water conservation district, either shall

determine that further action is not warranted or shall develop

and implement a corrective action plan to address the complaint.

If the person about whom the complaint has been made fails or

refuses to take corrective action, the state board shall refer

the complaint to the Texas Commission on Environmental Quality.

Added by Acts 1985, 69th Leg., ch. 611, Sec. 5, eff. Sept. 1,

1985. Amended by Acts 1993, 73rd Leg., ch. 54, Sec. 1, eff. April

29, 1993; Acts 2001, 77th Leg., ch. 1095, Sec. 11, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 1189, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

418, Sec. 5, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

875, Sec. 1, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

875, Sec. 2, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

875, Sec. 3, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(1), eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.002(1), eff. September 1, 2009.

Sec. 201.027. ENFORCEMENT REFERRAL RECORDS. (a) The state

board shall maintain detailed records about each state board

referral of an agricultural or silvicultural operation to the

Texas Natural Resource Conservation Commission for enforcement.

(b) Records maintained under Subsection (a) must include

information regarding the final disposition of the referral by

the Texas Natural Resource Conservation Commission, including any

enforcement action taken against the agricultural or

silvicultural operation.

Added by Acts 2001, 77th Leg., ch. 1095, Sec. 12, eff. Sept. 1,

2001.

Sec. 201.028. SEMIANNUAL REPORT. Not later than January 1 and

July 1 of each year, the state board shall prepare and deliver to

the governor, the lieutenant governor, and the speaker of the

house of representatives a report relating to the status of the

budget areas of responsibility assigned to the board, including

outreach programs, grants made and received, federal funding

applied for and received, special projects, and oversight of

water conservation district activities.

Added by Acts 2003, 78th Leg., ch. 200, Sec. 13(d), eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 983, Sec. 5, eff. Sept. 1, 2003.

SUBCHAPTER C. CREATION, BOUNDARY CHANGES, AND DISSOLUTION OF SOIL

AND WATER CONSERVATION DISTRICTS

Sec. 201.041. PETITION. (a) The eligible voters of any

territory may petition the state board for the organization of a

soil and water conservation district. The petition must be signed

by at least 50 persons eligible to vote in an election to create

the conservation district unless the territory contains fewer

than 100 eligible voters, in which case the petition must be

signed by a majority of the eligible voters in the territory.

(b) The petition must contain:

(1) a proposed name for the conservation district;

(2) a description of the territory proposed to be organized as a

conservation district;

(3) a statement that there is need for a conservation district

to function in the described territory in the interest of the

public health, safety, and welfare; and

(4) a request that:

(A) the state board define the boundaries of the conservation

district;

(B) an election be held within the defined territory on the

question of creation of a conservation district in that

territory; and

created.

metes and bounds or by legal subdivisions, but must be generally

accurate in order to be sufficient.

(d) If more than one petition is filed covering parts of the

same territory, the state board may consolidate any or all of the

petitions.

Acts 1981, 67th Leg., p. 1464, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 201.042. HEARING. (a) Not later than the 30th day after

the day on which a petition is filed with the state board, the

state board shall give notice of a hearing on:

(1) the question of the desirability and necessity of the

creation of a conservation district in the interest of the public

health, safety, and welfare;

(2) the question of the appropriate boundaries to be assigned to

the conservation district;

(3) the propriety of the petitions and other proceedings taken

under this chapter; and

(4) all questions relevant to those matters.

(b) Following notice, the state board shall conduct a hearing on

the petition. Any interested person, including a person who is an

eligible voter in the territory described in the petition or in

the territory that is considered for addition to the described

territory, is entitled to attend the hearing and be heard.

include within the conservation district territory that is

outside the area within which notice has been given, the state

board shall adjourn the hearing and give notice of further

hearings throughout the entire area considered for inclusion in

the conservation district. Following that notice, the board shall

reconvene the hearing.

(d) After the hearing, if the state board, on the basis of the

facts presented at the hearing and other available information,

determines that there is need, in the interest of the public

health, safety, and welfare, for a conservation district to

function in the territory considered at the hearing, the board

shall record that determination, define the boundaries of the

conservation district by metes and bounds or by legal

subdivisions, and conduct an election in accordance with Section

201.043 of this code. The board may not include within the

defined boundaries any territory that is within the boundaries of

another conservation district.

(e) In making the determination of need and defining the

boundaries of the conservation district, the state board shall

give due weight and consideration to:

(1) the topography of the area considered and of the state;

(2) the soil composition of the area considered and of the

state;

(3) the distribution of erosion, the prevailing land-use

practices, and the desirability and necessity of including within

the conservation district the area under consideration;

(4) the benefits the area under consideration may receive from

being included within the boundaries of the conservation

district;

(5) the relation of the area considered to existing watersheds

and agricultural regions and to other conservation districts in

existence or proposed to be created; and

(6) other relevant physical, geographical, and economic factors,

having due regard to the legislative determinations made in

Section 201.001 of this code.

(f) After the hearing and consideration of the relevant facts,

if the state board determines that there is no need for a

conservation district to function in the territory considered at

the hearing, it shall record that determination and deny the

petition.

(g) The state board shall pay all expenses for the issuance of

notices of the public hearings. The board shall supervise the

conduct of those hearings and may adopt rules governing the

conduct of the hearings.

Acts 1981, 67th Leg., p. 1465, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 201.043. ELECTION. (a) Within a reasonable time after

determining the need for a conservation district and defining the

boundaries of the proposed conservation district, the state board

shall conduct an election within the proposed conservation

district on the proposition of the creation of the conservation

district.

(b) The state board shall give notice of the election and the

notice must state the boundaries of the proposed conservation

district.

voting for or against the proposition: "The creation of a soil

and water conservation district from the land below described in

general terms and lying in the county (or counties) of

_______________."

(d) Each eligible voter in the proposed conservation district,

as determined by the state board, is entitled to vote in the

election. If part of a county is included within a proposed

conservation district and the polling place of an eligible voter

within the county is not included within the conservation

district, the voter is entitled to vote at the polling place for

the voter's land in the conservation district.

(e) Except as otherwise provided by this chapter, the election

shall be conducted in conformity with the general laws relating

to elections.

(f) The state board shall adopt rules for the conducting of

elections, including rules providing for the registration of all

eligible voters prior to the date of the election or prescribing

another appropriate procedure for the determination of

eligibility to vote.

Acts 1981, 67th Leg., p. 1466, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 201.044. STATE BOARD DETERMINATION OF ADMINISTRATIVE

PRACTICABILITY AND FEASIBILITY. (a) After announcing the

results of an election, the state board shall consider,

determine, and record its determination of whether the operation

of the conservation district within the defined boundaries is

administratively practicable and feasible. In making that

determination, the state board shall give due regard and

consideration to:

(1) the attitude of eligible voters in the defined boundaries;

(2) the number of persons eligible to vote in the election who

voted;

(3) the number of votes cast in the election favoring creation

of the conservation district in proportion to the total number of

votes cast;

(4) the approximate wealth and income of the eligible voters of

the proposed conservation district;

(5) the probable expense of carrying on erosion control

operations within the proposed conservation district; and

(6) other relevant social and economic factors, having due

regard for the legislative determinations made in Section 201.001

of this code.

(b) The state board may proceed with the organization of the

conservation district only if:

(1) the board determines that the operation of the conservation

district is administratively practicable and feasible; and

(2) at least two-thirds of the votes cast in the election were

in favor of creation of the conservation district.

conservation district is not administratively practicable and

feasible, the state board shall deny the petition.

Acts 1981, 67th Leg., p. 1466, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 201.045. SUBSEQUENT PETITIONS. If the state board denies a

petition under this subchapter, a subsequent petition covering

the same or substantially the same territory may not be filed

with the board until six months have expired following the date

of denial.

Acts 1981, 67th Leg., p. 1467, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 201.046. ESTABLISHMENT OF DISTRICT SUBDIVISIONS;

APPOINTMENT OF INITIAL DIRECTORS. After determining that the

operation of the conservation district is administratively

practicable and feasible, the state board shall divide the

conservation district into five numbered subdivisions that are as

nearly equal in area as practicable. The board shall appoint one

director each from the subdivisions numbered two and four. Those

directors shall perform the duties required by this subchapter

and shall serve on the initial governing board of the

conservation district until the regular election for those

subdivisions.

Acts 1981, 67th Leg., p. 1467, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 201.047. APPLICATION FOR CERTIFICATE OF ORGANIZATION. (a)

The two appointed directors shall present to the secretary of

state an application for a certificate of organization for the

conservation district containing the information prescribed by

Subsection (b) of this section and a statement from the state

board containing the information prescribed by Subsection (c) of

this section. The application and the statement are not required

to contain any detail other than a recital of the information

required by this section.

(b) The application for the certificate must contain:

(1) a statement that:

(A) a petition for the creation of the conservation district was

filed with the state board in accordance with this chapter;

(B) the proceedings specified in this chapter were taken

relative to that petition;

organization of the conservation district as a governmental

subdivision and a public body corporate and politic under this

chapter; and

(D) the state board has appointed the applicants as directors;

(2) the name and official residence of each of the appointed

directors;

(3) a certified copy of the appointment of the directors

evidencing their right to office;

(4) the term of office of each of the appointed directors;

(5) the name that is proposed for the conservation district; and

(6) the location of the principal office of the appointed

directors.

boundaries of the conservation district and certify that:

(1) a petition was filed, notice issued, and a hearing held as

required by this chapter;

(2) the board did determine that there is need, in the interest

of the public health, safety, and welfare, for a conservation

district to function in the proposed territory;

(3) the board did define the boundaries of the conservation

district;

(4) notice was given and an election held on the question of the

creation of the conservation district;

(5) the result of the election showed a two-thirds majority of

the votes cast in the election to be in favor of the creation of

the conservation district; and

(6) the board did determine that the operation of the

conservation district is administratively practicable and

feasible.

(d) The directors shall subscribe and swear to the application

before an officer authorized by law to take and certify oaths.

That officer shall certify on the application that the officer

personally knows the directors, that the officer knows them to be

the directors as affirmed in the application, and that each

director has subscribed to the application in the officer's

presence.

Acts 1981, 67th Leg., p. 1467, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 201.048. ISSUANCE OF CERTIFICATE. (a) The secretary of

state shall examine the application for a certificate of

organization and the statement of the state board. If the

secretary of state finds that the name proposed for the

conservation district is not identical to that of another

conservation district or so nearly similar as to lead to

confusion or uncertainty, the secretary shall receive the

application and statement, file them, and record them in an

appropriate book of record in the secretary's office.

(b) If the secretary of state finds that the name proposed for

the conservation district is identical to that of another

conservation district or so nearly similar as to lead to

confusion or uncertainty, the secretary shall certify that fact

to the state board and the state board shall submit to the

secretary a new name for the conservation district that is free

of that defect. After receipt of a name that is free of that

defect, the secretary shall record the application and statement,

with the modified name, in an appropriate book of record in the

secretary's office.

provided by this section, the conservation district constitutes a

governmental subdivision and a public body corporate and politic.

(d) The secretary of state shall make and issue to the directors

a certificate, under the state seal, of the due organization of

the conservation district. The secretary shall record the

certificate with the application and statement.

Acts 1981, 67th Leg., p. 1468, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1993, 73rd Leg., ch. 300, Sec. 24, eff.

Aug. 30, 1993.

Sec. 201.049. EFFECT OF CERTIFICATE; ADMISSIBILITY. In a suit,

action, or proceeding involving the validity or enforcement of,

or relating to, a contract, proceeding, or action of a

conservation district, the conservation district is considered to

have been established in accordance with this chapter on proof of

the issuance of a certificate of organization by the secretary of

state. A copy of the certificate certified by the secretary of

state is admissible in evidence in the suit, action, or

proceeding and is proof of the filing of the certificate and the

contents of the certificate.

Acts 1981, 67th Leg., p. 1468, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 201.050. CHANGE IN CONSERVATION DISTRICT OR SUBDIVISION

BOUNDARIES. (a) A group of eligible voters may petition the

state board for the inclusion of additional territory in an

existing conservation district. Except as provided by Subsection

(b) of this section, the petition is governed by, and the state

board shall conduct proceedings on the petition in accordance

with, the provisions of this subchapter relating to petitions for

the creation of a conservation district. The state board shall

prescribe the form for the petition, which must be as similar as

practicable to the form provided for petitions for the creation

of a conservation district.

(b) If there are fewer than 100 eligible voters in the area

proposed for inclusion in the conservation district, and the

petition is signed by two-thirds of those persons, the area may

be included in the conservation district without an election. A

person is eligible to vote at an election for including territory

in an existing conservation district only if the person owns land

in the territory to be included.

may submit a petition to the state board requesting a division of

the conservation district, a combination of two or more

conservation districts, or a transfer of land from one

conservation district to another. The petition must be signed by

a majority of the directors of eac

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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