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<section article="gag" article_name="Agriculture" number="8-306" title_number="8" title_name="Soil Conservation" subtitle_number="3" subtitle_name="State Soil Conservation Districts">
  <level label="a">
    <text>A soil conservation district constitutes a political subdivision of the State, and a public body corporate and politic, exercising public powers.</text>
  </level>
  <level label="b">
    <text>The supervisors may:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>Disseminate information concerning preventive and control measures;</text>
    </level>
    <level label="3">
      <text>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;</text>
    </level>
    <level label="4">
      <text>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;</text>
    </level>
    <level label="5">
      <text>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;</text>
    </level>
    <level label="6">
      <text>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;</text>
    </level>
    <level label="7">
      <text>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;</text>
    </level>
    <level label="8">
      <text>Sell, lease, or otherwise dispose of its property or interests in it to further the purposes and the provisions of this subtitle;</text>
    </level>
    <level label="9">
      <text>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;</text>
    </level>
    <level label="10">
      <text>Construct, improve, and maintain structures necessary or convenient for the performance of any of the operations authorized in this title;</text>
    </level>
    <level label="11">
      <text>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;</text>
    </level>
    <level label="12">
      <text>Publish the plans and information and bring them to the attention of land occupiers within the district;</text>
    </level>
    <level label="13">
      <text>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;</text>
    </level>
    <level label="14">
      <text>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;</text>
    </level>
    <level label="15">
      <text>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;</text>
    </level>
    <level label="16">
      <text>Borrow money on its negotiable paper to carry out its powers and duties;</text>
    </level>
    <level label="17">
      <text>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;</text>
    </level>
    <level label="18">
      <text>In accordance with subsection (c) of this section:</text>
      <level label="i">
        <text>Recommend a fee system to cover the cost of reviewing grading and sediment control plans; and</text>
      </level>
      <level label="ii">
        <text>Recommend a fee system to cover the cost of reviewing small pond plans;</text>
      </level>
    </level>
    <level label="19">
      <text>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;</text>
    </level>
    <level label="20">
      <level label="i">
        <text>Sue and be sued in the name of the district;</text>
      </level>
      <level label="ii">
        <text>Have a seal which shall be judicially noticed;</text>
      </level>
      <level label="iii">
        <text>Have perpetual succession unless terminated;</text>
      </level>
      <level label="iv">
        <text>Make and execute contracts and other instruments necessary or convenient to the exercise of its powers; and</text>
      </level>
      <level label="v">
        <text>Adopt, amend, and repeal, rules and regulations not inconsistent with this title, to effectuate its purposes and powers;</text>
      </level>
    </level>
    <level label="21">
      <level label="i">
        <text>Provide contracting services, equipment, and supplies to landowners;</text>
      </level>
      <level label="ii">
        <text>Establish prices for the sale of the contracting services, equipment, and supplies; and</text>
      </level>
      <level label="iii">
        <text>Promulgate any rule or regulation necessary to implement this item; and</text>
      </level>
    </level>
    <level label="22">
      <text>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:</text>
      <level label="i">
        <text>To grant to the district powers in any substantive area not otherwise granted to the district by other public general or public local law;</text>
      </level>
      <level label="ii">
        <text>To restrict the district from exercising any power granted to the district by other public general or public local law or otherwise;</text>
      </level>
      <level label="iii">
        <text>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</text>
      </level>
      <level label="iv">
        <text>To preempt or supersede the regulatory authority of any State department or agency under any public general law.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>Any fees collected under a fee system established in accordance with this subsection shall be supplemental to county and State funds and may not:</text>
      <level label="i">
        <text>Be used to reduce county or State funds; or</text>
      </level>
      <level label="ii">
        <text>As applicable, exceed the cost of reviewing:</text>
        <level label="1">
          <text>Grading and sediment control plans; or</text>
        </level>
        <level label="2">
          <text>Small pond plans.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>The supervisors shall make a soil conservation and water quality plan available to:</text>
      <level label="i">
        <text>The Department of the Environment for enforcement action under § 4–413 of the Environment Article; and</text>
      </level>
      <level label="ii">
        <text>The Department, which may use the information for statistical purposes.</text>
      </level>
    </level>
    <level label="3">
      <text>The Department shall:</text>
      <level label="i">
        <text>Maintain the information in the manner that protects the identity of the person for whom the plan is prepared; and</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>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.</text>
  </level>
  <level label="f">
    <text>The supervisors of two or more districts may cooperate with one another in the exercise of any powers conferred by this title.</text>
  </level>
  <level label="g">
    <text>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.</text>
  </level>
</section>
