New York Soil & Water Conservation Districts Law Section 3 - Definitions.

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 America.

(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 county.

(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 otherwise.

(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 practices.

(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.

Last modified: February 3, 2019