The 23 soil conservation districts are established and continued with boundaries corresponding to county boundaries and include all land and water and incorporated areas, as follows: Allegany Soil Conservation District; Anne Arundel Soil Conservation District; Baltimore County Soil Conservation District; Calvert Soil Conservation District; Caroline Soil Conservation District; Carroll Soil Conservation District; Cecil Soil Conservation District; Charles Soil Conservation District; Dorchester Soil Conservation District; Frederick County Soil Conservation District; Garrett Soil Conservation District; Harford Soil Conservation District; Howard Soil Conservation District; Kent Soil Conservation District; Montgomery Soil Conservation District; Prince George’s Soil Conservation District; Queen Anne’s Soil Conservation District; St. Mary’s Soil Conservation District; Somerset Soil Conservation District; Talbot Soil Conservation District; Washington County Soil Conservation District; Wicomico Soil Conservation District; and Worcester Soil Conservation District. A Baltimore City Soil Conservation District may be established and continued with boundaries corresponding to the boundaries of Baltimore City.

The governing body of each district consists of five supervisors. Each supervisor shall be interested and knowledgeable in conservation of soil, water, and related natural resources. By training and experience, each supervisor shall be qualified to perform the specialized skilled services which are required in performing the duties under this subtitle. The supervisors shall be appointed in the following manner, and consideration shall be given to representation from farming, forestry, wildlife, and urban interests where appropriate: One district resident by the county governing body and serving at the pleasure of the county governing body. In those counties with both an executive and a legislative branch of government, the appointment shall be made by the executive and approved by the legislative branch; One by the Committee from a list of three district residents submitted by the county farm bureau; One by the Committee from a list of three district residents submitted by the county extension service; and Two by the Committee from among residents of the district. The term of office of each Committee appointed member is 5 years. Each supervisor shall hold office until his successor is appointed and qualifies. Vacancies shall be filled for any unexpired term by appointments made in the same manner as for the full term. The Committee, upon notice and hearing, may remove any supervisor from office for neglect of duty or malfeasance in office. In addition, any supervisor who, during any period of 12 consecutive months, shall fail to attend at least 50 percent of all regular meetings of the board of supervisors of the district of which he is an appointed member, shall be considered to have resigned and the chairman of the board of supervisors shall notify the appropriate appointing body of the resultant vacancy. However, if the reasons for the supervisor’s inability to attend meetings as required in this subtitle are found by the appointing body to be satisfactory, the appointing body may reinstate the supervisor to office.

The supervisors shall designate annually a chairman and such other officers as may be necessary, and shall have authority to change these designations. A majority of the supervisors constitutes a quorum and the concurrence of a majority in any matter is required for its determination. A supervisor may receive his travel expenses and per diem allowance, as set by the Committee and provided in the annual State budget, for each day spent in the performance of his duties. A supervisor may receive an additional per diem allowance provided by sources other than the State, not to exceed the allowance set by the Committee. The supervisors may employ a secretary, technical experts, and other permanent and temporary officers and employees as they require, and shall determine their qualifications, duties, and compensation. The supervisors may delegate to the chairman, to any supervisor, or any employee powers and duties as they deem proper. The supervisors shall provide for the execution of surety bonds or insurance policies of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article for every employee and officer who is entrusted with funds or property. They shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, rules and regulations, and orders issued or adopted. They shall provide for an annual audit of the accounts of receipts and disbursements. The supervisors may invite the legislative body of any municipality or county, located near or within the district, to designate a representative to advise and consult with the supervisors of the district on all questions of program and policy which may affect the property, water supply, or other interests of the municipality or county. The Office of the Attorney General may provide services to the supervisors as needed.

A member or employee of a board of supervisors for a soil conservation district shall have the immunity from liability described under § 5-517 of the Courts and Judicial Proceedings Article.

The supervisors, upon request, shall furnish the Committee with copies of each ordinance, rule or regulation, order, contract, form, or other document they adopt or employ, and other information concerning their activities as the Committee requires in the performance of its duties under this subtitle.

Any State agency, or any agency of any county, or other political subdivision of the State having jurisdiction over or charged with the administration of any State, county, or other publicly owned lands lying within the boundaries of any district, shall cooperate to the fullest extent with the supervisors of the district to effectuate the programs and operations undertaken by the supervisors under this subtitle. The supervisors shall be given free access to enter and perform work on publicly owned lands.

A soil conservation district constitutes a political subdivision of the State, and a public body corporate and politic, exercising public powers. The supervisors may: Conduct surveys, investigations, and research relating to the character of soil erosion and the preventive and control measures needed and publish the results, if the research program is executed in cooperation with the State, the United States, or any of their agencies; Disseminate information concerning preventive and control measures; 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; 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; 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; Obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, or otherwise, any real or personal property or rights or interests in it, which shall be exempt from State, county, or municipal taxation; Maintain, administer, and improve any acquired properties, receive income from the properties and expend the income to carry out the purposes and provisions of this subtitle; Sell, lease, or otherwise dispose of its property or interests in it to further the purposes and the provisions of this subtitle; 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; Construct, improve, and maintain structures necessary or convenient for the performance of any of the operations authorized in this title; 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; Publish the plans and information and bring them to the attention of land occupiers within the district; Take over, by purchase, lease, or otherwise, and administer any soil conservation, erosion control, or erosion prevention project located within the district undertaken by the United States, the State, or any of their agencies; Act as agent for the United States, the State, or any of their agencies, in connection with the acquisition, construction, operation, or administration of any soil conservation, erosion control, or erosion prevention project within its boundaries; Accept gifts in money, services, materials, or otherwise from the United States, the State, or any of their agencies and to use or expend them to carry out the operations of the districts; Borrow money on its negotiable paper to carry out its powers and duties; Approve or disapprove plans for clearing, grading, transporting, or otherwise distributing soil in accordance with § 4–105(a) of the Environment Article and adopt general criteria and specific written recommendations concerning the control of erosion and siltation of pollution associated with these activities; In accordance with subsection (c) of this section: Recommend a fee system to cover the cost of reviewing grading and sediment control plans; and Recommend a fee system to cover the cost of reviewing small pond plans; Establish and implement a fee system to cover the cost of inspecting sites with approved sediment control plans pursuant to a contractual agreement with the Department of the Environment under § 4–103(f) of the Environment Article; 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; Provide contracting services, equipment, and supplies to landowners; Establish prices for the sale of the contracting services, equipment, and supplies; and Promulgate any rule or regulation necessary to implement this item; and In addition to the powers enumerated in this title, displace or limit economic competition in the exercise of any power specified in this title; provided that the powers granted to a district pursuant to this paragraph shall not be construed: To grant to the district powers in any substantive area not otherwise granted to the district by other public general or public local law; To restrict the district from exercising any power granted to the district by other public general or public local law or otherwise; To authorize the district or its officers to engage in any activity which is beyond their power under other public general law, public local law, or otherwise; or To preempt or supersede the regulatory authority of any State department or agency under any public general law. Subject to § 8–311 of this subtitle, a fee system recommended under subsection (b)(18) of this section shall take effect on enactment by the local governing body. Any fees collected under a fee system established in accordance with this subsection shall be supplemental to county and State funds and may not: Be used to reduce county or State funds; or As applicable, exceed the cost of reviewing: Grading and sediment control plans; or Small pond plans. Subject to paragraph (2) of this subsection, 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. 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 Department, which may use the information for statistical purposes. The Department shall: Maintain the information in the manner that protects the identity of the person for whom the plan is prepared; and Make any information from a plan available to the 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. 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. The supervisors of two or more districts may cooperate with one another in the exercise of any powers conferred by this title. No provision relating to acquisition, operation, or disposition of property by other public bodies is applicable to a district, unless the provision specifically so states.

The supervisors of any district may formulate rules and regulations governing the use of land within the district in order to conserve soil and soil resources and prevent and control soil erosion. The supervisors may conduct public meetings and public hearings upon tentative rules and regulations as necessary. The district supervisors, by rules and regulations, may: Require necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures; Require observance of particular methods of cultivation including (i) contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, and seeding; (ii) planting of lands with water conserving and erosion preventing plants, trees, and grasses; and (iii) forestation and reforestation; Specify cropping programs and tillage practices to be observed; Require retirement from cultivation of any highly erosive area on which erosion may not be adequately controlled if cultivation is carried on; and Provide for other means, measures, operations, and programs that may assist conservation of soil resources and prevent or control soil erosion in the district, having due regard to the legislative findings set forth in § 8–102 of this title. The regulations shall be uniform throughout the district, except the supervisors may classify district lands with reference to factors such as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors, and may provide rules and regulations varying with the type or class of land affected, but uniform as to all lands within each class or type. Copies of land–use regulations adopted under the provisions of this section shall be printed and made available to all land occupiers within the district. Any agency administering any publicly owned lands shall observe the land–use rules and regulations in every respect.

Before any land-use rule or regulation is enacted into law the supervisors shall give due notice of their intention to submit the rules and regulations to a referendum among the land occupiers within the boundaries of the district for their approval or disapproval. The proposed rules and regulations shall be embodied in a proposed ordinance. Copies of the proposed ordinance shall be available for the inspection of all eligible voters during the period between publication of the notice and the date of the referendum. The notices of the referendum shall contain a fair summary of the contents, or state where copies of the proposed ordinance may be examined. The supervisors shall supervise the referendum, prescribe appropriate rules and regulations governing its conduct, and publish the results. Only land occupiers within the district are eligible to vote in the referendum. No informality in the conduct of the referendum or in any matter relating to it may invalidate the referendum or its results if notice is given substantially in accordance with the provisions of this title and the referendum is fairly conducted. The supervisors may not enact the proposed ordinance into law unless at least a majority of the votes cast have been cast for its approval, but the approval of the proposed ordinance by a majority of the votes cast in the referendum does not require the supervisors to enact the proposed ordinance into law. Land-use rules and regulations prescribed in an ordinance adopted by the supervisors of any district have the force and effect of law in the district and shall be binding and obligatory upon all land occupiers within the district. Any land occupier within the district may file a petition at any time with the supervisors requesting amendment, supplement, or repeal of any land-use rule or regulation prescribed in any ordinance adopted by the supervisors. Land-use regulations prescribed in any ordinance may not be amended, supplemented, or repealed except in accordance with the procedure prescribed in this section for adoption of land-use regulations. Referenda on adoption, amendment, supplementation, or repeal of land-use rules and regulations may not be held more than once in six months.

The supervisors may go upon any lands within the district to determine whether land-use rules and regulations are being observed. The supervisors may provide, by ordinance, that any land occupier who sustains damages from any violation of the rules and regulations by any other land occupier may recover damages at law from the other land occupier for the violation.

If the supervisors of any district find that any provision of the land-use rules and regulations is not being complied with on any parcel of land and that noncompliance tends to increase erosion on the land, and is interfering with prevention or control of erosion on other land in the district, the supervisors may seek relief in the circuit court of the county where the district is located. In any case where the person in possession of the land is not the owner, the owner of the land shall be joined as a party defendant. The court may provide that upon failure of the defendant to initiate performance of the work within the time specified by the court and complete it with reasonable diligence, the supervisors may enter on the land to perform the work and bring the conditions of the land into compliance with the land-use rules and regulations. The court shall retain jurisdiction of the case until the work is completed. Upon completion of the work pursuant to the order of the court, the supervisors may file a petition with the court stating the costs and expenses sustained by them in performing work and praying judgment with interest. The court may enter a judgment for the amount of the supervisor’s costs and expenses, with interest at the rate of 5 percent per year, together with the costs of suit, including a reasonable attorney’s fee fixed by the court.

In order to develop a fee system to be implemented under § 8–306(b)(18) of this subtitle and §§ 4–103(c) and 5–503(b) of the Environment Article, each year a soil conservation district shall determine, for the succeeding year, the reasonable costs of reviewing: Grading and sediment control plans; and Small pond plans. The soil conservation district shall develop the fee system based on the costs determined under subsection (a) of this section, and shall submit the fee system to the local governing body. Within 90 days after the soil conservation district submits the final fee system, the local governing body may: Enact the fee system of the soil conservation district, to take effect within 90 days after the soil conservation district submits the final fee system to the local governing body; or Enact a different fee system or otherwise provide funding. If the local governing body fails to accept or modify the fee system submitted by the soil conservation district, the final fee system submitted by the soil conservation district shall take effect on the 91st day after the district submits the fee system to the local governing body, without requiring enactment by the local governing body.

A soil conservation district or a county in which a soil conservation district is located may supplement the salary of an employee of the Department who is assigned to work for a district by providing a grant to the employee.