North Carolina § 139-4 - Powers and duties of Soil and Water Conservation Commission generally.

§ 139-4. Powers and duties of Soil and Water Conservation Commission generally.

through (c) Repealed by Session Laws 1973, c. 1262, s. 38. In addition to the duties and powers hereinafter conferred upon the Soil and Water Conservation Commission, it shall have the following duties and powers: To offer such assistance as may be appropriate to the supervisors of soil and water conservation districts, organized as provided hereinafter, in the carrying out of any of their powers and programs. To keep the supervisors of each of the several districts organized under the provisions of this Chapter informed of the activities and experience of all other districts organized hereunder, and to facilitate an interchange of advice and experience between such districts and cooperation between them. To coordinate the programs of the several soil and water conservation districts organized hereunder so far as this may be done by advice and consultation. To secure the cooperation and assistance of the United States and any of its agencies, and of agencies of this State, in the work of such districts. To disseminate information throughout the State concerning the activities and programs of the soil and water conservation districts organized hereunder, and to encourage the formation of such districts in areas where their organization is desirable. Upon the filing of a petition signed by all of the district supervisors of any one or more districts requesting a change in the boundary lines of said district or districts, the Commission may change such lines in such manner as in its judgment would best serve the interests of the occupiers of land in the area affected thereby. To receive, review and approve or disapprove applications for planning assistance under the provisions of Public Law 566 (83rd Congress, as amended), and recommend priorities on such applications. To supervise and review small watershed work plans pursuant to G.S. 139-41.2 and 139-47. To create, implement, and supervise the Agriculture Cost Share Program for Nonpoint Source Pollution Control created pursuant to Article 72 of Chapter 106 of the General Statutes, the Community Conservation Assistance Program created pursuant to Article 73 of Chapter 106 of the General Statutes, and the Agricultural Water Resources Assistance Program created pursuant to Article 5 of this Chapter. To review and approve or disapprove the application of a district supervisor for a grant under the Agriculture Cost Share Program for Nonpoint Source Pollution Control, the Community Conservation Assistance Program, or the Agricultural Water Resources Assistance Program as provided by G.S. 139-8(b). To develop and implement a program for the approval of water quality and animal waste management systems technical specialists. To develop and approve best management practices for the Agriculture Cost Share Program for Nonpoint Source Pollution Control and for use in water quality protection and water use efficiency, availability, and storage programs and to adopt rules that establish criteria governing approval of these best management practices. To establish a training program required for all district supervisors. To develop and implement a program for granting job approval authority to Soil and Water Conservation District staff and employees of the Division of Soil and Water Conservation of the Department of Agriculture and Consumer Services to plan, design, and certify the installation of best management practices approved for cost-share funding pursuant to programs identified in G.S. 139-4(d)(9). A member of the Commission may apply for and receive a grant under the Agriculture Cost Share Program for Nonpoint Source Pollution Control, the Community Conservation Assistance Program, or the Agricultural Water Resources Assistance Program if: (1) The member does not vote on the application or attempt to influence the outcome of any action on the application; and (2) The application is approved by the Commissioner of Agriculture. History (1937, c. 393, s. 4; 1947, c. 131, s. 3; 1953, c. 255; 1957, c. 1374, s. 1; 1959, c. 781, s. 5; 1961, c. 746, s. 2; 1965, c. 582, s. 2; c. 932; 1971, c. 396; 1973, c. 1262, s. 38; 1981, c. 326, s. 1; 1995, c. 519, s. 1; 1997-443, s. 11A.119(a); 2001-284, s. 1; 2006-78, s. 3; 2011-145, ss. 13.23(c), (d), 13.22A(i), (j); 2012-142, s. 11.6(b); 2012-145, s. 4.3; 2016-113, s. 5(a); 2020-18, s. 7(c).) State Government Reorganization. - The Soil and Water Conservation Committee (now the Soil and Water Conservation Commission) was transferred to the Department of Natural and Economic Resources (now the Department of Environment and Natural Resources) by former G.S. 143A-124, enacted by Session Laws 1971, c. 864 and repealed by Session Laws 1973, c. 1262, and remained a part of the Department of Environmental Resources under G.S. 143B-279.3(b)(21), until being transferred to the Department of Agriculture and Consumer Services by Session Laws 2011-145, s. 13.22A(a), (b), effective July 1, 2011. Editor's Note. - Session Laws 2001-355, ss. 1 to 6, as amended by Session Laws 2013-413, s. 57(y), provide for the implementation of the Tar-Pamlico River Basin-Nutrient Sensitive Waters Management Strategy: Agricultural Nutrient Control Strategy, as adopted by the Environmental Management Commission on 12 October 2000 and approved by the Rules Review Commission on 20 November 2000, to become effective on 1 September 2001. A Local Advisory Committee is to be appointed in each county or watershed, as specified in the Basin Oversight Committee, within the Tar-Pamlico River Basin; these committees terminate upon a finding by the Environmental Management Commission that the long-term maintenance of nutrient loads is assured. Under the act, the Soil and Water Commission is to approve best management practices for pasture-based production or management of livestock, including a point system applicable thereto. Harvesting of trees is also addressed. Furthermore, the Basin Oversight Committee is to develop a nutrient loading accounting methodology, to be approved by the Environmental Management Commission no later than 1 March 2003. The Environmental Management Commission may adopt and revise a temporary rule incorporating the provisions of the act until a permanent rule can be adopted. Session Laws 2001-355, s. 7, provides that ss. 2 and 3 of the act expire when the temporary rule becomes effective, and s. 4 expires upon a finding that the long-term maintenance of nutrient loads in the Tar-Pamlico River Basin is assured. Session Laws 2017-10, s. 3.9, repealed Session Laws 2001-355, s. 4, effective May 4, 2017. In subdivision (d)(9) above, "Article 73 of Chapter 106 " was substituted for "Part 11 of Article 21 of Chapter 143 " to conform to the recodification of Part 11 of Article 21 of Chapter 143 as Article 73 of Chapter 106 by Session Laws 2011-145, s. 13.22A(x). Session Laws 2011-145, s. 13.22A(dd), provides: "The Revisor of Statutes shall make the conforming statutory changes necessary to reflect the transfers under subsections (a) and (b) of this section. The Revisor of Statutes may correct any reference in the General Statutes to the statutes that are recodified by this section and any other conforming changes necessitated by this section." Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2017-10, s. 5.1, is a severability clause. Session Laws 2020-18, s. 16(a), is a severability clause. Effect of Amendments. - Session Laws 2006-78, s. 3, effective July 10, 2006, rewrote subdivision (d)(9); in subdivision (d)(10), inserted "or the Community Conservation Assistance Program," and substituted "139-8(b)" for "139-8(13)"; and added "and the Community Conservation Assistance Program" near the end of subsection (e). Session Laws 2011-145, s. 13.22A(i), (j), effective July 1, 2011, substituted "Article 72 of Chapter 106 " for "Part 9 of Article 21 of Chapter 143 " in subdivision (d)(9); inserted "the Agriculture Cost Share Program for Nonpoint Source Pollution Control and for" in subdivision (d)(12); and substituted "Commissioner of Agriculture" for "Secretary of Environment and Natural Resources" in subdivision (e)(2). Session Laws 2011-145, s. 13.23(c), (d), effective July 1, 2011, in subdivision (d)(9), added "and the Agricultural Water Resources Assistance Program created pursuant to Article 5 of this Chapter" and made a minor stylistic change; and in subdivision (d)(10); and in subsection (e), inserted "or the Agricultural Water Resources Assistance Program" and made minor stylistic changes. Session Laws 2012-142, s. 11.6(b), as added by Session Laws 2012-145, s. 4.3, effective July 1, 2012, substituted "water quality protection and water use efficiency, availability, and storage programs" for "the water quality protection programs of the Department of Environment and Natural Resources" in subdivision (d)(12). Session Laws 2016-113, s. 5(a), effective July 26, 2016, added subdivision (d)(13). Session Laws 2020-18, s. 7(c), effective June 12, 2020, added subdivision (d)(14).