TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

CHAPTER 432
SOIL CONSERVATION AND FARMLAND PRESERVATION

Conservation Districts

Section 432:16

    432:16 Powers of Districts and Supervisors. –
A conservation district organized under the provisions of this subdivision, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of this subdivision:
I. To conduct surveys, investigations and research relating to the character of soil erosion; floodwater and sediment damages; land drainage; the health, conservation, and development of the soil, water, and related natural resources; the impact of drought, and the promotion of practices to adapt to a changing climate and environment; and the preventive and control measures and works of improvement needed, to publish the results of such surveys, investigations, or research, and to disseminate information concerning such preventive and control measures and works of improvement; provided, however, that in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies;
II. To conduct demonstrational projects within the district on lands owned or controlled by this state or any of its agencies, with the cooperation and consent of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the occupier of such lands or the necessary rights or interests in such lands, in order to demonstrate by example the means, methods, and measures by which soil and soil resources may be conserved and soil health improved, and how soil erosion in the form of soil blowing and soil washing may be prevented and controlled, and how land may be drained and floodwater and sediment damages may be prevented; and how other works of improvement for the health, conservation, and development of the soil, water, and related natural resources may be carried out; and how healthy soils practices can aid in adaptation to changes in climate and environment;
III. To carry out preventive and control measures and works of improvement for the health, conservation, and development of the soil, water, and related natural resources within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, the drainage of land and changes in use of land, and measures for the prevention of floodwater and sediment damages, on lands owned or controlled by this state or any of its agencies, with the cooperation and consent of the agency administering and having jurisdiction thereof, and on any other land within the district upon obtaining the consent of the occupier of such lands or the necessary rights or interests in such lands;
IV. To cooperate, or enter into agreements with and to furnish financial or other aid to, any agency, governmental or otherwise, or any occupier of lands within the district, in carrying out the erosion control, flood prevention, drainage, watershed protection, and resource conservation and development projects or other works of improvement for the health, conservation, and development of the soil, water, and related natural resources within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this subdivision;
V. To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer, and improve any properties acquired; to receive income from such properties and to expend such income in carrying out the purposes and provisions of this subdivision; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and provisions of this subdivision;
VI. To make available, on such terms as it shall prescribe, to land occupiers within the district, incentives, education, technical assistance, agricultural and engineering machinery, equipment, fertilizer, seeds, seedlings, and such other material or equipment as will assist such land occupiers to carry on operations upon their lands for the health, conservation, and development of soil, water, and related natural resources, for the promotion of practices to foster drought resilience and adapt to a changing climate and environment, for the drainage of land, for the prevention and control of soil erosion, and for the prevention of floodwater and sediment damages;
VII. To construct, improve, operate and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this subdivision;
VIII. To develop comprehensive plans for changes in land use and for the conservation, and development of the healthy soil, water, and related natural resources, for the control and prevention of soil erosion, for land drainage, for the prevention of floodwater and sediment damages within the district, for the promotion of drought resilience and for adaptation to changes in climate and environment, which plans shall specify in such detail as may be possible the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in use of lands; and to publish such plans and information and bring them to the attention of occupiers of lands within the district;
IX. To take over by purchase, lease, or otherwise, and to administer any soil health, soil conservation, drainage, drought resilience, flood prevention, erosion control, erosion prevention, watershed protection, or resource conservation and development project, or other works of improvement for the health, conservation, and development of soil, water, and related natural resources or combinations thereof, located within its boundaries undertaken by the United States or any of its agencies, or by this state or any of its agencies; to manage, as agent of the United States or any of its agencies, or of this state or any of its agencies, any soil health, soil conservation, drought resilience, drainage, flood prevention, erosion control, erosion prevention, watershed protection, or resource conservation and development project, or other works of improvement for the health, conservation, and development of soil, water, and related natural resources or combinations thereof within its boundaries; to act as agent for the United States, or any of its agencies, or for this state or any of its agencies, in connection with the acquisition, construction, operation, or administration of any soil health, soil conservation, drainage, drought resilience, flood prevention, erosion control, erosion prevention, watershed protection, or resource conservation and development project or other works of improvement for the health, conservation, and development of soil, water, and related natural resources or combinations thereof within its boundaries; to accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies or from this state or any of its agencies, and to use or expend such moneys, services, materials, or other contributions in carrying on its operations;
X. As a condition to the extending of any benefits under this subdivision to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, the supervisors may require contributions in money, services, materials, or otherwise to any operations conferring such benefits, and may require land occupiers to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to provide drainage, prevent or control erosion, prevent floodwater and sediment damages, and otherwise provide for the conservation and development of the resources thereon.

Source. 1985, 72:1, eff. July 1, 1985. 2021, 167:5, eff. Sept. 28, 2021.