CHAPTER 3. Resource Conservation Districts [9151. - 9491.]

Chapter 3 added by Stats. 1975, Ch. 513.

§§ 9151–9491 · 88 sections

1. ARTICLE 1. Lands Included §§ 9151–9155 · 5 sections

   • § 9151 A resource conservation district may be formed pursuant to this division to provide resource conservation services for the protection, conservation,…
   • § 9152 The lands included in a district shall be those that further the purpose of this chapter, including, but not limited to, those purposes specified in Sections…
   • § 9153 The lands included in any one district need not be contiguous. No lands may be included in more than one district.
   • § 9154 The lands included in any one district may be situated in one or more counties.
   • § 9155 The lands included in a district may be publicly owned or privately owned.
2. ARTICLE 2. Initiation §§ 9161–9168 · 8 sections

   • § 9161 (a) A new district may be formed pursuant to this chapter. (b) A proposal to form a district may be made by a petition of registered voters or by the adoption…
   • § 9162 A proposal to form a new district may be made by petition which shall do all of the following: (a) State that the proposal is made and request that proceedings…
   • § 9163 (a) Before circulating any petition, the chief petitioners shall publish a notice of intention which shall include a written statement not to exceed 500 words…
   • § 9164 The petition shall be signed by not less than 10 percent of the registered voters residing in the area to be included in the district, as determined by the…
   • § 9165 A petition may consist of a single instrument or separate counterparts. The chief petitioner or petitioners shall file the petition, including all…
   • § 9166 (a) Within 30 days after the date of filing a petition, the executive officer of the local agency formation commission shall cause the petition to be examined…
   • § 9167 (a) A proposal to form a new district may also be made by the adoption of a resolution of application by the legislative body of any county or city which…
   • § 9168 Once the chief petitioners have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission…
3. ARTICLE 3. Election and Formation §§ 9181–9190 · 10 sections

   • § 9181 (a) If the local agency formation commission approves the formation of a district, with or without amendment, wholly, partially, or conditionally, the…
   • § 9182 (a) Notwithstanding Section 9181, if the board of supervisors of the principal county finds that the petition filed with the executive officer of the local…
   • § 9183 (a) Within five days after the district formation election has been called, the board of supervisors of each county within which territory of the proposed…
   • § 9184 (a) (1) The chief petitioners, the agency filing the resolution, or any member or members of the board of supervisors authorized by the board, any individual…
   • § 9185 (a) The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to…
   • § 9186 The notice of the election published pursuant to subdivision (c) of Section 9181 shall contain all of the following: (a) The date of the election. (b) The name…
   • § 9187 (a) Except as otherwise provided in this division, the formation election and the election of members of the district board shall be held and conducted in…
   • § 9188 If the majority of the votes cast at the election is in favor of forming the district, the board or boards of supervisors shall by resolution entered on its…
   • § 9189 Immediately after adoption of a resolution pursuant to Section 9188, the clerk of the board of supervisors of the principal county shall transmit a certified…
   • § 9190 (a) No informality in any proceeding, including informality in the conduct of any election not substantially affecting adversely the legal rights of any…
4. ARTICLE 4. Initial Board of Directors §§ 9201–9206 · 6 sections

   • § 9201 The initial board of directors of a district formed on or after January 1, 1992, shall be determined pursuant to this article.
   • § 9202 In the case of a district which contains only unincorporated territory in a single county, the district board may be elected or may be appointed by the county…
   • § 9203 In the case of a district which contains only unincorporated territory in more than one county, the district board may be elected or may be appointed by the…
   • § 9204 In the case of a district which contains unincorporated territory and the territory of one or more cities, the district board may be elected or appointed by…
   • § 9205 In the case of a district which includes only incorporated territory within a single city, the district board may be elected or appointed by the city council.
   • § 9206 In the case of a district which includes only incorporated territory in more than one city, the district board may be elected or appointed by the city councils…
5. ARTICLE 7. District Directors §§ 9301–9317 · 18 sections

   • § 9301 (a) The board of directors shall consist of five, seven, or nine directors. The number of directors may be changed by resolution adopted by a majority of the…
   • § 9301.1 (a) Notwithstanding Section 9301, the local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more…
   • § 9302 Each director shall take the oath of office.
   • § 9303 The directors shall receive no compensation for their services as such, but each shall be allowed reasonable and necessary expenses incurred in attendance at…
   • § 9304 No director or other officer of the district shall be interested directly or indirectly in the sale of equipment, materials, or services to the district.
   • § 9305 After all have qualified the directors first elected shall meet and classify themselves by lot into two classes as nearly equal in number as possible. The term…
   • § 9306 After such classification the directors shall organize and elect a president from their number who shall serve as such at the pleasure of the directors.
   • § 9307 The directors shall appoint a secretary who shall serve at the pleasure of, and whose compensation shall be fixed by, the directors.
   • § 9308 The directors shall select a date, time, and place at which regular monthly meetings of the directors shall be held. Upon the completion of all the foregoing…
   • § 9309 The directors may, by resolution, change the time or place of regular meeting but no such change shall be effective until after a notice of the change is…
   • § 9310 Special meetings of the directors may be held as required when ordered by a majority of the directors. The order shall be entered in the records of the…
   • § 9311 The order for a special meeting shall specify the business to be transacted. No other business shall be transacted at a special meeting unless all of the…
   • § 9312 A majority of the directors shall constitute a quorum but on all questions requiring a vote there shall be a concurrence of at least the number constituting a…
   • § 9313 (a) All meetings of the directors shall be open to the public. All records of the district shall be open to public inspection during business hours. (b) A…
   • § 9314 (a) The term of office of the directors, except those first elected, shall be four years. The expiration of the term of any director does not constitute a…
   • § 9315 Resignations of directors shall be made in writing to the board of supervisors of the principal county.
   • § 9316 In case of a vacancy in the office of director appointed pursuant to Section 9314, the vacancy shall be filled, as provided in Section 9314, by appointment for…
   • § 9317 Notwithstanding any other provision of law, a vacancy in the office of a director who has been elected shall be filled pursuant to Section 1780 of the…
6. ARTICLE 8. General District Elections §§ 9351–9359 · 9 sections

   • § 9351 “General district election” is the district election required to be held on the first Tuesday after the first Monday in November in each even-numbered year, at…
   • § 9352 (a) Directors shall be registered voters in the state. (b) Except as provided in subdivision (d), directors shall (1) reside within the district and either own…
   • § 9353 Except as otherwise provided in the chapter, districts governed by this chapter are subject to the provisions of the Uniform District Election Law.
   • § 9354 Elected directors shall qualify within 20 days from the date of receipt of their certificates of election by taking the oath.
   • § 9355 The directors so elected and qualified shall take office at noon on the last Friday in November following their election.
   • § 9356 (a) Except as provided in subdivision (b), directors shall be elected at large. (b) A district may, by ordinance, provide for the election of directors by…
   • § 9357 Members of county boards of supervisors shall not be eligible to simultaneously hold office as a district director.
   • § 9358 Nomination of candidates shall be in writing and signed by at least five landowners of the district. Nominations shall be filed with the county elections…
   • § 9359 Except as election of directors by division may be provided pursuant to Section 9356, all registered voters in a district shall be qualified electors and…
7. ARTICLE 9. General Powers of District §§ 9401–9420 · 23 sections

   • § 9401 The board of directors of a district shall manage and conduct the business and affairs of the district.
   • § 9402 The directors shall be empowered to conduct surveys, investigations, and research relating to the conservation of resources and the preventive and control…
   • § 9403 The directors may accept gifts and grants of money from any source whatsoever to carry out the purposes of the district.
   • § 9403.5 The directors may establish and charge fees for services provided by the district to, and upon the request of, persons or governmental entities. No fee shall…
   • § 9404 The directors may execute all necessary contracts. They may employ such agents, officers, and employees as may be necessary, prescribe their duties, and fix…
   • § 9405 The directors may acquire by purchase, lease, contract, or gift all lands and property necessary to carry out the plans and works of the district. The…
   • § 9406 The directors may take conveyances, leases, contracts, or other assurances for all property acquired by the district, in the name, and for the uses and…
   • § 9407 The directors may sue and be sued in the name of the district and may appear in person or by counsel.
   • § 9408 (a) The directors may cooperate and enter into contracts or agreements with the state, the United States, any county, any city, any other resource conservation…
   • § 9409 The directors may make improvements or conduct operations on public lands, with the cooperation of the agency administering and having jurisdiction thereof,…
   • § 9410 The directors may operate and maintain, independently or in cooperation with the United States or this state or any state agency or political subdivision or…
   • § 9411 The directors may disseminate information relating to soil and water conservation and erosion stabilization, and those purposes identified in Sections 9001 and…
   • § 9412 Each district may provide technical assistance to private landowners or land occupants within the district to support practices that minimize soil and related…
   • § 9413 (a) Each district may develop a long-range work plan, annual work plan, and annual district report, as provided in this section. These plans and the annual…
   • § 9413.5 Each district may enter into an interagency agreement with a state agency, for purposes of this chapter, consistent with the requirements of Chapter 3…
   • § 9414 The directors may accept, by purchase, lease, or gift, and administer any project or program consistent with Sections 9001 and 9151 located within the district…
   • § 9415 The directors may manage, as agents of the United States or any of its agencies, or of this state or any of its agencies, any project or program consistent…
   • § 9416 The directors may establish standards of cropping and tillage operations and range practices on private land as a condition to expenditure by the district of…
   • § 9417 (a) The directors of any district may cooperate with the directors of any other district in respect to matters of common interest or benefit to the districts.…
   • § 9417.5 It is the intent of the Legislature that concerned state agencies, in cooperation with resource conservation districts and other appropriate local entities,…
   • § 9418 The directors of any district may call upon the district attorney of the principal county for legal advice and assistance in all matters concerning the…
   • § 9419 (a) The directors may engage in activities designed to promote a knowledge of the principles of resource conservation throughout the district and for that…
   • § 9420 The board of directors of a district may appoint advisory committees to provide technical assistance in addressing soil and related resource problems, to…
8. ARTICLE 10. Property of District §§ 9451–9457 · 7 sections

   • § 9451 The legal title to all property acquired by a district under the provisions of this division shall immediately and by operation of law vest in such district,…
   • § 9452 The directors are hereby authorized and empowered to hold, use, acquire, manage, occupy and possess property of any kind, and may lease or sell it as provided…
   • § 9453 The directors may determine by resolution entered upon their minutes that any property, real or personal, held by such district is no longer necessary to be…
   • § 9454 Notwithstanding anything to the contrary in Section 9453, the directors may lease district equipment to any other public district for use by such public…
   • § 9455 A sale or conveyance of any property held by a resource conservation district, executed by the president and secretary thereof, in accordance with a resolution…
   • § 9456 The proceeds of a sale described in Section 9455 shall be paid into the county treasury of the principal county for the use of the district, or to the district…
   • § 9457 The board of directors shall adopt purchasing policies and procedures governing the purchase of supplies and equipment as required by Sections 54201 through…
9. ARTICLE 11. Inclusion of Lands § 9481 · 1 section

   • § 9481 The inclusion of additional lands in a district shall be made in accordance with the District Reorganization Act of 1965, Division 1 (commencing with Section…
10. ARTICLE 12. Dissolution § 9491 · 1 section

    • § 9491 A district may be dissolved in accordance with the provisions of the District Reorganization Act of 1965, Division 1 (commencing with Section 56000) of Title 6…