Chap. 394.—-An ACT to declare the necessity of creating governmental sub-
divisions of the State, to be known as “soil conservation districts’, to engage
in conserving soil resources and preventing and controlling soil erosion; to
establish the State Soil Conservation Committee, and to define its powers
and duties; to provide for the creation of soil conservation districts; to
define the powers and duties of soil conservation districts, and to provide
for the exercise of such powers, including the power to acquire property by
purchase, gift, and otherwise; to empower such districts to adopt programs
and regulations for the discontinuance of land-use practices contributing to
soil wastage and soil erosion, and the adoption and carrying out of soil-
conserving land-use practices, and to provide for the enforcement of such
programs and regulations; to provide for establishing boards of adjustment
in connection with land-use regulations, and to define their functions and
powers; to provide for the discontinuance of such soil conservation districts ;
to provide for financial assistance to such soil conservation districts; to ap-
propriate funds for the purpose of effectuating the provisions of this act;
and for other purposes. [S B 38]

Approved April 1, 1938

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. Short Title—This act may be known, designated and
ited as the soil conservation districts law.

Section 2. Legislative Determinations, and Declaration of Policy.
-It is hereby declared as a matter of legislative determination—

(a) The Condition—That the farm and grazing lands of the
tate of Virginia are among the basic assets of the State, and that the
reservation of these lands is necessary to protect and promote the
ealth, safety, and general welfare of its people; that improper land-
se practices have caused and have contributed to, and are now causing
nd contributing to, a progressively more serious erosion of the farm
nd grazing lands of this State by wind and water; that the breaking
f natural grass, plant, and forest cover have interfered with the
atural factors of soil stabilization, causing loosening of soil and
xhaustion of humus, and developing a soil condition that favors
rosion; that the topsoil is being washed out of fields and pastures;
1at there has been an accelerated washing of sloping fields; that these
rocesses of erosion by water speed up with removal of absorptive
»psoil, causing exposure of less absorptive and less protective but more
rosive subsoil; that failure by any land occupier to conserve the soil
nd control erosion upon his lands causes a washing of soil from his
nds onto other lands and makes the conservation of soil and control
f erosion on such other lands difficult or impossible.

(b) The Consequences.—That the consequences of such soil
rosion in the form of soil-washing are the silting and sedimentation
f stream channels, reservoirs, dams, ditches, and harbors; the piling
p of soil on lower slopes, and its deposit over alluvial plains; the
eduction in productivity or outright ruin of rich bottom lands by
verwash or poor subsoil material, sand, and gravel swept out of the
ills; deterioration of soil and its fertility, deterioration of crops
rown thereon, and declining acre yields despite development of scien-
fic processes for increasing such yields; loss of soil and water which
auses destruction of food and cover for wildlife; a washing of soil
ito streams which silts over spawning beds, and destroys water
lants, diminishing the food supply of fish; a diminishing of the
nderground water reserve, which causes water shortages, intensifies
eriods of drought, and causes crop failures; an increase in the speed
nd volume of rainfall run-off, causing severe and increasing floods,
which bring suffering, disease, and death; impoverishment of families
attempting to farm eroding and eroded lands; damage to roads, high-
ways, railways, farm buildings, and other property from floods; and
losses in navigation, hydro-electric power, municipal water supply,
irrigation developments, farming and grazing.

(c) The Appropriate Corrective Methods.—That to conserve soil
resources and control and prevent soil erosion, it is necessary that land-
use practices contributing to soil wastage and soil erosion be discouraged
and discontinued, and appropriate soil-conserving land-use practices
be adopted and carried out; that among the procedures necessary for
widespread adoption, are the carrying on of engineering operations such
as the construction of terraces, terrace outlets, check dams, dikes,
ponds, ditches, and the lke; the utilization of strip cropping, lister
furrowing, contour cultivating, and contour furrowing; land irrigation;
seeding and planting of waste, sloping, abandoned, or eroded lands to
water-conserving and erosion-preventing plants, trees and grasses;
forestation and reforestation; rotation of crops; soil stabilization with
trees, grasses, legumes, and other thick-growing, soil-holding crops;
retardation of runoff by increasing absorption of rainfall; and retire-
ment from cultivation of steep, highly erosive areas and areas now
badly gullied or otherwise eroded.

(d) Declaration of Policy—It is hereby declared to be the policy
of the Legislature to provide for the conservation of the soil and soil
resources of this State, and for the control and prevention of soil
erosion, and thereby to preserve natural resources, control floods, pre-
vent impairment of dams and reservoirs, assist in maintaining the
navigability of rivers and harbors, preserve wildlife, protect the tax
base, protect public lands, and protect and promote the health, safety.
and general welfare of the people of this State.

Section 3. Definitions—Whenever used or referred to in this act,
unless a different meaning clearly appears from the context:

(1) “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.

(2) “Committee” or “State soil conservation committee’ means
the agency created in section four of this act.

(3) “District” or “soil conservation district” means a govern-
mental subdivision of this State, and a public body corporate and
politic, organized in accordance with the provisions of this act, for
the purposes, with the powers, and subject to the restrictions herein-
after set forth.

(4) “Due notice” means notice published at least twice, with an
interval of at least seven (7) days between the two publication dates,
in a newspaper or other publication of general circulation within the
appropriate area, or if no such publication of general circulation be
available, by posting at a reasonable number of conspicuous places
within the appropriate area, such posting to include, where possible.
posting at public places where it may be customary to post notices
concerning county or municipal affairs generally. At any hearing held
pursuant to such notice, at the time and place designated in such
notice, adjournment may be made from time to time without the neces-
sity of renewing such notice for such adjourned dates.

(5) “Government” or “governmental” includes the government of
this State, the Government of the United States, and any subdivision,
agency, or instrumentality, corporate or otherwise, or either of them.

(6) “Land occupier” or “occupier of land” includes any person,
firm or corporation who shall hold title to, or shall be in possession
of, any lands lying within a district organized, or proposed to be
organized, under the provisions of this act, whether as owner, lessee,
renter, tenant, or otherwise.

(7) “Nominating petition” means a petition filed under the pro-
visions of section six of this act to nominate candidates for the office
of supervisor of a soil conservation district.

(8) “Petition” means a petition filed under the provisions of sub-
section (a) of section five of this act for the creation of a district.

(9) “Qualified elector’? means any person who is qualified under
the Constitution and laws of this State to vote for members of the
General Assembly and other officers elective by the people.

— (10) “State” or “Commonwealth” means the Commonwealth of
Virginia.

(11) “Supervisor” means one of the members of the governing
body of a district, elected or appointed in accordance with the pro-
visions of this act.

(12) “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.

Section 4. State Soil Conservation Committee—(a) There is
hereby established, to serve as an agency of the State and to perform
the functions conferred upon it in this act, the State soil conservation
committee. The committee shall consist of not less than four and not
more than five members. The following shall serve, ex officios, as
members of the committee: the director of the State agricultural
extension service, the director of the State agricultural experiment
station located at Blacksburg, and the State Commissioner of Agricul-
ture and Immigration. One member of the committee shall be ap-
pointed by the Governor, to serve at the pleasure of the Governor, for
a term coincident with that of the Governor making the appointment;
vacancies in the office of such appointed member shall be filled by the
Governor. The committee may invite the Secretary of Agriculture of
the United States of America to appoint one person to serve with the
above-mentioned members as a member of the committee; the term of
any member so appointed shall be for one year, except that an appoint-
ment to fill a vacancy shall be for the unexpired term. The committee
shall keep a record of its official actions, shall adopt a seal, which seal
shall be judicially noticed, and may perform such acts, hold such
public hearings, and promulgate such rules and regulations as may be
necessary for the execution of its functions under this act.

(b) The State soil conservation committee may employ an admin-
istrative officer and such technical experts and such other agents and
employees, permanent and temporary, as it may require, and shall de-
termine their qualifications, duties, and compensation. It shall have
authority to delegate to its chairman, to one or more of its members
or to one or more agents or employees, such powers and duties as it
may deem proper. Upon request of the committee, for the purpose
of carrying out any of its functions, the supervising officer of any
State agency, or of any State institution of learning shall, insofar as
may be possible under available appropriations, and having due regard
to the needs of the agency to which the request is directed, assign or
detail to the committee members of the staff or personnel of such
agency or institution of learning, and make such special reports, sur-
veys, or studies as the committee may- request.

(c) The committee shall designate its chairman, and may, from
time to time, change such designation. A majority of the committee
shall constitute a quorum, and the concurrence of a majority, present
at any meeting, in any matter within their duties shall be required for
its determination. The members of the committee shall receive no
compensation for their services on the committee, but shall be entitled
to expenses, including traveling expenses, necessarily incurred in the
discharge of their duties on the committee. The committee shall pro-
vide for the execution of surety bonds for all employees and officers
who shall be entrusted with funds or property; shall provide for the
keeping of a full and accurate record of all proceedings and of all
resolutions, regulations, and orders issued or adopted; and shall provide
for an annual audit, by the Auditor of Public Accounts, of the ac-
counts of receipts and disbursements of the committee.

(d) In addition to the duties and powers hereinafter conferred
upon the State soil conservation committee, it shall have the following
duties and powers:

(1) ‘To offer such assistance as may be appropriate to the super-
visors of soil conservation districts, organized as provided hereinafter,
in the carrying out of any of their powers and programs.

(2) To keep the supervisors of each of the several districts organ-
ized under the provisions of this act 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 co-
operation between them.

(3) To coordinate the programs of the several soil conservation
districts organized hereunder so far as this may be done by advice and
consultation.

(4) 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.

(5) To disseminate information throughout the State concerning
the activities and programs of the soil conservation districts, organized
hereunder, and to encourage the formation of such districts in areas
where their organization is desirable.

Section 5. Creation of Soil Conservation Districts—A majority of
the owners in fee simple of land lying within the limits of the territory
proposed to be so organized, which majority of owners shall also own
a majority of the acres of land within the limits of said territory, may
file a petition with the State soil conservation committee asking that
a soil conservation district be organized to function in the territory
described in the petition. Such petition shall set forth:

(1) The proposed name of said district;

(2) That there is need, in the interest of the public health, safety,
and welfare, for a soil conservation district to function in the ter-
ritory described in the petition;

(3) A description of the territory proposed to be organized as a
district, which description shall not be required to be given by metes
and bounds or by legal subdivisions, but shall be deemed sufficient if
generally accurate ;

(4) A request that the State soil conservation committee duly
define the boundaries for such district; that a referendum be held
within the territory so defined on the question of the creation of a
soil conservation district in such territory; and that the committee
determine that such a district be created.

(b) Where more than one petition is filed covering parts of the
same territory, the State soil conservation committee may consolidate
all or any such petitions.

(c) Within thirty (30) days after such a petition has been filed
with the State soil conservation committee, it shall cause due notice to
be given of a proposed hearing upon the question of the desirability
and necessity, in the interest of the public health, safety, and welfare, of
the creation of such district, upon the question of the appropriate
boundaries to be assigned to such district, upon the propriety of the
petition and other proceedings taken under this act, and upon all
questions relevant to such inquiries. All occupiers of land within the
limits of the territory described in the petition, and of lands within
any territory considered for addition to such described territory, and
all other interested parties, shall have the right to attend such hearings
and to be heard. If it shall appear upon the hearing that it may be
desirable to include within the proposed district territory outside of
the area within which due notice of the hearing has been given, the
hearing shall be adjourned and due notice of further hearing shall be
given throughout the entire area considered for inclusion in the district
and such further hearing held. After such hearing, if the committee
shall determine, upon the facts presented at such hearing and upon
such other relevant facts and information as may be available, that
there is need, in the interest of the public health, safety, and welfare,
for a soil conservation district to function in the territory considered
at the hearing, it shall make and record such determination, and shall
define, by metes and bounds or by legal subdivisions the boundaries
of such district. In making such determination and in defining such
boundaries, the committee shall give due weight and consideration to
the topography of the area considered and of the State, the composi-
tion of soils therein, the distribution of erosion, the prevailing land-use
practices, the desirability and necessity of including within the bounda-
ries the particular lands under consideration and the benefits such lands
may receive from being included within such boundaries, the relation
of the proposed area to existing watersheds and agricultural regions,
and to other soil conservation districts already organized or proposed
for organization under the provisions of this act, the existing political
subdivisions; and such other physical, geographical, and economic
factors as are relevant, having due regard to the legislative determina-
tions set forth in section two of this act. The territory to be included
within such boundaries need not be contiguous. If the committee shall
determine after such hearing, and after due consideration of the said
relevant facts, that there is no need for a soil conservation district to
function in the territory considered at the hearing, it shall make and
record such determination and shall deny the petition. After six
months shall have expired from the date of the denial of any such
petition, subsequent petitions covering the same or substantially the
same territory may be filed as aforesaid and new hearings held and
determinations made thereon.

(d) After the committee has made and recorded a determination
that there is need, in the interest of the public health, safety, and wel-
fare, for the organization of a district in a particular territory and has
defined the boundaries thereof, it shall consider the question whether
the operation of a district within such boundaries with the powers con-
ferred upon soil conservation districts in this act is administratively
practicable and feasible. To assist the committee in the determination
of such administrative practicability and feasibility, it shall be the
duty of the committee, within a reasonable time after entry of the
finding that there is need for the organization of the proposed district
and the determination of the boundaries thereof, to hold a referendum
within the proposed district upon the proposition of the creation of the
district, and to cause due notice of such referendum to be given. The
question shall be submitted by ballots upon which the words “For crea-
tion of a soil conservation district of the lands below described and
lying in the county (ies) Of........-.------------------- ANC... ee eeeeeeeeeeeeeeeeeeeeee
and “Against creation of a soil conservation district of the lands
below described and lying in the county(1es) of .....220..2222200--22------0+
ANC oon... eeeee eee eee ” shall be printed, with a square before each
proposition and a direction to insert a check mark (\/) or cross mark
(< or +) before one or the other of said propositions as the voter
may favor or oppose creation of such district. The ballot shall set
forth the boundaries of such proposed district as determined by the
committee. All owners of lands lying within the boundaries of the
territory, as determined by the State soil conservation committee, shall
be eligible to vote in such referendum. But no person shall be eligible
to vote in such elections or referendum whose land has already been
terraced at public expense.

(e) The committee shall pay all expenses for the issuance of such
notices and the conduct of such hearings and referenda, and _ shall
supervise the conduct of such hearings and referenda. It shall issue
appropriate regulations governing the conduct of such hearings and
referenda, and providing for the registration prior to the date of the
referendum of all eligible voters, or prescribing some other appropriate
procedure for the determination of those eligible as voters in such refer-
endum. No informalities in the conduct of such referendum or in
any matters relating thereto shall invalidate said referendum or the
result thereof if notice thereof shall have been given substantially as
herein provided and said referendum shall have been fairly conducted.

(f{) The committee shall publish the result of such referendum
and shall thereafter consider and determine whether the operation of
the district within the defined boundaries is administratively practicable
and feasible. If the committee shall determine that the operation of
such district is not administratively practicable and feasible, it shall
record such determination and deny the petition. If the committee shall
determine that the operation of such district is administratively prac-
ticable and feasible, it shall record such determination and shall pro-
ceed with the organization of the district in the manner hereinafter
provided. In making such determination the committee shall give due
regard and weight to the attitudes of the occupiers of lands lying
within the defined boundaries, the number of land owners eligible to
vote in such referendum who shall have voted, the proportion of the
votes cast in such referendum in favor of the creation of the district
to the total number of votes cast, the approximate wealth and income
of the land occupiers of the proposed district, the probable expense of
carrying on erosion-control operations within such districts, and such
other economic and social factors as may be relevant to such determina-
tion, having due regard to the legislative determinations set forth in
section two of this act; provided, however, that the committee shall not
have authority to determine that the operation of the proposed district
within the defined boundaries is administratively practicable and feasible
unless at least two-thirds of the votes cast in the referendum upon the
proposition of creation of the district shall have been cast in favor of
the creation of such district. ,

(g) If the committee shall determine that the operation of the
proposed district within the defined boundaries is administratively prac-
ticable and feasible, it shall appoint two (2) supervisors to act, with
the three (3) supervisors elected as provided hereinafter, as the govern-
ing body of the district. Such district shall be a governmental sub-
division of this State and a public body corporate and politic, upon the
taking of the following proceedings:

The two appointed supervisors shall present to the Secretary of
the Commonwealth an application signed by them, which shall set
forth (and such application need contain no detail other than the mere
recitals): (1) that a petition for the creation of the district was
filed with the State soil conservation committee pursuant to the pro-
visions of this act, and that the proceedings specified in this act were
taken pursuant to such petition; that the application is being filed in
order to complete the organization of the district as a governmental
subdivision and a public body corporate and politic, under this act;
and that the committee has appointed them as supervisors; the name
and official residence of each of the supervisors, together with a cer-
tified copy of the appointments evidencing their right to office; the
term of office of each of the supervisors; the name which is proposed
for the district; and the location of the principal office of the super-
visors of the district. The application shall be subscribed and sworn
to by each of the said supervisors before an officer authorized by the
laws of this State to take and certify oaths, who shall certify upon
the application that he personally knows the supervisors and knows
them to be the officers as affirmed in the application, and that each
has subscribed thereto in the officer’s presence. The application shall
be accompanied by a statement by the State soil conservation com-
mittee, which shall certify (and such statement need contain no detail
other than the mere recitals) that a petition was filed, notice issued, and
hearing held as aforesaid; that the committee did duly determine that
there is need, in the interest of the public health, safety, and welfare, for
a soil conservation district to function in the proposed territory and
did define the boundaries hereof; that notice was given and a reteren-
dum held on the question of the creation of such district, and that
the result of such referendum showed two-thirds of the votes cast in
such referendum to be in favor of the creation of the district; that
thereafter the committee did duly determine that the operation of the
proposed district is administratively practicable and feasible. The
said statement shall set forth the boundaries of the district as they
have been defined by the committee.

The Secretary of the Commonwealth shall examine the application
and statement and, if he finds that the name proposed for the district
is not identical with that of any other soil conservation district of this
State or so nearly similar as to lead to confusion or uncertainty, he
shall receive and file them and shall record the said application in an
appropriate book of record in his office. If the Secretary of the Com-
monwealth shall find that the name proposed for the district is identical
with that of any other soil conservation district of this State, or so
nearly similar as to lead to confusion and uncertainty, he shall certify
such fact to the State soil conservation committee, which shall thereupon
submit to the Secretary of the Commonwealth a new name for the said
district, which shall not be subject to such defects. Upon receipt of
such new name, free of such defects, the Secretary of the Common-
wealth shall record the application, with the name so modified, in an
appropriate book of record in his office. When the application and
statement have been made, filed, and recorded, as herein provided, the
district shall constitute a governmental subdivision of this State and a
public body corporate and politic. The Secretary of the Common-
wealth shall make and issue to the said supervisors a certificate, under
the lesser seal of the Commonwealth, of the due organization of the
said district and shall record such certificate with the application and
statement. The boundaries of such district shall include the territory
as determined by the State soil conservation committee as aforesaid, but
in no event shall they include any area included within the boundaries
of another soil conservation district organized under the provisions
of this act.

(h) After six (6) months shall have expired from the date of
entry of a determination by the State soil conservation committee that
operation of a proposed district is not administratively practicable and
feasible, and denial of a petition pursuant to such determination, sub-
sequent petitions may be filed as aforesaid, and action taken thereon
in accordance with the provisions of this act.

(1) Petitions for including additional territory within an existing
district may be filed with the State soil conservation committee, and
the proceedings herein provided for in the case of petitions to organ-
ize a district shall be observed in the case of petitions for such in-
clusion. The committee shall prescribe the form for such petitions,
which shall be as nearly as may be in the form prescribed in this act
for petitions to organize a district. Where the total number of land
owners in the area proposed for inclusion shall be less than twenty-five,
the petition may be filed when signed by a majority of such owners
and in such case no referendum need be held. In referenda upon peti-
tions for such inclusion, all owners of land lying within the proposed
additional area shall be eligible to vote.

(j) In any suit, action, or proceeding involving the validity or
enforcement of, or relating to, any contract, proceeding, or action of
the district, the district shall be deemed to have been established in
accordance with the provisions of this act upon proof of the issuance
of the aforesaid certificate by the Secretary of the Commonwealth.
A copy of such certificate duly certified by the Secretary of the Com-
monwealth shall be admissible in evidence in any such suit, action, or
proceeding and shall be proof of the filing and contents thereof.

Section 6. Election of Three Supervisors For Each District.—
Within thirty (30) days after the date of issuance by the Secretary
of the Commonwealth of a certificate of organization of a soil con-
servation district, nominating petitions may be filed with the State
soil conservation committee to nominate candidates for supervisors of
such district. The committee shall have authority to extend the time
which nominating petitions may be filed. No such nominating petition
shall be accepted by the committee, unless it shall be subscribed by
twenty-five (25) or more qualified electors residing within the bound-
aries of such district. Qualified electors may sign more than one
such nominating petition to nominate more than one candidate for
supervisor. The committee shall fix the time and give due notice
of an election to be held for the election of three supervisors for the
district. The names of all nominees, on behalf of whom such nominat-
ing petitions have been filed within the time herein designated, shall
be furnished the secretary of the electoral board of each county or city
which constitutes the said district, or a part of the said district. The
names of such nominees shall be printed upon ballots, which ballots
shall be printed, voted, counted and canvassed in conformity with
the provisions of general law relating to elections, except as herein
otherwise provided. If the said district embrace more than one county
or city, either in whole or in part, the results of the said election shall
be canvassed by the Board of State Canvassers; if the said election
be held at any other time other than that fixed for the general election
in November, the said canvass shall be made as in the case of a special
election to fill a vacancy. All qualified electors residing within the
district shall be eligible to vote in such election. The three candidates
who shall receive the largest number, respectively, of the votes cast
in such election shall be the elected supervisors for such district. The
committee shall pay all the expenses of such election, and shall publish,
or cause to be published within the said district, the results of the
election.

Section 7. Appointment, Qualifications and Tenure of Supervisors.
—The governing body of the district shall consist of five (5) super-
visors, elected or appointed as provided hereinabove. The two super-
visors appointed by the committee shall be persons who are by training
and experience qualified to perform the specialized skilled services
which will be required of them in the performance of their duties here-
under. One of the appointed supervisors shall be the county agricul-
tural agent of the county, or of one of the counties, constituting the
district, or a part thereof.

The supervisors shall designate a chairman and may, from time
to time, change such designation. The term of office of each supervisor
shall be three (3) years, except that the supervisors who are first ap-
pointed shall be designated to serve for terms of one and two years,
respectively, from the date of their appointment. A supervisor shall
hold office until his successor has been elected or appointed and has
qualified. Vacancies shall be filled for the unexpired term. The selec-
tion of successors to fill an unexpired term, or for a full term, shall be
made in the same manner in which the retiring supervisors shall, re-
spectively, have been selected. A majority of the supervisors shall
constitute a quorum and the concurrence of a majority of the super-
visors in any matter within their duties shall be required for its deter-
mination. A supervisor shall receive no compensation for his services,
but he shall be entitled to expenses, including traveling expenses, nec-
essarily incurred in the discharge of his duties.

The supervisors may employ a secretary-treasurer, whose qualifica-
tions shall be approved by the committee, technical experts, and such
other officers, agents, and employees, permanent and temporary, as
they may require, and shall determine their qualifications; duties, and
compensation. The supervisors may delegate to their chairman, to
one or more supervisors, or to one or more agents, or employees such
powers and duties as they may deem proper. The supervisors shall
furnish to the State soil conservation committee, upon request, copies
of such ordinances, rules, regulations, orders, contracts, forms, and
other documents as they shall adopt or employ, and such other informa-
tion concerning their activities as it may require in the performance
of its duties under this act.

The supervisors shall provide for the execution of surety bonds
for all employees and officers who shall be entrusted with funds or
property; shall provide for the keeping of a full and accurate record
of all proceedings and of all resolutions, regulations, and orders issued
or adopted; and shall provide for an annual audit of the accounts of
receipts and disbursements by the Auditor of Public Accounts or a
certified public accountant approved by him. Any supervisor may be
removed by the State soil conservation committee upon notice and
hearing for neglect of duty or malfeasance in office, but for no other
reason, or may be removed in accordance with the provisions of general
law.

The supervisors shall invite the legislative body of any municipality
or county located near the territory comprised 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 such municipality or
county.

Section 8. Powers of Districts and Supervisors.—A soil conserva-
tion district organized under the provisions of this act shall constitute
a governmental subdivision of this State, and a public body corporate
and politic, exercising public powers, and such district, and the super-
visors thereof, shall have the following powers, in addition to others
granted in other sections of this act:

(1) To conduct surveys, investigations, and research relating to
the character of soil erosion and the preventive and control measures
needed, to publish the results of such surveys, investigations, or re-
search, and to disseminate information concerning such preventive and
control measures ; provided, however, that in order to avoid duplication
of research activities, no district shall initiate any research program
except in cooperation with the government of this State or any of its
agencies, or with the United States or any of its agencies;

(2) To conduct demonstrational projects within the district on
lands owned or controlled by this State or any of its agencies, with
the consent and cooperation of the agency administering and having
jurisdiction thereof, and on any other lands within the district upon
obtaining the consent of the owner and occupier of ‘such lands or the
necessary rights or interests in such lands, in order to demonstrate by
example the means, methods, and measures by which soil and soil
resources may be conserved, and soil erosion in the form of soil wash-
ing may be prevented and controlled ;

(3) To carry out preventive and control measures within the
district including, but not limited to, engineering operations, methods
of cultivation, the growing of vegetation, changes in use of land, and
the measures listed in subsection (c) of section two of this act, on
lands’ owned or controlled by this State or any of its agencies, with
the consent and cooperation of the agency administering and having
jurisdiction thereof, and on any other lands within the district upon
obtaining the consent of the owner and occupier of such lands or the
necessary rights or interests in such lands;

(4) To cooperate, or enter into agreement with, and within the
limits of appropriations duly made available to it. by law, to furnish
financial or other aid to any agency, governmental or otherwise, or any
occupier of lands within the district, in the carrying on of erosion-
control and prevention operations within the district, subject to such
conditions as the supervisors may deem necessary to advance the pur-
poses of this act;

(5) To obtain options upon and to acquire, by purchase, exchange,
lease, gift, grant, bequest, devise, or otherwise, any property, real or
personal, or rights or interests therein; to maintain, administer, and
improve any properties acquired, to receive income from such properties
and to expend such income in carrying out the purposes and provisions
of this act; and to sell, lease, or otherwise dispose of any of its property
or interests therein in furtherance of the purposes and the provisions
of this act;

(6) To make available, on such terms as it shall prescribe, to land
occupiers within the district, agricultural and engineering machinery
and equipment, fertilizer, seeds, and seedlings, and such other material
or equipment, as will assist such land occupiers to carry on operations
upon their lands for the conservation of soil resources and for the
prevention and control of soil erosion;

(7) To construct, improve, and maintain such structures as may
be necessary or convenient for the performance of any of the opera-
tions authorized in this act;

(8) To develop comprehensive plans for the conservation of soil
resources and for the control and prevention of soil erosion within the
district, which plans shall specify in such detail as may be possible,
the acts, procedures, performances, and avoidances which are neces-
sary or desirable for the effectuation of such plans, including the
specification of engineering operations, methods ot cultivation, the
growing of vegetation, cropping programs, tillage practices, and changes
in use of land: and, after such plans have been approved by the State
Soil Conservation Committee, to publish such plans and information
and bring them to the attention of occupiers of lands within the
district ;

(9) To accept donations, gifts, and contributions in money, ser-
vices, materials, or otherwise, from the United States or any of its
agencies, or from this State or any of its agencies, or from any other
source, and to use or expend such moneys, services, materials, or other
‘contributions in carrying on its operations;

(10) To have a seal, which seal shall be judicially noticed; to
have perpetual succession unless terminated as hereinafter provided; to
make and execute contracts and other instruments, necessary or con-
venient to the exercise of its powers; to make, and from time to time
amend and repeal, rules and regulations not inconsistent with this act,
to carry into effect its purposes and powers;

(11) As a condition to the extending of any benefits under this
act to, or the performance of work upon, any lands not owned or
controlled by this State or any of its agencies, the supervisors may re-
quire contributions in money, services, materials, or otherwise to any
operations conferring such benefits, and may require land occupiers
to enter into and perform such agreements or covenants as to the
permanent use of such lands as will tend to prevent or control erosion
thereon.

Section 9. Adoption of Land-use Regulations—(a) The super-
visors of any district shall have authority to formulate regulations
governing the use of lands within the district in the interest of con-
serving soil and soil resources and preventing and controlling soil
erosion. The supervisors may conduct such public meetings and public
hearings upon tentative regulations as may be necessary to assist
them in this work. The supervisors shall not have authority to enact
such land-use regulations into law until after they shall have caused
due notice to be given of their intention to conduct a referendum for
submission of such regulations to the occupiers of lands lying within
the boundaries of the district for their indication of approval or dis-
approval of such proposed regulations, and until after the supervisors
have considered the result of such referendum. The proposed regula-
tions shall be embodied in a proposed ordinance or ordinances. Copies
of each such proposed ordinance shall be available for the inspection
of all eligible voters during the period between publication of such
notice and the date of the referendum. The notices of the referendum
shall recite the contents of each such proposed ordinance, or shall state
where copies of each such proposed ordinance may be examined. The
question as to each ordinance shall be submitted by ballots, upon which
the words “For approval of proposed ordinance No. ...0..---cccc.---
prescribing land-use regulations for conservation of soil and prevention
of erosion” and “Against approval of proposed ordinance No.
neteeeeeeeeeeeeceeeeeene prescribing land-use regulations for conservation of soil
and prevention of erosion” shall be printed, with a square before each
proposition and a direction to insert a check mark (\/) or cross mark
(X or +) in the square before one or the other of said propositions
as the voter may favor or oppose approval of such proposed ordinance.
The supervisors shall supervise such referendum, shall prescribe ap-
propriate regulations governing the conduct thereof, and shall publish
the result thereof. All occupiers of lands within the district shall be
eligible to vote in such referendum. Only such land occupier shall
be eligible to vote. No informalities in the conduct of such referendum
or in any matters relating thereto shall invalidate said referendum or
the. result thereof if notice thereof shall have been given substantially
as herein provided and said referendum shall have been fairly conducted.

(b) The supervisors shall not have authority to enact any such
proposed ordinance into law unless at least two-thirds of the votes cast
in such referendum shall have been cast for approval of the said pro-
posed ordinance. The approval of any proposed ordinance by two-
thirds of the votes cast in such referendum shall not be deemed to
require the supervisors to enact such proposed ordinance into law.
Land-use regulations prescribed in ordinances adopted pursuant to the
provisions of this section by the supervisors of any district shall have
the force and effect of law in the said district and shall be binding and
obligatory upon all occupiers of lands within such districts.

(c) Any occupier of land within such district may at any time
file a petition with the supervisors asking that any or all of the land-
use regulations prescribed in any ordinance adopted by the supervisors
under the provisions of this section shall be amended, supplemented,
or repealed, land-use regulations prescribed in any ordinance adopted
pursuant to the provisions of this section shall not be amended, supple-
mented, 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 regula-
tions shall not be held more often than once in six (6) months.

(d) The regulations to be adopted by the supervisors under the
provisions of this section may include:

(1) Provisions requiring the carrying out of necessary engineering
operations, including the construction of terraces, terrace outlets, check
dams, dikes, ponds, ditches, and other necessary structures ;

(2) Provisions requiring observance of particular methods of
cultivation including contour cultivating, contour furrowing, lister fur-
rowing, sowing, planting, strip cropping, seeding, and planting of lands
to water-conserving and erosion-preventing plants, trees and grasses,
forestation, and reforestation ; |

(3) Specifications of cropping programs and tillage practices to
be observed ;

(4) Provisions requiring the retirement from cultivation of
highly erosive areas or of areas on which erosion may not be adequately
controlled if cultivation is carried on;

(5) Provisions for such other means, measures, operations, and
programs as 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 section two of this act.

(e) The regulations shall be uniform throughout the territory
comprised within the district except that the supervisors may classify
the lands within the district with reference to such factors as soil type,
degree of slope, degree of erosion threatened or existing, cropping
and tillage practices in use, and other relevant factors, and may pro-
vide 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 occupiers of lands lying within the district.

Section 10. Enforcement of Land-Use Regulations—The super-
visors shall have authority to go upon any lands within the district to
determine whether land-use regulations adopted under the provisions
of section nine of this act are being observed.

Section 11. Performance of Work Under the Regulations by the
Supervisors.—Where the supervisors of any district shall find that any
of the provisions of land-use regulations prescribed in an ordinance
adopted in accordance with the provisions of section nine hereof are not
being observed on particular lands, and that such non-observance tends
to increase erosion on such lands and is interfering with the prevention
or control of erosion on other lands within the district, the supervisors
may file a bill in equity in the circuit court of the county, or in a court
having equity jurisdiction in the city, in which such lands, or the greater
part thereof, are located.

The bill shall be duly verified, and shall set forth the adoption of
the ordinance prescribing land-use regulations, the failure of the de-
fendant land occupier or owner to observe such regulations, and to
perform particular work, operations, or avoidances as required there-
by, and that such non-observance tends to increase erosion on such
lands and is interfering with the prevention or control of erosion on
other lands within the district, and praying the court to require the de-
fendant to perform the work, operations, or avoidances within a rea-
sonable time and to order that if the defendant shall fail so to perform
the supervisors may go on the land, perform the work or other opera-
tions or otherwise bring the condition of such lands into conformity with
the requirements of such regulations, and recover the costs and expenses
thereof, with interest, from the occupier or owner of such land provided
the occupier is financially able to pay the said costs and expenses. If
it would be a burden upon him to do so, then the costs and expenses
shall be borne by the party performing the work, or to be paid for from
funds received from some other source or sources. If it shall appear
to the court that testimony is necessary for the proper disposition of the
matter, it may take evidence, or appoint a referee to take such evidence
as it may direct and report the same to the court with his findings of
fact and conclusions of law, which shall constitute a part of the pro-
ceedings upon which the determination of the court shall be made.
The court may dismiss the bill; or it may require the defendant to per-
form the work, operations, or avoidances, and may provide that upon
the failure of the defendant to initiate such performance within the
time specified in the order of the court, and to prosecute the same to
completion with reasonable diligence, the supervisors may enter upon
the lands involved and perform the work or operations or otherwise
bring the condition of such lands into conformity with the requirements
of the regulations and recover the costs and expenses thereof, with
interest at the rate of five per centum per annum, from the occupier
of such lands. In all cases where the person in possession of lands,
who shall fail to perform such work, operations, or avoidances shall not
be the owner, the owner of such lands shall be joined as party defendant.
The court shall retain jurisdiction of the case until after the work
has been completed. Upon completion of such work pursuant to such
order of the court the supervisors may file a petition with the court,
a copy of which shall be served upon the defendant in the case, stating
the costs and expenses sustained by them in the performance of the
work and praying judgment therefor with interest. The court shall
have jurisdiction to enter judgment for the amount of such costs and
expenses, with interest at the rate of five per centum per annum until
paid, together with the costs of suit. Provided, however, that no costs
or charges shall be allowed by the court against the property on which
such work is done as will result in confiscation of said land, and im-
provements thereon, or will be in excess of the value of the improve-
ments to said property by reason of said project, as determined by the
court, and the court may take testimony as provided in this section;
and provided, further, should this restriction in costs and charges as-
sessed against the land owner prevent control of erosion on the lands
of others within said district, nothing in this act shall prohibit the con-
tribution of funds to be used for this purpose by other land owners,
or the use of any other funds available for this purpose from any source
whatsoever, and the supervisors may supplement the amount chargeable
against the land on which said project is to be had from such funds
as may be available for this purpose. The attorney or the attorneys
for the Commonwealth of the county or counties in which the suits or
actions under this act may arise shall represent the supervisors or
districts in such suits or actions; and provided, further, if the land
owner has a reasonable objection or is financially unable to pay for
same, then the board of supervisors, or other governing body of the
county in which the said land or the greater part thereof is situated
shall first certify that in its opinion the said objection is not reasonable
or the owner is financially able to pay, before any cost or costs for
doing such work shall be assessed against him, otherwise the cost for
doing such work shall be paid by the parties doing the work or from
some other source or sources, and an appeal from the action of the
board of supervisors may be taken by either party to the proceeding
to the circuit court of the county in which the land or the greater part
thereof lies, in accordance with the action on appeals in this act.

Section 12. Board of Adjustment.—(a) Where the supervisors of
any district organized under the provisions of this act shall adopt any
ordinance prescribing land-use regulations in accordance with the pro-
visions of section nine hereof, they shall further provide by ordinance
for the establishment of a board of adjustment. Such board of ad-
justment shall consist of three (3) members, each to be appointed for
a term of three (3) years, except that the members first appointed shall
be appointed for terms of one, two, and three years, respectively. The
members of each such board of adjustment shall be appointed by the
State soil conservation committee, with the advice and approval of the
supervisors of the district for which such board has been established,
and shall be removable, upon notice and hearing, for neglect of duty or
malfeasance in office, but for no other reason, such hearing to be con-
ducted jointly by the State soil conservation committee and the super-
visors of the district. Vacancies in the board of adjustment shall be
filled in the same manner as original appointments, and shall be for the
unexpired term of the member whose term becomes vacant. Members
of the State soil conservation committee and the supervisors of the dis-
trict shall be ineligible to appointment as members of the board of ad-
justment during their tenure of such other office. The members of
the board of adjustment shall receive compensation for their services at
the rate of three dollars ($3.00) per day for their time spent on the
work of the board, in addition to expenses, including traveling expenses,
necessarily incurred in the discharge of their duties. The supervisors
shall pay the necessary administrative and other expenses of operation
incurred by the board, upon the certificate of the chairman of the board.

(b) The board of adjustment shall adopt rules to govern its
procedures, which rules shall be in accordance with the provisions of
this act and with the provisions of any ordinance adopted pursuant to
this section. The board shall designate a chairman from among its
members, and may, from time to time, change such designation. Meet-
ings of the board shall be held at the call of the chairman and at such
other times as the board may determine. Any two (2) members of the
board shall constitute a quorum. The chairman, or in his absence such
other member of the board as he may designate to serve as acting chair-
man, may administer oaths and compel the attendance of witnesses.
All meetings of the board shall be open to the public. The board shall
keep a full and accurate record of all proceedings, of all documents
filed with it, and of all orders entered, which shall be filed in the office
of the board and shall be a public record.

(c) Any land occupier may file a petition with the board of ad-
justment alleging that there are great practical difficulties or unneces-
sary hardship in the way of his carrying out upon his lands the strict
letter of the land-use regulations prescribed by any ordinance approved
by the supervisors, and praying the board to authorize a variance from
the terms of the land-use regulations in the application of such regula-
tions to the lands occupied by the petitioner. Copies of such petition
shall be served by the petitioner upon the chairman of the supervisors
of the district within which his lands are located and upon the chairman
of the State soil conservation committee. The board of adjustment
shall fix a time for the hearing of the petition and cause due notice of
such hearing to be given. The supervisors of the district and the State
soil conservation committee shall have the right to appear and be heard
at such hearing. Any occupier of lands lying within the district who
shall object to the authorizing of the variance prayed for may inter-
vene and become a party to the proceedings. Any party to the hear-
ing before the board may appear in person, by agent, or by attorney.
If, upon the facts presented at such hearing, the board shall determine
that there are great practical difficulties or unnecessary hardship in the
way of applying the strict letter of any of the land-use regulations upon
the lands of the petitioner, it shall make and record such determination
and shall make and record findings of fact as to the specific conditions
which establish such great practical difficulties or unnecessary hardship.
Upon the basis of such findings and determination, the board shall have
power by order to authorize such variance from the terms of the land-
use regulations, in their application to the lands of the petitioner, as
will relieve such great practical difficulties or unnecessary hardship and
will not be contrary to the public interest and such that the spirit of
the land-use regulations shall be observed, the public health, safety,
and welfare secured, and substantial justice done.

(d) Any petitioner aggrieved by an order of the board granting
or denying in whole or in part, the relief sought, the supervisors of the
district, or any intervening party, may file a petition for a review of
such order in the circuit court of the county, or.in a court having equity
jurisdiction in the city, in which the land is located, praying that the
order of the board be modified or set aside. A copy of such petition
shall forthwith be served upon the parties to the hearing before the
board and thereupon the party seeking review shall file in the court a
transcript of entire record in the proceedings, certified by the board,
including the documents and testimony upon which the order com-
plained of was entered, and the findings, determination, and order of
the board. Upon such filing, the court shall cause notice thereof to be
served upon the parties and shall have jurisdiction of the proceedings
and of the questions determined or to be determined therein, and shall
have power to grant such temporary relief as it deems just and proper.
and to hear such additional evidence as is material and to make and
enter an order enforcing, modifying, and enforcing as so modified, or
setting aside, in whole or in part, the order of the board.

The jurisdiction of the court shall be exclusive and its order shall
be final, except that appeal shall lie from such order to the Supreme
Court of Appeals in the manner provided by law for appeals in equity
cases.

Section 13. Cooperation Between Districts.—The supervisors of any
two or more districts organized under the provisions of this act may
cooperate with one another in the exercise of any or all powers con-
ferred in this act.

Section 14. State Agencies to Cooperate-—Agencies of this State
which shall have jurisdiction over, or be charged with the administra-
tion of, any State-owned lands, and of any county, or other govern-
mental subdivision of the State, which shall have jurisdiction over, or be
charged with the administration of, any county-owned or other publicly
owned lands, lying within the boundaries of any district organized here-
under, shall cooperate to the fullest extent with the supervisors of such
districts in the effectuation of programs and operations undertaken by
the supervisors under the provisions of this act. The supervisors of
such districts shall be given free access to enter and perform work upon
such publicly owned lands. The provisions of land-use regulations
adopted pursuant to section nine of this act shall have the force and
effect of law over all such publicly owned lands, and shall be in all re-
spects observed by the agencies administering such lands.
Section 15. Discontinuance of Districts—-(a) At any time after
two (2) years after the organization of a district under the provisions
of this act, any twenty-five (25) owners of land lying within the boun-
daries of such district may file a petition with the State soil conserva-
tion committee praying that the operations of the district be terminated
and the existence of the district discontinued. The committee may con-
duct such public meetings and public hearings upon such petition as
may be necessary to assist it in the considerations thereof. Within
sixty (60) days after such a petition has been received by the com-
mittee it shall give due notice of the holding of a referendum, and
shall supervise such referendum, and issue appropriate regulations gov-
erning the conduct thereof, the question to be submitted by ballots upon

which the words “For terminating the existence of the -................. (name
of the soil conservation district to be here inserted)” and “Against
terminating the existence of the.........0...2.......- (name of the soil con-

servation district to be here inserted)” shall be printed, with a square
before each proposition and a direction to insert a check mark (\/)
or cross mark (X or +) in the square before one or the other of said
propositions as the voter may favor or oppose discontinuance of such
district. All owners of lands lying within the boundaries of the district
shall be eligible to vote in such referendum. Only such land owners
shall be eligible to vote. No informalities in the conduct of such ref-
erendum or in any matters relating thereto shall invalidate said refer-
endum or the result thereof if notice thereof shall have been given sub-
stantially as herein provided and said referendum shall have been fairly
conducted.

(b) The committee shall publish the result of such referendum
and shall thereafter consider and determine whether the continued
operation of the district within the defined boundaries is administra-
tively practicable and feasible. If the committee shall determine that
the continued operation of such district is administratively practical and
feasible, it shall record such determination and deny the petition. If
the committee shall determine that the continued operation of such
district is not administratively practicable and feasible, it shall record
such determination and shall certify such determination to the super-
visors of the district. In making such determination the committee
shall give due regard and weight to the attitudes of the owners of
lands lying within the district, the number of land owners eligible to
vote in such referendum who shall have voted, the proportion of the
votes cast in such referendum in favor of the discontinuance of the
district to the total number of votes cast, the approximate wealth and
income of the land occupiers of the district, the probable expense
of carrying on erosion control operations within such district, and
such other economic and social factors as may be relevant to such
determination, having due regard to the legislative findings set forth
in section two of this act; provided, however, that the committee shall
not have authority to determine that the continued operation of the
district is administratively practicable and feasible unless at least a
majority of the votes cast in the referendum shall have been cast in
favor of the continuance of such district.

(c) Upon receipt from the State soil conservation committee of
a certification that the committee has determined that the continued
operation of the district is not administratively practicable and feasible,
pursuant to the provisions of this section, the supervisors shall forthwith
proceed to determine the affairs of the district. The supervisors shall
dispose of all property belonging to the district at public auction and
shall pay over the proceeds of such sale to be covered into the State
treasury. The supervisors shall thereupon file an application, duly veri-
fied, with the Secretary of the Commonwealth, for the discontinuance
of such district, and shall transmit with such application the certificate
of the State soil conservation committee setting forth the determination
of the committee that the continued operation of such district is not
administratively practicable and feasible. The application shall recite
that the property of the district has been disposed of and the proceeds
paid over as in this section provided, and shall set forth a full account-
ing of such properties and proceeds of the sale. The Secretary of the
Commonwealth shall issue to the supervisors a certificate of dissolu-
tion and shall record such certificate in an appropriate book of record
in his office.

(d) Upon issuance of a certificate of dissolution under the pro-
visions of this section, all ordinances and regulations theretofore adopt-
ed and in force within such district shall be of no further force and
effect. All contracts theretofore entered into, to which the district or
supervisors are parties, shall remain in force and effect for the period
provided in such contracts. The State soil conservation committee shall
be substituted for the district or supervisors as party to such contracts.
The committee shall be entitled to all benefits and subject to all liabili-
ties under such contracts and shall have the same right and liability
to perform, to require performance, to sue and be sued thereon, and
to modify or terminate such contracts by mutual consent or otherwise,
as the supervisors of the district would have had. Such dissolution
shall not affect the lien of any judgment entered under the provisions
of section eleven of this act, nor the pendency of any action instituted
under the provisions of such section, and the committee shall succeeed
to all the rights and obligations of the district or supervisors as to such
liens and actions.

(e) The State soil conservation committee shall not entertain
petitions for the discontinuance of any district nor conduct elections
upon such petitions nor make determinations pursuant to such peti-
tions in accordance with the provisions of this act, more often than once
in five (5) years.

Section 16. For the purpose of providing the funds necessarv to
enable the committee to administer, and to assist the districts in adminis.
tering the provisions of this act, there is hereby appropriated out of!
any moneys in the State treasury not otherwise appropriated, the surr
of twenty-five thousand dollars, or so much thereof as may be neces-
sary, for the biennium beginning July first, nineteen hundred and thirty-
eight. All payments out of this appropriation shall be made by the
Treasurer of Virginia on warrants of the Comptroller issued upon
vouchers signed by the chairman of the committee or by such other per-
son or persons as shall be designated by the committee. Apportion-
ment of funds to districts to assist the districts in administering the pro-
visions of this act shall be made by the committee upon the basis of acre-
age or upon such other equitable basis as may be designated by the com-
mittee.

Section 17. If any provision of this act, or the application of any
provision to any person or circumstance, is held invalid, the remainder
of the act, and the application of such provision to other person or
circumstances, shall not be affected thereby.

Section 18. Inconsistency With Other Acts——Insofar as any of the

provisions of this act are inconsistent with the provisions of any other
law, the provisions of this act shall be controlling.