An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1964 |
---|---|
Law Number | 512 |
Subjects |
Law Body
CHAPTER 512
An Act to amend and reenact §§ 21-8, 21-6 through 21-14, 21-17, 21-18,
21-20 through 21-28, 21-26 through 21-81, 21-81.1, 21-88, 21-34, 21-86,
21-88, 21-41, 21-48, 21-45, 21-47, 21-49, 21-51, 21-58, 21-61, 21-65,
21-88, 21-89, 21-92, 21-98, 21-101, 21-108, 21-106 through 21-112,
21-112.1, 21-112.2, 21-112.8, 21-112.4, 21-112.6 through 21-112.14, 21-
112.17, 21-112.19, 21-112.20, as severally amended, of the Code of
Virginia, relating generally to conservation of soil and water and to
watershed improvement.
[H 5389]
Approved March 31, 1964
Be it enacted by the General Assembly of Virginia:
1. That §§ 21-3, 21-6 through 21-14, 21-17, 21-18, 21-20 through 21-23,
21-26 through 21-31, 21-31.1, 21-33, 21-34, 21-36, 21-38, 21-41, 21-48,
21-45, 21-47, 21-49, 21-51, 21-53, 21-61, 21-65, 21-88, 21-89, 21-92, 21-93,
21-101, 21-103, 21-106 through 21-112, 21-112.1, 21-112.2, 21-112.3,
21-112.4, 21-112.6 through 21-112.14, 21-112.17, 21-112.19 and 21-112.20,
as severally amended, be amended and reenacted as follows:
21-3. Whenever used or referred to in this chapter, unless a dif-
ferent 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) “* Commission” or “*Virginia Soil and Water Conservation *
Commission” means the agency created in § 21-6.
(2a) The word “county” shall include “city’ unless the context clearly
indicates otherwise.
(3) “District” or “soil and water conservation district” means a gov-
ernmental subdivision of this State, and a public body corporate and
politic, organized in accordance with the provisions of this chapter, for
the purposes, with the powers, and subject to the restrictions hereinafter
set forth.
(4) “Due notice” means notice published at least twice, with an inter-
val of at least seven days between the two publication dates, in a news-
paper or other publication of general circulation within the appropriate
area, or if no such publication of general circulation be available, by post-
ing 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 {ime without the necessity of renewing such notice for such adjourned
ates.
(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, of 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 chapter, in the capacity of owner, lessee, renter,
tenant, or cropper. Provided that the term “land occupier” or ‘‘occupier
of lands” shall not be construed to include an ordinary employee or hired
hand who may be furnished a dwelling, garden, utilities, supplies, or the
like, as part payment, or payment in full, for his labor.
(7) “Nominating petition” means a petition filed under the provi-
sions of § 21-33 to nominate candidates for the office of supervisor of a
soil and water conservation district.
(8) “Petition” means a petition filed under the provisions of § 21-12
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 Vir-
ginia.
(11) “Supervisor” means one of the members of the governing body
of a district, elected or appointed in accordance with the provisions of this
chapter.
(12) “United States” or ‘agencies of the United States” includes the
United States of America, the United States Department of Agriculture,
and any other agency or instrumentality, corporate or otherwise, of the
United States of America.
§ 21-6. There is established, to serve as an agency of the State and
to perform the functions conferred upon it in this chapter, the * Virginia
Soil and Water Conservation * Commission. The * Commission shall consist
of not less than eleven and not more than twelve members. The following
shall serve, ex officio, as members of the * Commission: the Director of
Conservation and Economic Development, the Director of the State Agri-
cultural extension service, the Director of the State agricultural experiment
station located at Blacksburg, and the State Commissioner of Agriculture
and Immigration. One member of the * Commission shall be appointed 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. Six members of
the * Commission shall be farmers, appointed by the Governor from a list
of twelve qualified nominees submitted by the Executive Committee of the
Association of Soil and Water Conservation Districts and the * Virginia
Soil and Water Conservation * Commission in joint session, each for a
term of three years. Members in office on June 27, 1960, shall continue in
office for the terms for which appointed. Members appointed initially to
fill the vacancies created by this section as hereby amended shall serve for
one, two and three years respectively. Other appointments to fill vacancies
shall be made in the same manner as described above, except that such ap-
pointments shall be for the unexpired terms only. The * Commission may
invite the * Virginia State Conservationist, Soil Conservation Service to
serve * as * an advisory, non-voting member of the * Commission *. The *
Commission 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 chapter.
§ 21-7. The * Virginia Soil and Water Conservation * Commission,
subject to the provisions of chapter 9 (§ 2-78 et seq.) of Title 2, may
employ an administrative officer and such technical experts and such other
agents and employees, permanent and temporary, as it may require, and
shall determine their qualifications, duties, and compensation. It shall have
authority to create an executive committee and to delegate to * the chair-
man of the Commission, or to such Committee or to one or more * agents
or employees, such powers and duties as it may deem proper. Upon request
of the * Commission, 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 * Commission members of the staff or per-
sonnel of such agency or institution of learning, and make such special re-
ports, surveys, or studies as the * Commission may request.
§ 21-8. The * Commission shall designate its chairman, and may,
from time to time, change such designation. A majority of the * Commis-
sion shall constitute a quorum, and the concurrence of a majority * in any
matter within their duties shall be required for its determination. The mem-
bers of the * Commission shall receive no compensation for their services
on the * Commission, but shall be entitled to expenses, including traveling
expenses, necessarily incurred in the discharge of their duties on the *
Commission.
§ 21-9. The * Commission 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 a-
dopted; and shall provide for an annual audit, by the Auditor of Public
Accounts, of the accounts of receipts and disbursements of the * Commis-
sion.
§ 21-10. In addition to the duties and powers hereinafter conferred
upon the * Virginia Soil and Water Conservation * Commission, it shall
have the following duties and powers:
(1) To offer as a gift or loan such financial and other assistance as
may be appropriate to the supervisors of soil and water conservation dis-
tricts, 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 organized
under the provisions of this chapter informed of the activities and experi-
ence of all other districts organized hereunder, and to facilitate an inter-
change of advice and experience between such districts and cooperation
between them.
(3) To coordinate the programs of the several soil and water conser-
vation 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 dis-
tricts.
(5) To disseminate information throughout the State concerning the
activities and programs of the soil and water conservation districts, or-
ganized hereunder, and to encourage the formation of such districts in
areas where their organization is desirable.
(6) To furnish aid and assistance to persons, associations, and cor-
porations who or which are engaged in furthering the programs of the
several soil and water conservation districts, and to aid, encourage and
assist in the establishment and operation of such associations and corpora-
tions, and to furnish financial assistance to the officers and members of
such associations and corporations in the discharge of their duties as such
officers and members.
(7) To relocate the boundaries of a district which has been estab-
lished when necessary to the best interests of such district. Every such
action shall be reported to the Secretary of the Commonwealth and the pro-
visions of § 21-29 shall apply, mutatis mutandis, in any such case.
§ 21-11. In addition to the other powers and authority conferred
and the duties imposed upon it by this chapter, the * Commission is
authorized and it is its duty to purchase, operate and maintain necessary
machinery and other equipment suitable for engineering and other opera-
tions incident to soil and water conservation and other purposes of the
* Commission to the extent of the appropriation therefor. The * Commis-
sion shall have the custody and control of the machinery and other
equipment, and shall provide storage for it, and it shall be available to
the districts upon such terms as the * Commission prescribes, provided
that in addition to such other terms as the * Commission may from time
to time prescribe, it shall have authority to execute rental-purchase
contracts with individual districts with respect to the equipment, whereby
the title to machinery and other equipment purchased under authority
of this law may be transferred to such district when approved by the *
Commission; and provided further, that it may, in its discretion sell the
same to any person upon such terms and conditions as it may deem
proper. The income derived from the sale or rental provided for in this
section and in § 21-65 shall be paid into the State treasury, segregated,
and placed in a revolving fund for use for * machinery and other equip-
ment, operations, and any other use for conservation as the Commission
may determine: provided, that no such other use shall be made without
me specific approval of the Commission and the written approval of the
overnor.
§ 21-12. 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 such territory, may file a petition with the * Virginia Soil and Water
Conservation * Commission asking that a soil and water conservation
district be organized to function in the territory described in the petition.
§ 21-13. The petition shall set forth:
(1) The proposed name of the district;
(2) That there is need, in the interest of the public health, safety,
and welfare, for a soil and water conservation district to function in the
territory 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 * Virginia Soil and Water Conservation *
Commission 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 and water conservation district in such territory; and that the *
Commission determine that such a district be created.
Where more than one petition is filed covering parts of the same
territory the * Commission may consolidate all or any such petitions.
§ 21-14. Within thirty days after such a petition has been filed with
the * Virginia Soil and Water Conservation * Commission, 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 chapter, and upon
all questions relevant to such inquiries.
21-17. After such hearing, if the * Commission 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
intercst of the public health, safety, and welfare, for a soil and water
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 *
Commission shall give due weight and consideration to the topography of
the area considered and of the State, the composition of soils therein,
the distribution of erosion, the prevailing land-use practices, the desir-
ability and necessity of including within the boundaries 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 and
water conservation districts already organized or proposed for organization
under the provisions of this chapter, the existing political subdivisions;
and such other physical, geographical, and economic factors as are
relevant, having due regard to the legislative determinations set forth
in § 21-2. The territory to be included within such boundaries need not be
contiguous.
e 21-18. If the * Commission shall determine after such hearing,
and after due consideration of the relevant facts, that there is no need
for a soil and water conservation district to function in the territory
considered at the hearing, it shall make and record such determination and
shall deny the petition.
§ 21-20. After the * Commission has made and recorded a deter-
mination that there is need, in the interest of the public health, safety,
and welfare, 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
conferred upon soil and water conservation districts in this chapter is
administratively practicable and feasible. To assist the * Commission in
the determination of such administrative practicability and feasibility,
it shall be the duty of the * Commission, 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 or such referendum to
e given.
§ 21-21. The question shall be submitted by ballots upon which the
words “For creation of a soil and water conservation district of the lands
below described and lying i in the county (ies) OV CULY (TES) OF anna eeccecnarenecseeee eevee
FD 0X6 re and “Against creation of a soil and water
conservation district of the lands below described and lying in the
county(ies) or city (tes) Of nce cece and... ... 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 the
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 * Commission.
21-22. All owners of land lying within the boundaries of the
territory, as determined by the * Virginia Soil and Water Conservation *
Commission, shall be eligible to vote in such referendum. *
§ 21-23. The * Commission 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.
§ 21-26. The * Commission shall publish the result of such referen-
dum and shall thereafter consider and determine whether the operation
of the district within the defined boundaries is administratively practicable
and feasible. If the * Commission 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 * Commission
shall determine that the operation of such district is administratively
practicable and feasible, it shall record such determination and shall
proceed with the organization of the district in the manner hereinafter
provided. In making such determination the * Commission shall give due
regard and weight to the attitudes of the occupiers of lands lying within
the defined boundaries, the number of landowners 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 determination, having due regard
to the legislative determinations set forth in § 21-2; provided, however,
that the * Commission 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.
§ 21-27. If the * Commission shall determine that the operation of
the proposed district within the defined boundaries is administratively
practicable and feasible, it shall appoint two supervisors to act, with
the three supervisors elected as provided hereinafter, as the governing
body of the district.
§ 21-28. Such district shall be a governmental subdivision of this
State and a public body corporate and politic, upon the taking of the
proceedings set out in this and the following section.
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 *
Virginia Soil and Water Conservation * Commission pursuant to the
provisions of this chapter, and that the proceedings specified in this chapter
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 on a public body corporate and politic, under this chapter;
and that the * Commission has appointed them as supervisors; the name
and official residence of each of the supervisors, together with a certified
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 supervisors of the
district. The application shall be subscribed and sworn to by each of the
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 *
Commission, 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 * Commission did duly determine
that there is need, in the interest of the public health, safety, and welfare,
for a soil and water conservation district to function in the proposed
territory and did define the boundaries thereof; that notice was given
and a referendum 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 * Commission did duly determine that the operation
of the proposed district is administratively practicable and feasible. The
statement shall set forth the boundaries of the district as they have been
defined by the * Commission.
§ 21-29. 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 and water conservation
district of this State or so nearly similar as to lead to confusion or uncer-
tainty, he shall receive and file them and shall record the 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 and water conservation district of this State,
or so nearly similar as to lead to confusion and uncertainty, he shall
certify such fact to the * Virginia Soil and Water Conservation * Com-
mission, which shall thereupon submit to the Secretary of the Common-
wealth a new name for the district, which shall not be subject to such
defects. Upon receipt of such new name, free of such defects, the Secre-
tary of the Commonwealth shall record the application, with the name so
modified, in an appropriate book of record in his office. When the applica-
tion 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 Commonwealth
shall make and issue to the supervisors a certificate, under the lesser seal
of the Commonwealth, of the due organization of the district and shall
record such certificate with the application and statement. The boundaries
of such district shall include the territory as determined by the * Com-
mission as aforesaid, but shall not include any area included within the
boundaries of another soil and water conservation district organized under
the provisions of this chapter, except in the case of the division of an
existing district as provided in this article. The name of any soil and
water conservation district may be changed if a petition for such change
is subscribed by twenty-five or more landowners from each county or city
comprising the district and adopted by resolution of the supervisors at
any regular meeting. The supervisors shall submit a copy of such resolu-
tion to the * Commission and, if the * Commission concurs, it shall present
the resolution, together with a statement certifying its concurrence, to the
Secretary of the Commonwealth who, if it be free from such defects as
outlined herein, shall file the resolution and issue a new (or amended)
certificate of organization.
§ 21-30. After six months shall have expired from the date of entry
of a determination by the * Virginia Soil and Water Conservation * Com-
mission that operation of a proposed district is not administratively prac-
ticable and feasible, and denial of a petition pursuant to such determina-
tion, subsequent petitions may be filed as aforesaid, an action taken
thereon in accordance with the provisions of this chapter.
§ 21-81. Petitions for including additional territory within an exist-
ing district may be filed with the * Commission and the proceedings herein
provided for in case of petitions to organize a district shall be observed
in the case of petitions for such inclusion. The * Commission shall pre-
scribe the form for such petitions, which shall be as nearly as may be in
the form prescribed in this article for petitions to organize a district.
Where the total number of landowners in an area proposed for inclusion
shall be less than twenty-five or being more than twenty-five and a major-
ity of all such owners sign a petition for inclusion, the petition may be
filed when so signed and in such case no referendum need be held. In
referenda upon petitions for such inclusion, all owners of lands lying
within the proposed additional area shall be eligible to vote.
§ 21-31.1. Petitions to divide an existing district for the purpose of
reorganizing the territory along new district lines may be filed with the
* Commission for their approval or disapproval. Such a petition may be
filed, upon being subscribed by twenty-five landowners from each county
or city of the district desiring to be divided from the existing district
and concurred in by the district board of supervisors. The * Commission
shall prescribe the form for such petitions, which shall be as nearly as
may be in the form prescribed in this article for petitions to organize a
district. Should the * Commission approve the petition it shall hold a hear-
ing, after giving notice thereof in a newspaper of general circulation in
each county or city of such district, upon the question of the desirability
and necessity, in the interest of the public health, safety and welfare of
the division of such district.
After such hearing, if the * Commission 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
public health, safety and welfare, for the division of such soil and water
conservation district, it shall make and record such determination and
shall define by metes and bounds or by legal subdivisions the boundaries
of the district described in the petition. The * Commission shall appoint
two supervisors for the new district composed of the counties or cities in
which the petitioners reside in accordance with § 21-27. With the excep-
tion of the provisions relating to referenda, §§ 21-28 and 21-29 shall be
applicable to the newly created district.
If the * Commission shall determine after such hearing, and after due
consideration of the relevant facts that there is no need for a soil and
water conservation district to function in the territory considered at the
hearing, it shall make and record such determination and shall deny the
petition.
§ 21-33. Within thirty days after the date of issuance by the Secre-
tary of the Commonwealth of a certificate of organization of a soil and
water conservation district, nominating petitions may be filed with the *
Virginia Soil and Water Conservation * Commission to nominate candi-
dates for supervisors of such district. The * Commission shall have author-
ity to extend the time which nominating petitions may be filed.
§ 21-34. No such nominating petition shall be accepted by the *
Commission, unless it shall be subscribed by twenty-five or more qualified
electors residing within the boundaries of such district
§ 21-36. The * Commission shall fix the time and give due notice of
an election to be held for the election of three supervisors for the district.
§ 21-38. If the district embrace more than one county or city, either
in whole or in part, the result of the election shall be canvassed by the *
State Board of Elections; if the election be held at any other time than
that fixed for the general ‘election in November, the canvass shall be made
as in the case of a special election to fill a vacancy.
§ 21-41. The expenses of such elections shall be paid by the counties
or cities concerned; provided that if the election be held at any other time
than that fixed for the general election in November, such expenses shall
be paid by the * Commission. The State Board of Elections shall publish,
or cause to be published within the district, the results of the election.
§ 21-43. The two supervisors appointed by the * Commission shall
be persons who are by training and experience qualified to perform the
specialized skilled services which will be required of them in the perform-
ance of their duties hereunder. One of the appointed supervisors shall be
the * agricultural agent of the county or city, or of one of the counties
or cities constituting the district, or a part thereof. Other appointed and
elected supervisors shall reside within the boundaries of the district.
§ 21-45. The term of office of each supervisor shall be three years,
except that the supervisors who are first appointed 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. The selection of successors to fill
a full term, shall be made in accordance with § 21-27 or the preceding
sections of this article, whichever is applicable. Vacancies shall be filled
for the unexpired term. The * Commission may fill vacancies in elective
supervisor positions by appointment for the unexpired term.
§ 21-47. The supervisors may employ a secretary-treasurer, whose
qualifications shall be approved by the * Commission, technical experts,
and such other officers, agents and employees, permanent and temporary,
as they may require, and shall determine their qualifications, duties and
compensation.
§ 21-49. The supervisors shall furnish to the * Virginia Soil and
Water Conservation * Commission, upon request, copies of such ordinances,
rules, regulations, orders, contracts, forms, and other documents as they
shall adopt or employ, and such other information concerning their activi-
ties as it may require in the performance of its duties under this chapter.
§ 21-51. Any supervisor may be removed by the * Virginia Soil and
Water Conservation * Commission upon notice and hearing for neglect
of duty or malfeasance in office, but for no other reason, or may be re-
moved in accordance with the provisions of general law.
§ 21-53. A soil and water conservation district organized under the
provisions of this chapter shall constitute a governmental subdivision of
this State, and a public body corporate and politic, exercising public
powers; and such district, and the supervisors thereof, in addition to the
powers granted in other sections of this chapter, shall have the powers
set out in the following sections of this article.
§ 21-61. They shall have power to develop comprehensive programs
and plans for the conservation of soil resources and for the control and
prevention of soil erosion and for flood prevention or agricultural phases
of the conservation, development, utilization, and disposal of water within
the district, which programs and plans shall specify in such detail as may
be possible, the acts, procedures, performances, and avoidances which are
necessary or desirable for the effectuation of such programs and plans, in-
cluding the specification of engineering operations, methods of cultivation,
the growing of vegetation, cropping programs, tillage practices, and
changes in use of land; and, after such programs and plans have been ap-
proved by the * Virginia Soil and Water Conservation * Commission, to
publish such programs and plans, and information, and bring them to the
attention of occupiers of lands within the district.
§ 21-65. The district supervisors shall have authority to rent the
machinery and other equipment made available to them by the * Commis-
sion to the governing bodies of counties, cities, to individuals, or to groups
of individuals to be used by them for the purpose of soil and water con-
servation upon such terms as the district supervisors deem proper.
§ 21-88. 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 re-
sult in confiscation of the land, and improvements thereon, or will be in
excess of the value of the improvements to the property by reason of the
project, as determined by the court, and the court may take testimony as
provided in this article; and provided, further, should this restriction in
costs and charges assessed against the landowner prevent control of erosion
on the lands of others within the district, nothing in this chapter shall
prohibit the contribution of funds to be used for this purpose by other
landowners, 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 the project is to be had from such
funds as may be available for this purpose. If the landowner has a reason-
able objection or is financially unable to pay for same, then the * govern-
ing body of the county or city in which the land or the greater part thereof
is situated shall first certify that in its opinion the objection is not reason-
able 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. An appeal from the action of the * governing
body may be taken by either party to the proceeding to the circuit court
of the county or the corporation court of the city in which the land or the
greater part thereof lies, in accordance with § 21-105.
§ 21-89. The attorney or the attorneys for the Commonwealth of the
county or * city in which the suits or actions under this chapter may arise
shall represent the supervisors or districts in such suits or actions.
§ 21-92. The members of each such board of adjustment shall be
appointed by the * Virginia Soil and Water Conservation * Commission,
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 rea-
son, such hearing to be conducted jointly by the * Commission and the
supervisors 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.
§ 21-98. Members of the * Virginia Soil and Water Conservation *
Commission and the supervisors of the district shall be ineligible to appoint-
ment as members of the board of adjustment during their tenure of such
other office.
§ 21-101. 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 * Virginia Soil and Water
Conservation * Commission.
§ 21-103. The supervisors of the district and the * Virginia Soil and
Water Conservation * Commission 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 intervene
and become a party to the proceedings. Any party to the hearing before
the board may appear in person, by agent, or by attorney.
§ 21-106. At any time after two years after the organization of a
district under the provisions of this chapter, any twenty-five owners of
land lying within the boundaries of such district may file a petition with
the * Virginia Soil and Water Conservation * Commission praying that the
operations of the district be terminated and the existence of the district
discontinued.
§ 21-107. The * Commission may conduct such public meetings and
public hearings upon such petition as may be necessary to assist it in the
considerations thereof.
§ 21-108. Within sixty days after such a petition has been received
by the * Commission it shall give due notice of the holding of a referen-
dum and shall supervise such referendum, and issue appropriate regula-
tions governing the conduct thereof, the question to be submitted by bal-
lots upon which the words ‘‘For terminating the existence of the ....................
(name of the soil and water conservation district to be here inserted) ” and
“Against terminating the existence of the ....................... (name of the soil and
water conservation district to be here inserted)” shall be printed, with a
square before each proposition and a direction to insert a check mark (V/)
or cross mark Cx or -++) in the square before one or the other of such
propositions as the voter may favor or oppose discontinuance of such dis-
trict. All owners of lands lying within the boundaries of the district shall
be eligible to vote in such referendum. Only such landowners shall be
eligible to vote. No informalities in the conduct of such referendum or in
any matters relating thereto shall invalidate such referendum or the result
thereof if notice thereof shall have been given substantially as herein
provided and such referendum shall have been fairly conducted.
§ 21-109. The * Commission shall publish the result of such referen-
dum and shall thereafter consider and determine whether the continued
operation of the district within the defined boundaries is administratively
practicable and feasible. If the * Commission shall determine that the con-
tinued operation of such district is administratively practical and feasible,
it shall record such determination and deny the petition. If the * Commis-
sion shall determine that the continued operation of such district is not
administratively practicable and feasible, it shall record such determina-
tion and shall certify such determination to the supervisors of the district.
In making such determination the * Commission shall give due regard and
weight to the attitudes of the owners of lands lying within the district, the
number of landowners 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 approx-
imate 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
§ 3-18; provided, however, that the * Commission 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.
§ 21-110. Upon receipt from the * Virginia Soil and Water Conser-
vation * Commission of a certification that the * Commission has deter-
mined that the continued operation of the district is not administratively
practicable and feasible, pursuant to the provisions of this article, 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 applica-
tion, duly verified, with the Secretary of the Commonwealth, for the dis-
continuance of such district, and shall transmit with such application the
certificate of the * Commission setting forth the determination of the *
Commission that the continued operation of such district is not adminis-
tratively 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 accounting of such
properties and proceeds of the sale. The Secretary of the Commonwealth
shall issue to the supervisors a certificate of dissolution and shall record
such certificate in an appropriate book of record in his office.
§ 21-111. Upon issuance of a certificate of dissolution under the
provisions of this article, all ordinances and regulations theretofore
adopted 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 * Virginia Soil and Water Conservation *
Commission shall be substituted for the district or supervisors as party
to such contracts. The * Commission shall be entitled to all benefits and
subject to all liabilities under such contracts and shall have the same right
and liability to perform, to require performance, to sue and be sued there-
on, and to modify or terminate such contracts by mutual consent or other-
wise, as the supervisors of the district would have had. Such dissolution
shall not affect the lien of any judgment entered under the provisions of
§ 21-88, nor the pendency of any action instituted under the provisions of
§ 21-88, and the * Commission shall succeed to all the rights and obliga-
tions of the district or supervisors as to such liens and actions.
§ 21-112. The * Virginia Soil and Water Conservation * Commission
shall not entertain petitions for the discontinuance of any district nor
conduct elections upon such petitions nor make determinations pursuant
to such petitions in accordance with the provisions of this chapter, more
often than once in five years.
§ 21-112.1. Whenever within a soil and water conservation district
or districts it is found that soil conservation will be promoted by the con-
struction of improvements to check erosion and stabilize the runoff of
surface water, a small watershed improvement district may be established
within such soil and water conservation district or districts in accordance
with the provisions of this article.
§ 21-112.2. Any twenty-five owners of land lying within the limits
of a proposed watershed improvement district, or a majority of such
owners if their number be less than fifty, may file a petition with the
supervisors of the soil and water conservation district or districts in
which the proposed watershed improvement district is situated asking
that a watershed improvement district be organized to function in the
territory described in the petition. The petition shall set forth:
(1) The proposed name of the watershed improvement district;
(2) That there is need, in the interest of the public health, safety,
and welfare, for a watershed improvement district to function in the
territory described in the petition;
(3) A description of the territory proposed to be organized as a
watershed improvement district, which description shall be deemed suffi-
cient if generally accurate;
(4) That the territory described in the petition is contiguous and is
in the same watershed;
(5) A request that the territory described in the petition be organ-
ized as a watershed improvement district.
Land lying within the limits of one watershed improvement district
shall not be included in another watershed improvement district.
§ 21-112.3. Within thirty days after such petition has been filed
with the supervisors of the soil and water conservation district or districts,
they shall cause due notice to be given of a hearing upon the practicability
and feasibility of creating the proposed watershed improvement district.
All owners of land within the proposed watershed improvement district
and all other interested parties shall have the right to attend such a hear-
ing and to be heard. If the supervisors shall determine from the hearing
that there is need, in the interest of the public health, safety, and welfare,
for the organization of the proposed watershed improvement district, th
shall record such determination and shall define the boundaries of su
watershed improvement district. The provisions of article 3 (§ 21-12 et
seq.) of this chapter shall apply, mutatis mutandis, to such proceedings.
§ 21-112.4. If the supervisors determine that a need for the proposed
watershed improvement district exists and after they define the boun-
daries of the proposed district, they shall consider the question of whether
the operation of the proposed watershed improvement district is adminis-
tratively practicable and feasible. To assist the supervisors in determining
such question, a referendum shall be held upon the proposition of the
creation of the proposed watershed improvement district. Due notice of
such referendum shall be given by the supervisors, and ballots therefor
shall be in substantially the form set forth in § 21-21, but the watershed
improvement district and name thereof shall be substituted for the soil
and water conservation district. All owners of land lying within the boun-
daries of the proposed watershed improvement district shall be eligible to
vote in such referendum. The supervisors may prescribe such rules and
regulations governing the conduct of such hearing and referendum as they
deem to be necessary.
§ 21-112.6. If the supervisors shall determine * that operation of
the proposed watershed improvement district is administratively prac-
ticable and feasible, they shall declare the watershed improvement district
to be duly organized and shall record such fact in their official minutes.
Following such entry in their official minutes, the supervisors shall certify
the fact of the organization of the watershed improvement district to the *
Virginia Soil and Water Conservation * Commission, and shall furnish a
copy of such certification to the * clerk of each county or city in which
any portion of the watershed improvement district is situated for recor-
dation in the public land records of each such county or city; and the
watershed improvement district shall thereupon constitute a governmental
subdivision of this State, and a public body corporate and politic.
§ 21-112.7. If a proposed watershed improvement district is situated
in more than one soil and water conservation district, copies of the peti-
tion shall be presented to the supervisors of all the soil and water conser-
vation districts in which such proposed watershed improvement district
is situated, and the supervisors of all such soil and water conservation
districts affected shall act jointly as a board of supervisors with respect
to all matters concerning such watershed improvement district, including
its organization. Such watershed improvement district shall be organized
in like manner and shall have the same powers and duties as a watershed
improvement district situated entirely in one soil and water conservation
istrict.
§ 21-112.8. Petitions for including additional territory within an
existing watershed improvement district may be filed with supervisors of
the soil and water conservation district or districts in which the watershed
improvement district is situated, and in such cases the provisions hereof
with respect to petitions to organize the watershed improvement district
shall be observed to the extent deemed practicable by such supervisors.
In referenda upon petitions for such inclusion, all owners of land situated
in the proposed additional territory shall be eligible to vote; and no addi-
tional territory shall be included in an existing watershed improvement
district unless owners of land representing two-thirds of the acreage pro-
posed to be included vote in favor thereof.
§ 21-112.9. The supervisors of the soil and water conservation dis-
trict or districts in which the watershed improvement district is situated
shall be the governing body of the watershed improvement district. They
may appoint, in consultation with and subject to the approval of the *
Virginia Soil and Water Conservation * Commission, three trustees, who
shall be the owners of land within the watershed improvement district, to
carry on the business of the watershed improvement district. The trustees
so appointed shall exercise such administrative duties and powers as may
be delegated to them by the supervisors of the soil and water conservation
district or districts. The trustees shall hold office at the will of the super-
visors of the soil and water conservation district or districts and the *
Virginia Soil and Water Conservation * Commission. The trustees shall
designate a chairman and may, from time to time, change such designa-
tion. One of the trustees may be selected as treasurer and shall then be
responsible for the safekeeping of all the funds of the watershed improve-
ment district. When a watershed improvement district lies in more than
one soil and water conservation district, the supervisors of all such dis-
tricts pm act jointly as the governing body of the watershed improve-
ment district.
§ 21-112.10. The trustees may, with the approval of the supervisors
of the soil and water conservation district or districts, employ such
officers, agents, and other employees as they may require, and shall
determine their qualifications, duties and compensation. The supervisors
shall provide for the execution of surety bonds for the treasurer and such
other trustees, officers, agents, and employees as shall be entrusted with
funds or property of the watershed improvement district; and shall
provide for the making and publication of an annual audit of the accounts
of receipts and disbursements of the watershed improvement district.
§ 21-112.11. A watershed improvement district organized under the
provisions of this article shall constitute a governmental subdivision of
this State, and a public body corporate and politic, exercising public
powers, and such watershed improvement district shall have all of the
powers of the soil and water conservation district or districts in which
the watershed improvement district is situated, and in addition thereto
shall have the authority to levy and collect a tax as hereinafter provided,
to be used for the purposes for which the watershed improvement district
was created. No tax shall be levied under this article unless two-thirds
of the owners of land, which two-thirds’ owners shall also represent
ownership of at least two-thirds of the land area in such district, voting
in a referendum called and held under § 24-141 approve the levy of a tax
to be expended for the purposes of the watershed improvement district.
§ 21-112.12. On or before the first day of March of each year the
trustees of the watershed improvement district shall make an estimate
of the amount of money it deems necessary to be raised by a tax on
real estate in such district for the year and shall, after approval by the
supervisors of the soil and water conservation district or districts and the
* Virginia Soil and Water Conservation * Commission, levy a tax on
real estate in such watershed improvement district. The trustees of the
watershed improvement district shall make up a land book of all of the
real estate subject to such watershed improvement district tax. A separate
book shall be made for each county or city, if the said district is located
in more than one county or city. The assessed valuation of all real estate
located in a watershed improvement district for said district tax purposes
shall be the same assessed valuation that is used for the general county
or city levy; provided, however, if a watershed improvement district is
located in two or more counties or cities and there is a disparity of assessed
valuations between the counties or cities, the governing body of the
watershed improvement district may petition the judge or judges of the
circuit courts wherein the said district is located to appoint such person
or persons to assess all of the real estate in the said watershed improve-
ment district. The compensation of such person or persons shall be
prescribed by the governing body of said district and paid out of the funds
of said district. The assessments made under the provisions of this section
may only be used for the watershed improvement district tax and shall
in no way affect any county or city assessment or levies. The tax rate
in said watershed improvement district shall be determined annually by
the governing body of said district on or before the date fixed by law
for the determining of the general * levy by the * governing body of the
counties or cities in which such district 1s situated. The land book or books
of all real estate subject to said district tax, along with the tax rate fixed
by the governing body of said district, shall be certified to the county
or city treasurer or treasurers by the governing body of said watershed
improvement district on or before the first day of September of each year.
§ 21-112.18. The special tax so levied shall be collected at the same
time and in the same manner as county or city taxes with the proceeds
therefrom to be kept in a separate account by the county or city treasurer
identified by the official name of the watershed improvement district.
Expenditures from such account may be made with the approval of the
supervisors of the soil and water conservation district or districts on
requisition from the chairman and the treasurer of the board of trustees
of the watershed improvement districts.
§ 21-112.14. The governing body of any watershed improvement
district shall have power, subject to the conditions and limitations of
this article, to incur indebtedness, borrow funds, and issue bonds of such
watershed improvement district. The circuit court or courts of such
county or * city, or the judge or judges thereof in vacation, wherein said
watershed improvement district is located, upon the petition of a majority
of the members of the governing body of said watershed improvement
district, shall make an order requiring the judges of election at the next
election regularly prescribed by law, or at any other time not less than
thirty days from the date of such order, which shall be designated therein,
to open a poll and take the sense of the landowners of the district on the
question whether the said governing body shall incur indebtedness or
issue bonds for one or more of the purposes for which the watershed
Improvement district was created.
§ 21-112.17. The type of indebtedness incurred or bonds issued shall
be that adopted by the governing body of the watershed improvement
district and approved by the * Virginia Soil and Water Conservation *
Commission and the Commission on Local Debt.
§ 21-112.19. The powers herein granted to watershed improvement
districts shall be additional to the powers of the soil and water con:
servation district or districts in which the watershed improvement district
is situated; and the soil and water conservation district or districts shall
be authorized, notwithstanding the creation of the watershed improvement
district, to continue to exercise its powers within the watershed improve-
ment district.
§ 21-112.20. A watershed improvement district shall have power
in the manner hereinabove set forth, to incur debts and repay the same
over such period of time and at such rate or rates of interest, not exceed:
ing six per centum, as the lender or lenders agree to. Any such watershec
improvement district may accept, receive and expend gifts, grants or loans
from whatever source received. In addition, they shall have the sam
powers, to the extent necessary, within the watershed improvement distric’
that the soil and water conservation district or districts in which the same
is located exercises or may possess.