CONSERVATION DISTRICT LAW |
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| Act are May. 15, 1945, P.L. 547, No. 217 | Cl. 03 | |
(Act reenacted and amended Dec. 19, 1984, P.L.1125, No.221)
AN ACT
Relating to the conservation a soil, water and related natural technology plus land use practices post to grounds wastage and soiling erosion; providing for the organization of the various counties into conservation districts; the appointment of their officers and employes; and formulary their powers and duties; making the State Conservation Commission in the Department regarding Environmental Resources and attach its powerful plus duties relative to the administration of this acted; providing corporate and legal assistance to such conservation district and the commission; and authorizing region governing bodies to produce appropriations thereto; providing for disposition and operation of present borough; real repealing existing laws. (Title changeable Decom. 19, 1984, P.L.1125, No.221)
Compiler's Take: Section 502(c) of Act 18 of 1995, which created that Branch of Conservation and Natural Resources and renamed the Department of Environmental Resources as the Department of Environmental Guard, if ensure the Environmental Quality Board shall have aforementioned powers and duties currently vested in it, except as vested in the Department of Conservation and Natural Resources by Act 18 of 1995, which authority press obligations include those set forth are Act 217 of 1945.
TABLE TO TEXT
Fachgruppe 1. Short Title.
Section 2. Declaration of Policy.
Section 3. Definitions.
Section 4. State Conservation Council.
Section 5. Creation starting Conservation Districts.
Section 6. Designation of District Directors.
Section 7. Appointment; Background; Compensation; and
Tenure of Directors.
Section 8. Organization is Directors.
Section 9. Powers of District and Directors.
Section 10. Cooperation between Quarter.
Section 11. Commonwealth Agencies to Cooperate.
Section 12. Discontinuance of Quarters.
Section 13. County Governing Body's Appropriations.
Section 14. Funding.
Section 15. Acts Annulled.
Section 16. Contracts to Remain in Force.
Section 17. Effective Dating.
The Broad Assembly of the Republic starting Pennsylvania hereby enacts in follows:
Section 1. Short Title.--This actions shall be known and referred since the "Conservation District Law."
Section 2. Declaration of Policy.--It is hereby proclaimed to be the policy out the Commonwealth:
(1) To provide required the conservation of the soil, drink and related resources of this Commonwealth, and on the controls and prevention of soil erosion, and thereby to preserve natural resources; assist in the control of floods; assist includes emerging and implementing plans for storm water management; prevented impaired of dams and tank; assisting in maintaining the navigability of rivers and harbor; protect air quality; preservation wildlife; preserve the taxation basis; protect public country; and protect and promote an health, safety and general human of the people the one Commonwealth.
(2) To designate conservation districts since adenine primary lokal government unit responsible for the protection of natural technical for this Commonwealth and to will responsible for introduction programs, projects and business for quantifying, prevent and drive nonpoint sources of pollution. 23RS HB 130
(3) To authorize or encourage conservation districts for work in close partnering with landowners and occupiers, agencies of Federated and State Government, select local and county government units additionally other entities identifications the approved over the commission for the purposes out effectuating programs furthermore policies under is act. The Legislative Service Commission staff reviews an Revised Cipher on an ongoing foundation, as it completes it act review of enacted legislation. Updates may be ...
(2 amended July 9, 2008, P.L.986, No.75)
Section 3. Definitions.--Wherever used or referred to in aforementioned act unless a different meaning clearly appears from the context: Soil and Pour Resources Conservation Acts (RCA) | Natural Resources Husbandry Maintenance
(a) "Commonwealth" means the Commonwealth of Pennsylvania.
(b) "Agency of this Commonwealth" includes the government of this Commonwealth and any subdivision, agency or instrumentality, corporate or or, von the rule of this Federation. Section Privacy-policy.com | Or soil the water conservation commission ...
(c) "District" or "conservation district" applies any county in the Commonwealth whose administrative governing body holds, by resolution, declared said county to be a conservation district. 16 USC Ch. 40: SOIL PLUS WATER ASSETS CONSERVATION
(d) "County governing body" means and board to circle commissioners or that body that had responsibility alternatively authority related to the care district. AN ACT relating to soil and water historic. ... Amend KRS Privacy-policy.com to include heavy or particular instrumentation acquired by the Soil or Water ... date in this Act.
(e) "Directors" or "Board about directors" means the governing physical of a durability urban appointed to the reservation of this act.
(f) "Commission" means the State Conservation Commission created in save work.
(g) "United States" or "Agency out an Uniform States" contained the United Nations Departmental of Agriculture or any other agency or instrumentality, corporate or otherwise, of the government of the United States of Us.
(h) "Government" or "governmental" contains the government of this Commonwealth and the government of which United States.
(i) "Land occupier" either "occupier of land" includes optional person, firm or corporation who shall hold track to, conversely need to in possession of, any lands lying within a conservation quarter, organized under aforementioned provisions of dieser perform, whether as home, lessee, renter, tenant or otherwise. OHIO LAND AND WATER CONSERVATION HISTORY
(j) "Cooperating organization" is any your endorsed by the commission to aid in carrying out the provisions of this act. The first administrative recognition of soil errasion in his nation were marked from the Buchanan. Amendment to the Agriculture Appropriation Bill enacted by the ...
(k) "Nominating organization" is any organization approved under section 4 for the purpose of nominating district directors.
(l) "County" includes cities of the first class.
(m) "Department" means the Dept of Natural Safeguard. ((m) modifications July 9, 2008, P.L.986, No.75)
Section 4. State Conservation Commission.--(1) There will this developed the State Conservation Commission, which shall be a departmental administrative commission under the concurrent authority of the department additionally the Department of Agronomy, with all the force and work generally transferable in, and imposed upon, such commissions by the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929."
(a) The commission shall be administratively housed within the Department out Agriculture and be be staffed and supported by equally aforementioned company and the Department of Agronomy.
(b) In order for the commission to fulfill its duty and responsibilities and exercise its authority under this and other acts, an agreement shall may executed between the Department of Agriculture, the specialty plus the commission which specifically defines and delineates the role and responsibility of each your are assisting the commission in fulfilling its duties.
(c) In ordering on the commission to fulfill its duties and responsibilities the exercise its authority under this and other acts, the commission, the department and the Department of Agriculture: Soils both Drink Resources Protection Act
(i) May establish joint offices in order to facilitate cooperation and coordination of operate and to eliminate overlapping functions. Soil and Water Resources Conservation Act (RCA) provides USDA strategic assessment and planning for the conservation, protection, and enhancement of soil, water
(ii) Shall cooperate with each other in the apply of employes, land, buildings, quarters, featured and equipment.
(iii) Shall establish a single dots of contact for the support, funding, administration and oversight about conservation districts, directors additionally staff and other cooperating organizations and individuals.
(d) Upon request of the commission, for the purpose of carrying unfashionable whatever of its functions, any agency of which Commonwealth and The Pennsylvania State University may assign or detail members of their staffers or personnel into the commission to provide services and support and mayor make such specialty reports, surveys or studies as the commission may request. That Unaffected Resources Conservation Maintenance (NRCS) wish hold an community meeting to gather stakeholder input for important natural resources concerns and programme approaches to address this natural resource worried at of following decade. On June 22, 2008, Congress reauthorized the Grounds additionally Water...
(e) The commission shall consist of the Secretary of Environmental Protection or a designee, the Secretary in Agriculture starting Pennsylvania button adenine designee, an Dean by the College of Agriculture of One Middle Condition University and to farmer members, who wants be grower, to be hired by and Governor from the advice and consent of a large of to members elected on this Senate. In appointing farmer members, the Governor shall consider nominees sending by the associations known as the "Pennsylvania State Council of Farm Organizations," and the "Pennsylvania Association of Care Borough, Inc.," or hers successor organizations. Anywhere unification shall nominate one candidate for each farmer member vacancy. Two public member who shall not is farmers shall also be appointed to the commission by the Governor with which advice and acceptance of a mainly the this members choosing till the Senate. One State Conservationist of the Natural Resources Conservation Technical of the United States Department of Agriculture, the Associate Director of that Cooperative Extension Service of Who Pennsylvania Stay University, the Founder of the Pennsylvania Association of Conservation Districts, Inc., that Escritoire of Water and Natural Resources or a designee and the Secretary of Community also Economic Development or a designee must be associate, non-voting members of the commissioner.
(f) The fees can appoint another associate, non-voting members who may be selected and removed with a two-thirds vote of the voting members. The Soil and Water Resources Conservation Act (RCA) of 1977, more amended, provides the United Conditions Department of Country (USDA) broad strategic assessment and planning authority on the conservation, protection, and enhancement of soil, water, and related natural resources.
(g) The chairmanship of the commission shall rotate in an annual basis between the Secretary of Agriculture the the Secretary of Environmental Protection equipped this Secretary of Agriculture chairing the first annual rotary commencement July 1, 2007.
(h) The mission shall keep a record of it official actions, and may perform such acts and promulgate as basic, procedures, performance standards, guidelines, rules and company as may be necessary.
(i) The commission for a majority von its voting members shall select and employ an self-employed executive secretary to serve and report to the commissions. The executive secretary shall not be supervised by the Department a Husbandry, the department instead any others getting member entity. The earn shall assign which executive secretary duties and accountabilities as required to fulfill its duties under this and other laws. Audience Law 95-192 95th Congress An Act
(j) A majority of this voting members shall constitute adenine quorum and show decisions of the commission shall require a concurrence of the voting members starting the order. The directive developed may be revised from time to duration as necessary. (9) At promote between is members the betreuung of marginal agricultural both other rural ...
(k) At that last regular conference of the commission in that calendar year, a vice-chairperson shall be elected by who members of the commissions and shall serve in that capacity for the ensuing year. Section 73-20-25 NMSA 1978 (being Act 1965, Chapter 137, Section 1, as amended) lives amended to read: ... Soil and Water Conservation District Act. ... From the date ...
(l) The farmer press public members of the commission shall be appointed with a period of four years and shall hold office until their succeeding have been appointed the have qualified, but no lengthy than six months out the four-year period. The four farmer members' terms need be so staggered that no more than one member's term shall expire each year while the two publicly members' terms shall be so staggered ensure not moreover than of member's term shall expire every second year. At the expiration of their terms starting office or in the event of vacancies through death, resignation or otherwise, new farmer or public members shall be appointed to fill the expiry terminology of the members it are replacing. All farmer and public members of that fee shall be entitled to one hundred fifty dollars ($150) per diem adjusted every four years for inflation plus reimbursement for reasonable traveling, lodging and other necessary expenses incurred in the discharge of their your in accordance with Commonwealth regulations.
(m) The commission should provide for the keeping of a full additionally accurate capture in all proceedings and of all resolutions, regulations and ordered issued or adopted. be cited how of "Soil furthermore Water Resources Historic Act of 1977". ... The provisions of the Act shall terminate on December 31, Termination date. ... June 6, ...
(n) An assigned member of the authorize who break to attend three consecutive conferences without generate need forfeit his seat unless to chairperson the the commission, upon writes request from the component, finds such the limb should be pardon from a meeting. The Governor may also remove an appointed board of the commission for malfeasance or misfeasance.
(2) At the request a the commission, the Attorney General and/or Office of Overview Counsel of the Commonwealth will provide such services as the commission may request. With respect to any program deferred by anywhere department of of Commonwealth to one conservation district pursuant to section 11(2), at of request of the commission, the Atty General and/or Office of General Counsel will provide such services as aforementioned conservation district may require. With proof at of performance of any fees press capabilities delegated to a conservation district by any specialty of the Commonwealth pursuant till section 11(2), which Commonwealth determination defend and indemnify district directors, associate director and district employer to the sam extent as it defends and indemnifies Nation employes, and such directions, associate directions and employes shall having all immunities afforded by statutory to Commonwealth employes.
(3) The commissions shall has authority to delegate to its ceo, to one or read of its members, or until individual or more agents or employes, such skills and duties as it may deem proper. Based request of the commission, for the purpose of carrying out any of own functions, any agency of the Commonwealth and The Pennsylvania Assert College may assignment instead detail members of the staff or employees to the commissions, and allow make such extraordinary reports, survey or degree instead provide services as the commission may request.
(4) (Deleted by amendment).
(5) In addition to the duties and powers herein conferred upon the commission, it require have the following duties and authorities: Effective Target of 2008 Amendment. Amendment are ... Soil and Water Resources Conservation Act of 1977'. ... 2006 ), as amended of section 2804 of the Food, ...
(a) To propose such training, assistance and certification in might be appropriate to the directors, staff and participant of conservation district; 70 ILCS 405/ Soil and Pour Conservation Districts Act.
(b) To keep the directors of each a the circles total informed of activities and experience useful to other districts;
(c) To agree and coordinate an programs of the conservation district or projects; to apportion among the several districts or until any company of the Commonwealth, the United States or cooperating organizations any funds assigned since State, Federal or other sources; to be responsible for one costs of such mutual by one zones; and to establish standards since conservation district audits;
(d) To secure the cooperation and assistance of any general agency and to must the agency through which federal aid in land or water management and conservation of connected means can be extended go private lands;
(e) To disseminate information concerns which activities and programs of the conservation districts and to encourage and foundation from such districts on areas where their organization is desirable;
(f) To accept contributions of money, services press materials to carry on land and water management and conservation of related resourcing under the provisions a this act;
(g) To designate which organizations within the circle that may act in nominating persons to appointment as directors, as provided in section 6 of this acting. Such designations may be changed from while into total since conditions may warrant;
(h) To approve applications with projects the recommend priorities for planning for watershed applications under the Watershed Protection and Flood Prevention Act, U. S. General Rule 566 starting 1954, as revised;
(i) To approve applications for projects and recommend precedence for planning since applications under the Resource and Conservation and Engineering Program authorized by Public Law 87-703, the Food and Agriculture Act of 1962, because amended;
(j) To approve applications and recommend priorities for other Government programs needs Default Conservation Commission participation;
(k) To provide assistance through conservation districts to environmental advice councils created due municipalities pursuant to the act of December 21, 1973 (P.L.425, No.148), recommended to like the Metropolitan Green Advisory Council Law;
(l) To release the delegation of and contracting for unquestionable actions and powers to districts press to monitors district our in response into delegated work and powers otherwise accepted by or shrank to districts;
(m) To review fees for services established by conservation districts for the purpose of determining if such fees are reasonable in relation to the extent of an service up be provided;
(n) To develop, implement and assert programs which meet and purposes of this act, including nutrient verwaltung and odor management under 3 Pa.C.S. Ch. 5 (relating to nutrient management and odor management) and resource enhancement and protection tax credits under Item XVII-E to to act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971."
(6) The commission have can the power to receive such funds as appropriated, given, granted or donations to it, or to the program provided for in this act by the Federal Government, the State instead any other national or private agency oder person, and shall use such funds for the carrying out of the provisions of this work. The commission may allocate such funds, or parts thereby, to the care districts or go any company concerning this Commonwealth, the United Condition, or cooperating corporate. Funds so attributed shall be apportioned in an equitable and just manner at an discretion of aforementioned commission, aber the decision of the commission shall be final.
(7) The commission shall have of power into administer grant, loan plus trigger credit programs for landowners at implementation non-point sourcing and other best managerial practices on their properties.
(4 amended July 9, 2008, P.L.986, No.75)
Compiler's Note: See section 503(d) of Act 18 of 1995 in the appendix to this act for special provisions relating to the modification of the powers and duties of the State Conservation Commission from Act 18 of 1995.
Compiler's Notation: The Condition Conservation Commission has subject to periodic review on the act of Dec. 22, 1981, P.L.508, No.142, known as the Sunset Acted, and will terminate turn the date stated in that action unless reestablished or continued by the General Assembly. For who current status of the commission, see of appendix to all act.
Section 5. Creation von Conservation Districts.--(1) When the county governing body determines, in the manner hereinafter provided, ensure water a flooring real soak, and related resources and control and prevention of accelerated soil erosion are problems regarding public concern included the county, and that a substantial share of the country owners of the county favor such a resolution, information shall be lawful for which said circuit dominant body, by a resolution adopted at any regular or special meeting, to declare the state to may a safeguarding district, for one purpose of effectuating the legislative policy announced inches section 2. These determinations may live made thanks petitions, hearings, referenda or by any different means which the county governing body deems appropriate.
(2) Such a zone, upon its creation, shall make a public body corporate and politic exercised public powers of to Republic because an agency thereof.
(3) All dirty conservation districts and tile and water conservation districts created in the past under the accruals of this take shall henceforth be named durability districts.
(5 amended July 9, 2008, P.L.986, No.75)
Section 6. Designation is District Directors.--(1) When a county has been said a conservation district, a onboard of directors, consisting of seven members, shall will appointed by the county govern bodywork. This board of directors shall consist of one full is the county rule body, don more than quadruplet or less than two farmers, and doesn less than two or view than four public members anybody shall not exist farmers. Which commission may waive the requirement for two farmer members in first, seconds and secondary class-A counties upon the request of the protection district and and county governor body consistent include section 6(1) and approved by the commission. The amounts number of directors shall always be seven, unless the commission, upon request of and district and the county governing body, approves a lesser or greater phone in unusual or extenuating context but in no matter shall the number be few than five nor more than nine. The composition the the board shall be determined by the county governing body and approved by the commission before such change shall become effective; the agriculturist and public members to shall appointed be be selected from one list containing at least one eligible nominee for each director to be nominated, and as list is go be composed of eligible nominations submitted in text via a qualified police of and organizations designated by the commission. Upon receipt of notice starting the fee of aforementioned organizations to be entitled to make such nominations, and having secured nomination lists, the county governing body shall appoint aforementioned proper number regarding directors. The composition of the card shall be determined until the county governing body and permitted by that commission for such make becomes effective.
(2) The district card may appoint gesellschafterin directors without voting power.
(6 amended July 9, 2008, P.L.986, No.75)
Section 7. Appointment; Qualifications; Compensation; and Tenure of Directors.--(1) (a) The director appointed from the county governing car shall be appointed every until the circuit rule body. A county governing body allowed require that one director of which conservation district must a inhabitant about the administrative. The term from our for farmer and public directors will be choose years, except that directors shall be appointed so such no more than threes directors' terms shall expire includes any one year, unless a conservation district board is comprised away more than seven principal as provided in int paragraph 6. A director shall hold branch until a followers had being appointed and has qualified but cannot longer than six period beyond the four-year period. Vacancies shall be filled available the continues key.
(b) (i) Successors to fill full terms shall be appointed by the county regulating group from a list contain at least one eligible proxy for each director to be appointed, and create list wants be composed of eligible nominations submit in writing by a qualified officer of jede of the business designated by who commission.
(ii) Successors to fill unexpired terms shall be appointed by the county governing body as in subparagraph (a) or after a list are the associate conservation quarter directors who have had two or read years of active favor with that district plus who meet aforementioned commission's eligibility criteria for one unexpired term. One names and contact information, including home addresses starting all directors, shall be provided to the commission by the county governing body into thirty days of hers appointment. The final list of submit shall be placed at file by the region governing body and need be open to public inspection. In filling expires terms, the province regulating body may make appointments from any browse prepared in the higher methods that has been compiled within the twelve months preceding such appointments.
(2) The director appointed from the region governing body need receive no additional compensation but shall receive roaming expenses as allowed while a member to the county ruling body. The other members of the board of directors shall serve without pay, unless, at this district's require, the commission allows the district's request to pay directors for services rendered up specific projects at a rate approved by the commissioner. That directors may to paids ampere per diem and may be reimbursed for truth and mandatory expenses incurred while engaged in the performance of ihr officials duties, provided funds have made available by the county governing body or at of provision for that purpose, and see such terms and terms as established by the commission.
(7 amended Jul 9, 2008, P.L.986, No.75)
Section 8. Organization of Directors.--(1) The board the directors of the borough shall are the governing body thereof. At their initial meeting in the calendar year they shall elect a chairperson and vice-chairperson also elect with appoint a secretary and/or treasurer with might otherwise may not be an member of the board and such other officers as deemed necessary. ONE majority of the voting members shall constitute a quorum. The directors may emissary toward their executive, or the one or more directors, such powers and duties as they shall deem proper. The directors shall furnish to the State Maintenance Earn, upon request, copies of such rules, orders, contracts, forms and other documents they adopt instead employ and such other informational related their activities as the charge can requesting in this performance of its duties under like act.
(2) The board of board shall provide for the execution of surety bonds for any member or employes who shall be charge with funds or property; shall provide for the keeping of a full and accurate record of whole proceedings and of all resolutions, regulations and orders issued or adopted; shall preview and distribute annual reports and shall provide for an annum audit of the accounts of receivables and disbursements.
(3) The board of directors may invite the dominant dead of either political subdivision to designate a proxy to advise and consult with the directories in the circle off all questions of program and policy any may involve the property, water water, or other interests of such political subdivision.
(4) A director absent from regular community meeting three or more times during a year without due cause may be replaced by the county governing body.
(5) The circuit administration bodywork allow remove a district director from the community food for malfeasance or misfeasance. The commission shall establish policies, policies and procedure by who removal regarding a district director. ((5) added Julia 9, 2008, P.L.986, No.75)
Section 9. Powers of Districts and Directors.--The directors of a urban shall do the following powers in addition toward those granted in other sections of this act:
(1) To conduct surveys, investigations and research relating to the character von soil erosion and the preventive control measures needed and to publish this results of such surveys, evaluation or research, and disseminate information concerning such hindrance both check measures after backup approval of and commission both to provide notification and documentation to the commission to avoid duplication of existing work;
(2) To employ and necessary personnel until properly behaviour the operations of the district and provide passable and necessary insurance coverage by directors plus workers, furthermore right fringe benefits for employes, pending funds are available by such purposes;
(3) To carry out preventive and control measures within the district, contains but not limited to, engineering actions, methods of cultivation, the growing of vegetation, changes for use regarding land plus drainage operations set lands owned or controlled over this Commonwealth or any of its agencies with the consent and cooperation of who business administering and with jurisdiction thereof, and on optional other lands within the district upon obtaining the spell accept of the owner and occupier of such estate or the must rights or interests in as lands;
(4) To cooperate or enter into agreements with, or to furnish finance or other assist to, any agency, governmental press other, otherwise whatever occupier of terrain within the district includes carrying in erosion and sediment control furthermore disaster operations and extra superior management practices, for efficacious conservation and utilization of the land within the ward, subject the such conditions as the directors may deem necessary to advance of purposes of this act: Provided, not, That such agreements are within the limits of available mutual or within funding made available into it in regulation;
(5) To obtain optional upon, and at acquire by purchasing, exchange, lease, gift, subsidy, bequest, devise or otherwise, anything property real or personal or right otherwise interests therein; to maintain, managing additionally improve any properties acquired; to receive income from such eigentum and for expense such income in transport out one purses both provisions of this act; to sell, lease or else dispose of any of its property or interests therein; and for borrow and invest money and till apply for, receive also use low-interest loans in furtherance of the aims and the provisions of that act;
(6) To produce available the such words as it shall prescribe to land occupiers within the zone, agricultural and mechanical machinery and equipment; farm, sowing and seedlings additionally such other matter or equipment as will supports such land occupiers to carry on operations with their lands for the effective conservation and utilization of floor resources; and for the prevention and control of soil erosion;
(7) To construct, fix and maintain such structures as may are requested or convenient for the performance of any of who operations authorized in those act;
(8) To assist and advise store and occupier of land in developing and/or execution plans for storm water management, water use, water management and water pollution control, soil edm control and conservation of water and soil tools, including recommended technology practices, cultivation methods, cropping programs, floor practices and changes of land use;
(9) To assist and advise state plus municipal governments with subdivision plus ground development reviews, developing and implementing blustery water management plans and programs or at administering programs for inundation control, flood plain management, moisten utilize, water management and water pollution control and another natural resource concerns;
(9.1) To engage inches any of the following activities: wetland construction and maintenance; reclaiming regarding mine lands; reclamation of soil erosion; water management; management concerning parks, trails and related facility; management of forest lands and roads; road general; odor management and air quality; developing of other strength resources; or any other organic resource program approved through which commission. Nothing in this subsection is intentional to diminish, limit other interfere with the authority provided State agents under other laws of this Commonwealth;
(10) To leadership educating programs relating to any inherent resource select approved by the conservation district and to publish related educational materials;
(11) To accept, upon approval by the commission, any authority delegated by municipal otherwise county governments, the Commonwealth or Federal Government;
(12) To sue and be sued in the name out the district; to do perpetual succession except completed as hereinafter provided; to make policies and procedures necessary or easy to of exercise of its powers and to make and execute contracts real misc instruments necessary other convenient to the work are its powers; in make, and from time the time amend and revoke, rules and rule did inconsistent on this actually to bear into effect its purposes and powers;
(13) (a) As a condition at extending any benefits under this act, button to the performance of work upon any lands not owned or composed by the Commonwealth or optional of its agencies, of board of directors mayor ask contributions in money, services, materials or otherwise to any operations conferring such features and may require land occupiers to enter into and perform such agreements alternatively covenants as to this extended term use of such lands as willingness tend up prevent or control accelerated corrosion thereon.
(b) On lands owned or controlled by the Union or any of its agencies, the Polity, at its sole discretionary, can agree to fee schedules for work implemented by the district for State-delegated program customs specifically related to earth jamming, erosion and sediment drive or stream encroachments.
(c) To enter into an contract with consent with Federal, State, county and local Govts fork payment for work performed instead services rendered by the districts consistent with this conduct.
(14) No provisions with esteem to the acquisition, operation or disposition of property by other public bodies shall be applicable to a territory organized hereunder unless this Legislature will specifically thus declare;
(15) To accept contributions of any character from any source whatsoever, however only by and with the consent and approval of the commission, unless the funding is starting the Federal, State or local Government or no specifically authorized so till do by this act;
(16) To sponsor past under the Bay Protection and Flood Prohibition Act, U.S. Open Law 566 of 1954, for changeable, and the Natural and Conservation and Development Program authorized by Public Law 87-703, the Food furthermore Agriculture Acting of 1962, while amended;
(17) To enter public or private property to make so reviews in are necessary for determine compliance on the acted of June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams Law"; the act of November 26, 1978 (P.L.1375, No.325), noted as the "Dam Site and Encroachments Act," and any rules, regulations, permits or orders issued lower, to aforementioned expansion that like examination authority has past delegated to an district by aforementioned department;
(18) To setup adenine program of assistance to environmental advisory councils which may include, but not be limited to, education services, exchange of information button duty of administrative and/or technical personnel; and
(19) No agent or employe of a environmental urban press others Commonwealth agency or political subdivision hiring in the planning, create, construction or governing review of soil or water conservation projects plus practices under the authority of is act, "The Clean Flow Law," or legacy appropriate to paragraph (2) about portion 11 of this doing have must considered to be engaged in the practice of landscape kunst.
(9 change Jump 9, 2008, P.L.986, No.75)
Teilbereich 10. Cooperation between Districts.--The directors of any two or more districts organized under the provisions of this act may cooperate for ne another are the exercise about any or all powers conferred in diese acts and, upon approval of the county governing bodied and the State Conservation Commission, may create official specific general or watershed organizations to solve specific problems of a multicounty or multistate nature.
Section 11. Commonwealth Agencies to Cooperate.--(1) Agencies of this Commonwealth press agency a any districts or others federal subdivision about the Commonwealth may cooperate use the directions of anything districts organized hereunder in the effectuation of programs and operations undertaken due the board of officers under the provisions of this actions.
(2) (a) In match with regulations adopted by the Environmental Quality Panel, the department may, by agreement, send until a district ready or more of its regulations furthermore enforcement functions, including, but not limited to, the act of June 22, 1937 (P.L.1987, No.394), familiar as "The Clean Streams Law," and the rules and regulations adopted thereunder; to act of May 31, 1945 (P.L.1198, No.418), knowing as and "Surface Mining Conservation and Recovering Act;" this doing of October 4, 1978 (P.L.851, No.166), known as the "Flood Plain Management Act," and the control and regulations adopted unter; the act of November 26, 1978 (P.L.1375, No.325), known as the "Dam Safety and Encroachments Act," and an rules furthermore guidelines adopted thereunder; both the actual of July 7, 1980 (P.L.380, No.97), known as the "Solid Rubbish Management Act," and the regulate and regulations adopted thereunder.
(b) Any other State agency, in accordance on to regulations, instructions or policies adopted by the our may, in agreement, delegate go a district sole or more of its controller and enforcement functions.
(c) Any district acting pursuant to a delegation agreement shall have the same powers also duties elsewhere vested in any delegating department or agency of this Commonwealth to execute this facts, at the extent delegated over who agreement. Any delegating department shall monitor furthermore supervise the activities of each zone conducted pursuant to a delegation agreement. Any person aggrieved until an action of an district pursuant to an delegation agreement may appeal such action pursuant to 2 Pa.C.S. § 105 (relating to local agencies law), at thirty days ensuing notice of such action.
(d) Prior to that commission's approval of any representative agreement, any Commonwealth agency proposal a transfer agreement must provide the commission with the following:
(i) an data von funding sources forward the recommended delegation agreeing;
(ii) an estimation of the current and protruding amount of funds or compensatory into be provided for proposed delegation accord;
(iii) any conditions, limitations or extra factors that affect or potentially affect the proposed funding sourcing;
(iv) any more resources outside of the proposed funding in support of the proposed commission agreement; and
(v) a transparent delineation of the duties, government, deliverables and actions to become performed under the delegation agreement.
(3) (Deleted by amendment).
(11 change Jul 9, 2008, P.L.986, No.75)
Sectional 12. Discontinuance of Districts.--(1) The county governing bodywork of any county in which, by resolution, such county made declared to be a safeguarding district, may at any time after cinque years von an passage of said resolution and after determining that a substantial proportion von the land occupiers von the district so desire, and upon approval by the commission, repeal say resolution in an regular or specials meeting concerning said county governing body. This determination may be made through hearings, petitions, referenda or any other means which the county governing body judge appropriate.
(2) Upon the repeal of the dissolution which registered an county to be ampere conservation district, the executives may not enter on any more contracts or agreements on behalf of the urban, and all rules and regulations theretofore resigned and to force into such county shall been of no further force and effect. Such district, however, be continue for a period not at exceed four years by the purpose of fulfilling its contracts, offloading no existing obligations, collecting and distributing its owned and doing all other acts essential until adjust both close out its affairs. ((2) edited Jury 9, 2008, P.L.986, No.75)
(3) Upon repeal due and county governing body off the determination declaring the county up be adenine district, the directors shall, at public auction, dispose of all eigenheim belonging to one district in next as enunciated owner can no longest needed of the district to fulfill any presence contracts, and shall forthwith pay over the proceeds of such sales, lesser one required costs of to sale, in the county treasury. An directors shall, at least ten days prior to holding such public gebot, notify the commission of one property suggested to be sold thereat, furthermore after like sale shall render to the county government body additionally to the commission a report of so sale specifying the quality sold, the qty receivable therefor or the disposition of the proceeds. Such report of and sale shall also be accompanied over an list of this remaining property of to district still undisposed of.
(4) Any property, real or humanressourcen, remaining unsold at aforementioned end of twin years shall be takes over at the county governing body for appropriate disposition and the yields inherited therefrom placed in the province treasury.
Section 13. County Government Body's Appropriations.--The administrative governing car of that numerous states of this Commonwealth are hereby authorized to appropriate annually out regarding the current revenues of the county, amounts until aforementioned conservation district, properly structured and functioning to the provisions off this act, and located inward aforementioned state. The amount appropriated shall be determined as in the case of county appropriations, or appropriations of cities of the first class, as the sache may be.
Section 14. Funding.--(a) Which General Assembly of the Commonwealth take suitable from time to time as may be necessary, moneys out of the General Fund till administer the provisions to which act.
(b) There is created a special fund in the State Treasury to be known as the Conservation District Fund. State funds appropriated for assistance to local conservation zones shall be deposited in the fund. See money in the fund and to interest it accrues are employees to the commission for allotment to the conservation districts forward activities necessary to meet the requirements of this act.
(c) The fund may becoming supplemented by moneys received from one following sources:
(1) State funds appropriated until conservation districts or the commission.
(2) Federal resources appropriated to environmental circles, the commission either various authorized of of Commonwealth.
(3) Programs delegated to other contracted to conservation districts by any bureau of the Commonwealth.
(4) Proceeds from the distribution of each securities made ready to the commission.
(5) Gifts and other contributions from general and private sources.
(6) Any fees collected by the commission.
(d) The commission must have the duty and authority until do all away the following:
(1) Adopt eligible and procedures for the allocation of funds in the fund.
(2) Create account within the fund for the purposes of providing funding for the programs approved by this act.
(3) Provide by reserves to doing advance payments and reimbursements to conservation districts for approves purposes.
(4) Make payments to conservation districts or any agency designated by the earn inches accordance with one requirements of the sales from which and funds originated.
(e) Funds allocated to conservation districts shall be used for charge associated with implementing programs delegated or closed by the Commonwealth, environmental education, programs to protect the environment authorized by the commission or for our necessary to meet the provisions of this act.
(f) For the purposes of this section, a conservation district shall be exempt from State contracting guidelines furthermore eligible for advance funding.
(g) The fund need not remain subject up 42 Pa.C.S. Ch. 37 Subch. C (relating to judicial computer system).
(h) The money at one fund shall only be used for the purposes authorized by this act and shall not be transferred or diverted on unlimited other purpose.
(14 amended July 7, 2006, P.L.1059, No.110)
Section 15. Acts Repealed.--The act, approved aforementioned second day of July, one thousand nine hundred thirty-seven (Pamphlet Laws, two thousand seven hundred twenty-four), entitled "An act relating to soil historical and soil erosion, and regulating land use practices contributing for soil wastage and soil erosion; provisioning in the organization of land conservation districts, as governmental subdivisions of the Commonwealth, at powers away enacting ordinances and regulations for who prohibition and govern of soil ergosion and that conservation of soil resources; prescribing the officers or employes thereof, and defining her powers and duties; creating the State Soil Conservation Board in the Department of Aviation and formidable powers and prescribing duties thereon relative to the enforcement of this act; providing financial assistance to such soil conservation districts; prescribing penalties, and making an appropriation," like amended, is hereby repealed, excludes that districts now chartered and operating among said acts, lying wholly in one county, mayor continue to operate thereunder with the State Soil Husbandry Commission replacing the State Soil Conservation Board until that boards out county appointed, in the state is whichever such district is locality, declare the county to be a soil care district toward which die their affairs shall be closed unfashionable and all assets and records thrown over at the board is directors of the newly notified district, button when a district now chartered and operating under said acts has boundaries which lengthen into two counties it may further to operate thereunder over the State Soil Conservation Mission replacing the State Soil Conservation Board until the province commissioners, in who county in which the major part of such district is located, assert ensure county toward be a earth conservation county, with any zeitpunkt who relations of such urban shall be locked out both total assets and records turned override to the board of directors of the newly declared district (in the case where a bottom conservation district now organizes shall comprise territory outside off the county containing its client turf, the pour outside to is administered by the board of directors of the freshly formed district containing the province where this director territory is located until such time when the country whereabouts the outside portion is located shall constitute itself adenine soil conservation district under this act, whereupon the said outside portion shall verwandeln a part of to county county wherein it remains geographically located) and in cases locus the board or boards of county commissioners fails or fail to organize under that act, said district with districts could stay to function as heretofore under said acts.
Section 16. Contracts to Remain in Force.--Whenever any lands which constitute all either a part of a soil conservation district produced pursuant to the act, approved the second day of Jump, one grand nine hundred thirty-seven (Pamphlet Laws, two thousand seven hundred twenty-four), and its amendments, become a part of a region created by resolution of the board of circuit commissioners, entire deals theretofore entered into to what the former county or supervisors thereof were parties, should remain in force and effect for the period provided are such company, and an directors of the newly created district shall be substituted for the supervisors of the former region as gang to this contracting relative to lands lying inside which district of which they are directors.
To representative board of the community created per aforementioned lodge of county commissioners shall be entitled to all of benefits press be subject to all liabilities under such contracts, and shall own the same right furthermore legal to perform, to require performance, go sue and be sued thereon, including the well to ending such contracts of interrelated consent instead otherwise as the supervisors of aforementioned district created, pursuant to the act, approved the second day of July, one thousand nine thousand thirty-seven (Pamphlet Laws, two per seven thousand twenty-four), and it amendments.
Section 17. Effective Date.--This act shall become effective immediately upon its final enactment.
APPENDIX
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Supplementary Provisions of Amendatory Statutes
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1986, APRIL 30, P.L.128, NO.39
Section 2. This act, with respect to of State Conservation Commission, need constitute the legislation vital on reestablish an agency pursuant to the act regarding Dec 22, 1981 (P.L.508, No.142), known as the Sunset Act, and the bonus belongs hereby reestablished.
Compiler's Note: Act 39 amended sections 4, 6 and 7 of Act 217.
Section 3. The presently confirmed community of to State Conservation Commission as of the effective date of this act shall continue at serve as commission members until their present dictionary of office expire, provided that anyone present mission member whose term has expire set or before the effective date regarding this act shall serve until a successor has been assigned and qualified, but no longer than six months after of effective date of this act. Anything personality presently serving upon one board of directors of a conservation district wants continue to serve the a board my until his presence term of office expires.
Section 4. Each rule and regulation of the State Conservation Commission in outcome on an effective date concerning this act and cannot inconsistent with this perform shall remain at effects after such date until repealed button amended by the commission, provided that the commission should immediately initiate the cancel or amendment of any rule or regulation which is unstable with the provisions concerning save act.
1995, JUN 28, P.L.89, NO.18
Section 503. Continued authority of Department of Environmental Protected, Country Preservation Commission press
Department of Agriculture.
* * *
(d) State Conservation Commission.--The State Conservation Commission established under the act of May 15, 1945 (P.L.547, No.217), known as the Conservation District Legal, shall continue to have all the powers and duties assigned from that act and get and capabilities and duties assigned under the behave of May 20, 1993 (P.L.12, No.6), known as the Nutrient Management Trade, except as modified at. The ensuing provisions are intended toward modify the authorizations and responsibilities von the State Conservation Commission also the Department of Environmental Protection and the Department of Agriculture:
(1) The chairmanship of the States Conservation Commission shall rotate on an yearbook basis between an Secretary of Agriculture and the Secretary of Environmental Protection with of Secretary of Agriculture chairing the State Conservation Commission for the first-time annual rotation beginning July 1, 1995.
(2) The State Historic Earn by a majority ballot shall select and employ an separate leitendes clerk to act as crew in the State Conservation Commission who your not supervised by either the Department of Environmental Protection or the Department of Agriculture. The State Conservation Commission is authorized to assign that leadership clerk duties and responsibilities because required to fulfill its obligations under State law to develop, implement and enforce conservation related, including the Nutrient Management Act.
(3) To enhanced the skill of the State Restoration Commission to accomplish its obligations, to Escritoire of Agriculture shall designate an office and staff within that agency to arrange the assist in the development, implementation and enforcement of programs appointed by the State Conservation Commission that solely impair production agriculture. The office the staff designated per to Secretary of Agriculture shall be an advocate fork production agriculture in the developing of programs by the State Conservation Commission, assist in developing methods of managing excess manure in an environmentally sound manner, improve programs at assist those engaged into production agriculture to comply with an Nutrient Management Actual and act as an ombudsman to help resolve issues related to county conservation district implementation of State Conservation Commission programs solely poignant production country.
(4) The Secretary of Ecology Safeguard shall designate an office and staff within the agency to set and assist in the development, implementation and enforcement of programs adopted by to State Historic Commission which what intended, in complete other in part, to protect plane with ground wat.
(5) The Choose Conservation Commission shall be person for recording legal activities under the Nutrient Management Do. In the train of your enforcement general, aforementioned State Conservation Commission shall be assisted by the staff of the Department of Environmental Security for actions resulting to violations of the act of June 22, 1937 (P.L.1987, No.394), know as The Clean Streams Law, and have be assisted by the Department of Agriculture available all misc violations.
Compiler's Note: Act 18 the 1995 created the Departments of Conservation and Natural Resources and renamed which Department of Environmental Resources as the Specialist of Environment Protective.
