GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	2 

SENATE BILL 1121
Second Edition Engrossed 5/13/93

Short Title:  Soil Conservation Law Changes.	(Public)
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Sponsors: Senators Cochrane, Tally, and Sherron.
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Referred to:  Finance.
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May 11, 1993

A BILL TO BE ENTITLED
AN ACT TO MAKE TECHNICAL CORRECTIONS AND TO REMOVE OBSOLETE SECTIONS OF THE SOIL CONSERVATION DISTRICT LAW.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 139-3 reads as rewritten:
"§ 139-3.  Definitions.
Wherever used or referred to in this Chapter, unless a different meaning clearly appears from the context:
(1)	'Agency of this State' includes the government of this State and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of the State.
(2) 	'A qualified voter' includes any person qualified to vote in elections by the people under the Constitution of this State.
(3) 	'Environmental Management Commission' or 'State Environmental Management Commission' means the Environmental Management Commission of the State of North Carolina, or the board, body or commission succeeding to its principal functions, or in whom shall be vested by law the powers herein granted to the said Environmental Management Commission.
(4) 	'Commission' or 'Soil and Water Conservation Commission' means the agency created in G.S. 139-4.
(5) 	'District' or 'soil and water conservation district' means a  governmental subdivision of this State, and a public body corporate and politic, organized in accordance with the provisions of this Chapter, for the purposes, with the powers, and subject to the restrictions hereinafter set forth.
(6) 	'Due notice' means notice given by posting the same at the courthouse door and at three other public places in the county, including those where it may be customary to post notices concerning county or municipal affairs generally, not less than 10 days before the date of the event of which notice is being given.  At any hearing held pursuant to such a notice at the time and place designated in such a notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates.
(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) 	The terms 'land occupier' or 'occupier of land,' and 'landowner' or 'owner of land' include any person, firm or corporation who shall hold title to or shall have contracted to purchase any lands lying within a soil and water conservation district organized under the provisions of this Chapter.
(9) 	'Nominating petition' means a petition filed under the provisions of G.S. 139-6 to nominate candidates for the office of supervisor of a soil and water conservation district.
	(11) 	'Petition' means a petition filed under the provisions of Article 1 of this Chapter for the creation of a soil and water conservation district.
(12) 	'State' means the State of North Carolina.
(13) 	'Supervisor' means one of the members of the governing body of a district, elected or appointed in accordance with the provisions of this Chapter.
	(15) 	'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 America.
	(17) 	A 'watershed improvement project' means a project of watershed improvement (whether involving flood prevention, drainage improvement, water supply, soil and water conservation, recreation facilities, fish and wildlife habitat, or other related purposes, singly or in combination) which is undertaken:
	b. 	By a soil and water conservation district under the provisions of Article 1 of Chapter 139 of the General Statutes or any local act granting similar powers.
c. 	By a drainage district under the provisions of Chapter 156 of the General Statutes or any local act granting similar powers.
d. 	By a county that is carrying out a county watershed improvement program under the provisions of Article 3 of Chapter 139 of the General Statutes or any local act granting similar powers.
e. 	By any combination of the foregoing, acting as joint sponsors of a watershed improvement program.
f. 	By any watershed, drainage or flood control project planned or carried out by the Soil Conservation Service, Tennessee Valley Authority or the Army Corps of Engineers.
(18) 	A 'watershed improvement work' means a single feature or facility or portion of a watershed improvement project, such as a water retarding or impoundment structure for one or more authorized watershed purposes or a section of improved stream channel or the land treatment measures associated with a water retarding structure."
Sec. 2.  G.S. 139-16 is repealed.
Sec. 3.  G.S. 139-17 is repealed.
Sec. 4.  G.S. 139-18 is repealed.
Sec. 5.  G.S. 139-19 is repealed.
Sec. 5.1.  G.S. 139-19.1 is repealed.
Sec. 6.  G.S. 139-20 is repealed.
Sec. 7.  G.S. 139-21 is repealed.
Sec. 8.  G.S. 139-22 is repealed.
Sec. 9.  G.S. 139-23 is repealed.
Sec. 10.  G.S. 139-24 is repealed.
Sec. 11.  G.S. 139-25 is repealed.
Sec. 12.  G.S. 139-26 is repealed.
Sec. 13.  G.S. 139-27 is repealed.
Sec. 13.1.  G.S. 139-27.1 is repealed.
Sec. 14.  G.S. 139-28 is repealed.
Sec. 15.  G.S. 139-29 is repealed.
Sec. 16.  G.S. 139-30 is repealed.
Sec. 17.  G.S. 139-32 is repealed.
Sec. 18.  G.S. 139-33 is repealed.
Sec. 19.  G.S. 139-34 is repealed.
Sec. 20.  G.S. 139-35 is repealed.
Sec. 21.  G.S. 139-36 is repealed.
Sec. 22.  G.S. 139-37 is recodified as G.S. 139-48.
Sec. 23.  G.S. 139-37.1 is recodified as G.S. 139-49.
Sec. 24.  G.S. 139-38 is repealed.
Sec. 25.  G.S. 139-41 reads as rewritten:
"§ 139-41.  Powers of county commissioners.
(a)	If the majority of the qualified voters voting in such election favor the levying of such tax, then and in that event, the board of county commissioners shall have all powers of soil and water conservation districts as set forth in subdivisions (1), (2), (3), (4), (5), (6), (7), (8) and (10) of G.S. 139-8 (subject to the limitations set forth in subdivision (12) of such section) concerning  flood prevention, development of water resources, floodwater and sediment damages, and conservation, utilization and disposal of water.  It is the intention of the General Assembly that such powers shall normally be exercised within all or parts of one or more single watersheds, or of two or more watersheds tributary to one of the major drainage basins of the State, but exceptions to this policy may be permitted in appropriate cases; provided, however, it is not the intention of the General Assembly to authorize hereby the diversion of water from one stream or watershed to another.
(b)	The board of county commissioners may itself exercise such powers or, for that purpose, may create a watershed improvement commission to be composed of three members appointed by the board.  The terms of office of the members of the commission shall be six years, with the exception of the first two years of existence of the commission, in which one member shall be appointed to serve for a period of two years, one for a period of four years, and one for a period of six years; thereafter all members shall be appointed for six years, and shall serve until their successors have been appointed and qualified.  Vacancies in the membership of the commission occurring otherwise than by expiration of term shall be filled by appointment to the unexpired term by the board of county commissioners.  The commission shall hold its first meeting within 30 days after its appointment as provided for in this Article, and the beginning date of all terms of office of commissioners shall be the date on which the commission holds its first meeting. The commission at its first meeting shall select a chair, vice-chair, and secretary-treasurer to serve two-year terms.  All acts done by the commission shall be entered in a book of minutes to be kept by the secretary-treasurer.  A majority of the membership of the commission shall constitute a quorum.  The commission shall meet in regular session at least quarterly and may meet specially upon the call of the chair or any members, and upon at least three-day notice of the time, place, and purpose of the meeting.  The commission shall provide the board of county commissioners 30 days prior to July 1 a proposed budget for the fiscal year commencing on July 1 and shall provide the board of county commissioners an audit by a certified public accountant within 60 days after the expiration of the fiscal year ending on June 30.
(c)	The board of county commissioners may create a single watershed improvement commission for the entire county or may create separate commissions for individual projects or watersheds.
(d)	The board of county commissioners, as an alternative to itself exercising the powers set forth in subsection (a) of this section or to creating a watershed improvement commission for that purpose, may by resolution designate the soil and water conservation district having jurisdiction in the county to exercise authority for the board of county commissioners in carrying out the county watershed improvement program. The soil and water conservation district shall provide the board of county commissioners 30 days prior to July 1 a proposed budget for the fiscal year commencing on July 1 and shall provide the board of county commissioners an audit by a certified public accountant within 60 days after the expiration of the fiscal year ending on June 30.
(e)	Repealed by Session Laws 1981, c. 326, s. 5.
(f)	Any industry or private water user, the State of North Carolina, the United States or any of its agencies, any municipality, any other county, or any other political subdivision may participate in county watershed improvement programs hereunder in the same manner and to the same extent as provided by G.S. 139-37 with respect to participation in watershed improvement district programs.
(g)	The board of county commissioners may provide for county watershed improvement programs and any or all other related activities (such as water supply systems, sewerage systems, water resources programs, beach erosion control programs, and conservation programs) to be coordinated, to be jointly undertaken by two or more local agencies, or to be assigned to a single county agency designated by such name and organized in such manner as the board deems appropriate.
(h)	A Watershed Improvement Commission created pursuant to subsection (b) of this section or a soil and water conservation district designated pursuant to subsection (d) of this section may employ such officers, agents, consultants, and other employees as they may require; shall determine their qualifications, duties, and compensation; shall provide for the execution of surety bonds for the secretary-treasurer and such other officers, agents, and employees as shall be entrusted with funds or property, and shall provide for making and publication of an annual audit of the accounts of receipts and disbursements of the watershed improvement program.
(i)	District supervisors and watershed improvement commissioners shall receive a per diem allowance of seven dollars ($7.00) and necessary expenses while engaged in the discharge of official duties pursuant to subsections (b) and (d) of this section.  Claims for per diem and expenses for any duty except attendance upon a meeting shall be paid only after approval of the commission or the Board of Supervisors respectively."
Sec. 26.  G.S. 139-42 reads as rewritten:
"§ 139-42.  Article intended as supplementary.
This Article is intended to provide an alternative method of financing and operating watershed improvement programs, supplementary to any other method authorized by law."
Sec. 27.  G.S. 139-43 is repealed.
Sec. 28.  G.S. 139-44(b) reads as rewritten:
"(b)	The Soil and Water Conservation Commission shall certify copies of its findings to the applicant county, the Environmental Management Commission and the clerk of the superior court of the county or counties wherein any part of the project lies for recordation in the special proceedings thereof."
Sec. 29.  G.S. 139-44(f) reads as rewritten:
"(f)	All provisions of local acts inconsistent herewith limiting condemnation powers of counties for county watershed improvement programs are hereby repealed."
Sec. 30.  G.S. 139-46 reads as rewritten:
"§ 139-46.  Recreational and related aspects of watershed improvement programs.
(a)	Local watershed sponsors may install and maintain recreational facilities and services in connection with watershed improvement works or projects, and may provide areas (including structures) for the conservation and replacement of fish and wildlife habitat. For any of these purposes said sponsors may appropriate and expend funds, may levy taxes and assessments, and may issue bonds and notes, to the same extent as in the case of other authorized watershed activities.  Such recreational facilities and services may include but are not limited to any or all of the water-related recreational facilities provided for in subsection (b) of this section, and parking areas, ingress and egress roads, hiking or nature trails, picnic areas and campsites. No application for watershed planning under Public Law 566 (83rd Congress, United States), as amended, may be approved by the Soil and Water Conservation Commission until after receipt and consideration of recommendations from the appropriate fish and wildlife agency concerning replacement of fish and wildlife habitat in mitigation of anticipated damages:  Provided that this requirement for consideration of fish and wildlife recommendations shall not apply if such recommendations are not received by the Soil and Water Conservation Commission within 30 days after the Soil and Water Conservation Commission requests such recommendations.  Within the meaning of this provision the 'appropriate fish and wildlife agency' means the North Carolina Wildlife Resources Commission as to matters within its jurisdiction, and the North Carolina Department of Environment, Health, and Natural Resources as to matters within its jurisdiction, or both such agencies as to matters within their concurrent jurisdiction.
(b)	It is hereby declared that the provisions of this Chapter authorizing works of improvement, structures, plans, surveys and investigations for the development of water resources were intended to include water-related recreational facilities, including but not limited to boat launching areas and facilities, bathhouses, campsites and picnic areas adjacent to the water, and other basic facilities for water recreational areas.  All expenditures heretofore incurred by any local watershed sponsor for such water-related recreational facilities are hereby validated and confirmed.  The proceeds of any tax heretofore approved by the voters of a county for a county watershed improvement program, or authorized by special or local act for a county watershed improvement program, may be expended for such water-related recreational facilities, if the board of county commissioners after a public hearing determines that the proceeds should be so expended.  Notice of such hearing shall be published at least once a week for two consecutive weeks in at least one newspaper of general circulation published in the county, in lieu thereof, in a newspaper of general circulation in the county.  No action based on the alleged invalidity of the expenditures herein confirmed or of the use of tax proceeds herein authorized shall lie after January 1, 1968, to enjoin  or contest any such expenditure or any such use of tax proceeds.
(c)	Within the meaning of this section 'local watershed sponsors' include soil and water conservation districts, drainage districts, municipalities, and counties undertaking county watershed programs under Article 3 of this Chapter or any local act granting similar powers."
Sec. 31.  G.S. 139-47 is repealed.
Sec. 32.  G.S. 139-37, as recodified as G.S. 139-48 by Section 22 of this act, reads as rewritten:
"§ 139-48.  Participation by cities, counties, industries and others.
(a)	Any industry, or private water user, the State of North Carolina, the United States or any of its agencies, any county, municipality or any other political subdivision may participate in watershed improvement works or projects upon mutually agreeable terms relating to such matters as the construction, financing, maintenance and operation thereof.
(b)	Any county or municipality may contribute funds toward the construction, maintenance and operation of watershed improvement works or projects, to the extent that such works or projects:
(1) 	Provide a source (respectively) of county or municipal water supply; or protect an existing source of such supply, enhance its quality or increase its dependable capacity or quantity; or
(2) 	Protect against or alleviate the effects of flood-water or sediment damages affecting, or provide drainage benefits for, (respectively) county or municipally owned property or the property (respectively) of county or municipal inhabitants located outside the boundaries of such works or projects but within the respective boundaries of such county or municipality.
Each county and city may fund appropriations for the purposes of this section by levy of property taxes pursuant to G.S. 153A-149 and G.S. 160A-209 and by the allocation of other revenues whose use is not otherwise restricted by law."
Sec.  33. (a)	G.S. 139-37.1(c), as recodifed as G.S. 139-49(c) by Section 23 of this act, reads as rewritten:
"(c)	Such bonds or other obligations of counties shall be issued pursuant to the Local Government Finance Act, Chapter 159 of the General Statutes: Provided, the amount thereof shall constitute a deduction from the gross debt under G.S. 159-55(a)(2): Provided, further, the provisions of G.S. 159-65(a)(2) shall not apply to such bonds. "
(b)	G.S. 139-37.1(d), as recodified as G.S. 139-49(d) by Section 23 of this act, reads as rewritten:
"(d)	Such bonds or other obligations of municipalities shall be issued pursuant to the Local Government Finance Act, Chapter 159 of the General Statutes, and the amount thereof shall constitute a deduction from the gross debt under G.S. 159-55(a)(2):  Provided, such bonds may not be consolidated with bonds authorized by another ordinance as provided in G.S. 159-65(a)(2). "
Sec. 34.  This act is effective upon ratification.