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.
Soil & Water Conservation Districts (SWC) CHAPTER 9-B, ARTICLE 1
§ 3. Definitions. Wherever used or referred to in this chapter, unless
a different meaning clearly appears from the context: (1) "District" or
"soil and water conservation district" means a county whose board of
supervisors has by resolution declared said county to be a soil and
water conservation district.

(2) "Director" means one member of the governing body of a district,
appointed in accordance with the provisions of this chapter.

(3) "Committee" or "state soil and water conservation committee" means
the agency created in section four of this chapter.

(4) "State" means the state of New York.

(5) "Agency of this state" includes the government of this state and
any subdivision, agency, or instrumentality, corporate or otherwise, of
the government of this state.

(6) "United States" or "agencies of the United States" includes the
United States of America, the soil conservation service of the United
States department of agriculture, and any other agency or
instrumentality, corporate or otherwise, of the United States of

(7) "Government" or "governmental" includes the government of this
state, the government of the United States, and any subdivision, agency,
or instrumentality, corporate or otherwise of either of them.

(8) "County board" means the county board of supervisors of any

(9) "Land occupier" or "occupier of land" includes any person, firm,
corporation, or governmental unit who shall hold title to, or shall be
in possession of, any lands lying within a district organized under the
provisions of this chapter, whether as owner, lessee, renter, tenant or

(10) "Agriculture land" shall be defined as any landholding exceeding
twenty-five acres which is used by the owner or occupier of the land for
the raising of any agricultural or forestry products, provided, however,
that concentrated agricultural operations on landholdings of less than
twenty-five acres shall be included in the term.

(11) "Concentrated agricultural operations" shall be as defined as any
form of agricultural operation including feedlots and poultry
operations, which produces, because of its confined nature, large
amounts of animal and related wastes in a limited area as defined by the
State Soil and Water Conservation Committee.

(12) "Soil and water conservation plan" shall be defined as a document
containing proposals for the conservation of soil and water resources
and which provides an orderly method for landowners and occupiers to
follow in limiting soil erosion and reducing the amount of pollutants
entering into the waters or on the lands of the state.

(13) "Nonpoint source" means any source of water pollution or
pollutants, as defined in section 17-0105 of the environmental
conservation law, which is not a discrete conveyance or point source
permitted pursuant to title seven or eight of article seventeen of the
environmental conservation law.

(14) "Nonpoint source abatement and control program" means a program
of activities and projects for the abatement and reduction of nonpoint
source pollution through the implementation of best management

(15) "Agricultural nonpoint source abatement and control program"
means a program consisting of activities and projects for the abatement
and reduction of water pollution from agricultural nonpoint sources
through the installation, operation and maintenance of best management
practices. Such program shall address agriculturally related activities
and their impact on water quality and shall include, but not be limited
to, activities and projects for controlling losses from the land
including nutrients, particularly nitrogen and phosphorus, pathogens,
toxic contamination of surface waters and groundwaters from heavy
metals, pesticides and other organic substances, and for the prevention
of siltation and eutrophication of streams, rivers, lakes and other
water bodies.

(16) "Best management practices" means a practice or combination of
practices determined to be the most effective, economically feasible and
practicable means of preventing or reducing pollution generated by
nonpoint sources.

(17) "Priority water body" means a water body identified by the
commissioner of environmental conservation pursuant to section 17-1407
of the environmental conservation law.

(18) "Recreational use" means any activity undertaken out of doors for
purposes of mental or physical enjoyment and relaxation and may include,
but shall not be limited to, hunting, fishing, canoeing, boating,
trapping, hiking, cross country skiing, tobogganing, sledding,
speleological activities, horseback riding, bicycle riding, hang
gliding, motorized vehicle operation for recreational purposes,
snowmobile operation and training of dogs.