Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 15-1963
Formation of district with federal aid
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 19
§ 15-1963. Formation of district with federal aid.

1. The department may proceed of its own motion to form such district
and to authorize the proposed work as though petitions therefor had been
filed as provided in sections 15-1911 and 15-1913 or 15-1931. It may
negotiate with the federal government, investigate the proposed
district, study such plans of and reports on the proposed improvement as
it may find to be available and shall prepare a written report thereon
describing the proposed district, the proposed work, the fixation of the
district boundaries, giving estimates of the cost of the various parts
of the work which may be a charge against the state or the property
owners in the district and including a determination of enhancements and
an apportionment of costs of such a project. Such report shall be filed
and notice of such filing and of a hearing thereon given as provided in
sections 15-0903, 15-1913 and 15-1931.

2. After the final hearing the department shall determine whether it
is to the public interest to form the district and to proceed with the
work and, in general terms, what lands will be benefited thereby. These
matters shall be embodied in a written order, which shall, if the action
is favorable, form the district, authorize entry into agreements with
agencies of the federal government and the doing of whatever is needful
to carry out the project, all as elsewhere specified in title 19 of this
article. Certified copies of the determination and order shall be filed
and notice of such filing given. Thereupon such determination may be
reviewed as provided by section 15-0905, except that the proceedings for
such review must be initiated not later than ten days after such
filings; otherwise such determination shall be considered final and
conclusive and in due course it shall be recorded. The district shall be
held to have been formed on the date of such final order, but such
formation shall not be effective until such order shall have been