§ 8-306. Supervisors' powers
West's Annotated Code of MarylandAgriculture
MD Code, Agriculture, § 8-306
§ 8-306. Supervisors' powers
(a) A soil conservation district constitutes a political subdivision of the State, and a public body corporate and politic, exercising public powers. The supervisors may:
(3) Conduct demonstration projects within the district on State owned or controlled land, with the cooperation of the agency administering and having jurisdiction of them, or on any land within the district upon obtaining the consent of the land occupier or the possessor of the necessary rights or interests in the land, in order to demonstrate by example the means, methods, and measures for conserving soil and soil resources, and preventing and controlling soil erosion in the form of soil blowing and washing;
(4) Carry out preventive and control measures within the district including engineering operations, cultivation methods, the growing of vegetation, changes in land use, and the measures listed in § 8-102(c) of this title, on State owned or controlled land, with the cooperation of the agency administering and having jurisdiction of them, or on any other land within the district upon obtaining the consent of the land occupier or the possessor of the necessary rights or interests in the land;
(5) Cooperate or enter into agreements with any person to furnish financial or other aid to any government or private agency or any land occupier within the district, in carrying on erosion control and prevention operations within the district, subject to conditions the supervisors deem necessary to advance the purposes of this subtitle;
(9) Make available to land occupiers within the district, on terms the supervisors prescribe, agricultural and engineering machinery and equipment, fertilizer, seeds, seedlings, and other material or equipment, to assist land occupiers in conserving soil resources and preventing and controlling soil erosion;
(11) Develop comprehensive plans for conserving soil resources and controlling and preventing soil erosion within the district, if the plans specify in reasonable detail, the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of the plans, including the specification of engineering operations, cultivation methods, the growing of vegetation, cropping programs, tillage practices, and changes in land use;
(17) Approve or disapprove plans for clearing, grading, transporting, or otherwise distributing soil pursuant to § 4-105(a) of the Environment Article and to adopt general criteria and specific written recommendations concerning the control of erosion and siltation of pollution associated with these activities;
(18) Recommend a fee system to cover the cost of reviewing the grading and sediment control plans. Subject to § 8-311 of this subtitle, any recommended fee shall take effect upon enactment by the local governing body. Any fees collected pursuant to this fee system shall be supplementary to county and State funds and may not (i) be used to reduce county or State funds, and (ii) exceed the cost of reviewing the plans;
(20) Sue and be sued in the name of the district; have a seal which shall be judicially noticed; have perpetual succession unless terminated; make and execute contracts and other instruments necessary or convenient to the exercise of its powers; and adopt, amend, and repeal, rules and regulations not inconsistent with this title, to effectuate its purposes and powers;
(b)(1) The supervisor shall maintain information from a soil conservation and water quality plan in a manner that protects the identity of the person for whom the plan is prepared. However, the supervisors shall make a soil conservation and water quality plan available to the Department of the Environment for enforcement action under § 4-413 of the Environment Article and the Maryland Department of Agriculture which may use the information for statistical purposes.
(ii) Make any information from a plan available to the Maryland Department of the Environment to support the development of a compliance or enforcement case for purposes of addressing an existing water quality problem in accordance with procedures established between the departments and the State Soil Conservation Committee.
(c) As a condition to extending any benefit of this title to any land not owned or controlled by the State or any of its agencies, or to performing work on them, the supervisors may require contributions in money, services, materials, or otherwise to any operations conferring benefits, and may require the land occupier to enter into and perform agreements or covenants concerning the permanent use of the land as tends to prevent or control erosion.
(d) The supervisors of two or more districts may cooperate with one another in the exercise of any powers conferred by this title.
Credits
Added by Acts 1973, 1st Sp. Sess., c. 6, § 1. Amended by Acts 1974, c. 151; Acts 1974, c. 177, § 1; Acts 1980, c. 676, §§ 1, 2; Acts 1983, c. 510; Acts 1985, c. 43; Acts 1986, c. 5, § 1; Acts 1987, c. 306, § 15; Acts 1988, c. 6, § 11; Acts 1998, c. 37, § 1, eff. Oct. 1, 1998; Acts 1999, c. 447, § 1, eff. Oct. 1, 1999; Acts 2001, c. 97, § 1, eff. Oct. 1, 2001.
Formerly Art. § 66C, §§ 95, 95A, 99.
MD Code, Agriculture, § 8-306, MD AGRIC § 8-306
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document |