New York Laws
Article 5 - General Powers of Board of Supervisors
223 - Flood Control and Soil Conservation.

§ 223. Flood control and soil conservation. 1. The board of
supervisors shall have power to, and may, appropriate and pay out for
the general improvement of agriculture and the soil such sums as it may
deem proper for the expense of creating and maintaining soil
conservation districts, and assisting districts in carrying out the
provisions of the soil conservation districts law. The board of
supervisors may by resolution, duly passed, direct the county treasurer
to pay out of moneys from such appropriation upon the order of the
chairman of the district directors, upon his giving a proper receipt
therefor. On or before the first day of January in each year and at any
other time when requested by the board of supervisors, the directors
shall report in writing to the board a detailed statement of its work
and transactions for the preceding year ending December thirty-first,
and for any other period which the board may request and in such form as
said board may direct.

2. In addition to the powers granted under the provisions of the soil
conservation districts law and chapter eight hundred sixty-two of the
laws of nineteen hundred thirty-six as amended, and after a public
hearing held pursuant to public notice as hereinafter provided, each
board of supervisors shall have power to appropriate and expend county
funds to protect public and private property within the county from
floods, to conserve the soil from erosion and for any function or
purpose which otherwise may be undertaken or performed by a small
watershed protection district established pursuant to article five-D of
this chapter.

After a public hearing shall have been held as provided herein, a
board of supervisors may appropriate each year for such purpose without
a further public hearing a sum not to exceed the sum specified in the
original notice of public hearing. If a sum in excess of the sum
specified in the original notice of such hearing is proposed to be
expended, a new public hearing shall be held and public notice given as
hereinafter provided.

3. The resolution shall recite: (a) the area of said county in which
the project and work is to be performed, and that it is believed of
sufficient importance and general public benefit to warrant the
expenditure of county money thereon; (b) the name, if any, of any lake,
pond, stream, drain or ditch to be improved; (c) the nature of the
improvement such as construction of dikes, drains, check-dams, pipes,
new or altered channels, reforestation or the planting of shrubs and
plants, or otherwise by the creation of a soil erosion control or
watershed protection project; (d) whether the necessary easements,
permits, or other necessary rights have been obtained, and any
compensation agreed to be paid owners damaged thereby; (e) whether it is
necessary to acquire any easements or rights-of-way, and the estimated
cost thereof; (f) the estimated cost of such improvement, and the amount
to be paid by the owners of the land benefited thereby; (g) whether any
part of the expenditure is to be financed under the provisions of the
local finance law, and the manner of such payment; (h) whether the work
shall be done by county employees and equipment or let to the lowest
responsible bidder; (i) what portions of the improvements are to be
maintained by the county and by the private owners of the land upon
which such improvements are situate, or group of property owners in the
area; (j) reference to a survey, or plans and estimate of such
improvement, which shall be made a part thereof; (k) such other
information as may be deemed necessary.

4. Within ten days after the adoption of said resolution, the clerk of
the board of supervisors shall cause notice of a public hearing thereon
to be published in the official newspapers once a week for two

publications, and at least twenty days shall elapse from the first
publication to the date of the hearing. The notice shall contain an
abstract statement of the proposed project and that the survey, plans
and estimate may be seen at the office of said clerk. A copy of such
notice shall be mailed to each owner from whom any easement or
right-of-way is necessary. The public hearing may be held before the
board or any committee of the membership designated for that purpose.

5. After the public hearing, the board of supervisors may adopt a
final resolution and provide therein for: (a) the necessary
appropriation and determination as to the manner of payment of orders or
audited claims thereon; (b) authorization, upon consent of the county
superintendent of highways, for the use of county highway machinery,
tools and equipment at a rental charge fixed by the state commissioner
of transportation, which rental shall be paid into the county machinery
fund; (c) authorization of contracts with town superintendents of
highways with approval of the respective town boards, for the rental of
town highway machinery, tools and equipment at a rental charge fixed by
the state commissioner of transportation, which rental shall be paid
into the town machinery fund; (d) acceptance of the services and
financial aid of federal and state agencies; (e) authorization to
contract in the manner prescribed in section two hundred twenty-four of
this chapter with any organization formed for the purpose of flood
control and soil conservation; (f) directions on the manner of
performance of the work; (g) authorization for acquiring necessary
rights of way pursuant to the provisions of the eminent domain procedure
law.

6. When a resolution adopted pursuant to subdivision eleven-a of
section sixty-four of the town law shall have become effective, and
further improvements to that already planned by such town are determined
to be of sufficient importance and benefit to the public to warrant the
expenditure of county funds thereon, the board of supervisors, after a
public hearing held in the manner prescribed by the foregoing
provisions, shall have power to agree with the town board and the
property owners, upon the extent of such additional improvements and
amount of the county appropriation. The improvement shall be performed
and completed as the board of supervisors shall direct, and the town
shall pay its share thereof into the county treasury, when so directed.

7. Prior to undertaking a watershed protection project for which
application is to be made to the secretary of agriculture of the United
States for federal assistance pursuant to a federal act approved the
fourth day of August, nineteen hundred fifty-four as public law five
hundred sixty-six and known as the "Watershed Protection and Flood
Prevention Act," and all acts amendatory thereof and supplemental
thereto, the board of supervisors, or the official, department, bureau,
or agency of the county designated for that purpose, shall follow the
procedures and be subject to the provisions of subdivisions two, three,
four, five and six of section two hundred ninety-nine-n of this chapter.

8. A county which undertakes a watershed protection project pursuant
to this section for which it would be eligible to receive financial
reimbursement from the state pursuant to section two hundred
ninety-nine-w of this chapter if the project was undertaken by a small
watershed protection district, shall be eligible for such financial
reimbursement in the manner and to the extent therein provided.

9. A county which has commenced proceedings to undertake a watershed
protection project or projects pursuant to the provisions of article
five-D of this chapter, may elect, prior to the creation or extension of
a small watershed protection district or districts therefor, to proceed
with the proposed watershed protection project or projects pursuant to

the provisions of this section and discontinue the article five-D
proceedings. In the event of such election by a county, any proceedings
or other action taken or approval obtained pursuant to section two
hundred ninety-nine-n of this chapter relating to such proposed project
or projects shall be deemed to have been taken or obtained pursuant to
the provisions of this section two hundred twenty-three and shall not be
required to be repeated for such proposed project or projects solely
because of such election. Within ten days after the adoption of a
resolution by the board of supervisors electing to discontinue
proceedings pursuant to article five-D of the chapter and to proceed
with the proposed project or projects pursuant to this section, the
clerk of such board shall file a copy of such resolution with the water
resources commission.

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