Section 21. Whenever the state commission receives a petition signed by at least one hundred land occupiers, herein defined as owners, lessees or tenants in possession, residing within an area proposed for the establishment of a conservation district, or whenever the state commission receives a petition for a change in the boundaries of an existing district from the governing body of the district or districts affected or from a majority of the land occupiers who would be affected by such change of boundaries, or whenever the state commission receives a petition for the dissolution of a district signed by at least one hundred land occupiers residing within the district, the following procedure shall be complied with:
(1) Upon the receipt of such petition, the state commission shall as soon as possible set a date for a public hearing upon the question of the establishment of the district, the change in the boundaries of an existing district, or the dissolution of the district, as the case may be, and shall cause notice to be given of such hearing at least ten days prior to the date set therefor, by publication in a newspaper having general circulation in the area affected. Such hearing shall be held by the state commission within the affected area. All interested parties shall have the right to attend such hearing and to be heard.
(2) If the state commission determines after such hearing that a majority of the land occupiers who would be affected by the organization of the district, the change in the boundaries of the district, or the dissolution of the district, as the case may be, are in favor of the proposal contained in the petition, and that such proposal is in the best interests of the district or in the public interest, the state commission shall record such determinations; and thereupon the district shall be established, the boundaries of the district changed, or the district dissolved, as may be appropriate.
(3) If a conservation district is dissolved, the supervisors shall forthwith proceed to terminate the affairs of the district and shall dispose of all property belonging to the district as directed by the director. Any sums remaining on hand after payment of district obligations shall be paid into the state treasury and shall be subject for a period of three years to claims against the district or the supervisors acting in their official capacity to the extent that such claims are found valid.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 21 - Department of Environmental Management
Section 1 - Department; Natural Resources Defined; Duties; Divisions
Section 2 - Stewardship Council
Section 2a - Members of the Council
Section 2c - Meetings of Council; Joint Meetings With Advisory Board
Section 2d - Members of Council; Holding Other Positions in Department
Section 2e - Compensation of Council Members; Expenses
Section 2g - Oversight Strategy Plans
Section 3 - Commissioner; Directors
Section 3a - Acting Commissioner; Commissioner's Salary
Section 3b - Experts and Other Employees
Section 3c - Annual Budget; Report
Section 3e - Open Space Land Acquisition; Loans to Cities and Towns
Section 3f - Rehabilitation and Improvement of Olmsted Parks
Section 3g - Olmsted Park Improvement Fund
Section 8 - Division of Water Supply Protection
Section 8b - Definitions Applicable to This Section and Secs. 8c and 8d
Section 8c - Increase in Interbasin Transfers of Surface and Groundwater; Approval; Exemption
Section 8d - Rules and Regulations; Criteria for Approval; Hearings; Procedure
Section 9 - Federal Watershed Protection and Flood Prevention Act; Programs
Section 9a - Acquisition of Lands and Waters
Section 9b - Groundwater Survey Program
Section 11 - Employees; Rules and Regulations
Section 12 - Federal Watershed Protection and Flood Prevention Act; Applications for Assistance
Section 13 - Works of Improvement; Assistance From Commonwealth; Conditions
Section 14 - Works of Improvement; Contracting Authority; Agents; Costs
Section 15 - Works of Improvement; Appropriations; Federal, State or Local Funds
Section 17d - Public Removal of Fuel Wood; Landowner's Liability for Injuries
Section 18 - Division of Conservation Services
Section 19 - State Commission for Conservation of Soil, Water and Related Resources; Establishment
Section 22 - Conservation Districts; Supervisors of Districts
Section 23 - Conservation Districts; Supervisors as Governing Body
Section 24 - Conservation Districts; Supervisors' Powers and Duties
Section 25 - Conservation Districts; Inter-District Cooperation
Section 25a - Conservation Districts; Powers
Section 26 - Division of Water Pollution Control
Section 26a - Definitions Applicable to Secs. 26 to 53
Section 27 - Division of Water Pollution Control; Powers and Duties
Section 27a - Water Pollution Abatement Projects; Certification; Financial Assistance; Eligibility
Section 30 - Powers of District Commission
Section 30a - Grants for Construction of Collection Systems
Section 32 - Presentation of Plan to Division; Contents; Approval
Section 33 - Financial Assistance
Section 33a - Financial Assistance in Towns of More Than 20,000 Inhabitants
Section 33c - Action by Director Pursuant to Sec. 33b; Contract for Engineering Reports Authorized
Section 33d - Director Authorized to Order Governmental Units to Construct Facilities
Section 33e - Water Pollution Abatement Projects; Grants
Section 34 - Supervision of Operation and Maintenance of Treatment Works
Section 34b - Evaluation and Certification Program; Application; Certification; Fees
Section 34c - Certification Requirement; Violation; Penalty
Section 35 - General Obligation Serial Bonds or Notes; Temporary Notes; Indebtedness
Section 37 - Reimbursement for Costs of Water Pollution Abatement Project
Section 37a - Program for Preservation and Restoration of Publicly-Owned Lakes and Great Ponds
Section 37b - Aquatic Nuisance Control Program
Section 37c - State Assistance to Municipalities or Agencies for Aquatic Nuisance Control
Section 37d - Priority of Projects
Section 38a - Clean Waters Scholarship Intern Program
Section 40 - Entry Upon Property; Investigation or Inspection; Examination of Records
Section 41 - Recommendations by Water Resources Commission
Section 43 - Permit Proceedings; Regulations; Requirements of Permit; Application; Forms; Fees
Section 43a - Public Notification of Sewage Discharge
Section 44 - Discharge Violations; Orders to Comply
Section 45 - Proposals to Suspend or Revoke Permit; Cease and Desist Orders; Request for Hearing
Section 46 - Injunctive Relief; Jurisdiction
Section 46a - Judicial Review; Jurisdiction
Section 48 - Annual Estimates and Reports
Section 50 - Terminals; Licenses; Inspections
Section 50a - Oil Terminals; Pollution Prevention; Revocation of License
Section 50b - Definitions Applicable to Secs. 50c to 50e
Section 50c - Vessel; Certificate of Financial Assurance
Section 50d - Maritime Spill Incident; Hazardous Materials; Environmental Police Officers
Section 50e - Waters of the Commonwealth; Areas of Special Interest
Section 51 - Coordination With Federal Government and Local Authorities; Agreements
Section 52a - Waste Oil Retention Facilities; Installation and Maintenance
Section 53 - Short Title; Investigation and Prosecution of Violations
Section 53a - Sewer Charges; Base Rate
Section 54 - Division of Mineral Resources
Section 55 - Cooperation With Other Governmental Units; Agreements; Federal and Private Grants
Section 56 - License and Lease Requirements; Violations; Penalties; Enforcement
Section 59 - Watershed Preservation Restrictions Program
Section 60 - Watershed Lands Preservation Committee
Section 61 - Watershed Preservation Restrictions Program; Annual Report
Section 62 - Watershed Preservation Restrictions; Tax Assessment
Section 63 - Surveys, Soundings, Drillings or Examinations
Section 64 - Annual Report on Dams
Section 66 - Interagency Support for Duties Under Secs. 64 and 65 and Secs. 44 to 48b of Chapter 253