Section 857 - Powers of districts and directorsThe directors of a district shall have the following powers in addition to those granted in other sections of this act:
(1) To conduct surveys, investigations and research relating to the character of soil erosion and the preventive control measures needed and to publish the results of such surveys, investigation or research, and disseminate information concerning such preventive and control measures after securing approval from the commission and to provide notification and documentation to the commission to avoid duplication of existing work;(2) To employ the necessary personnel to properly conduct the operations of the district and provide adequate and necessary insurance coverage for directors and employes, and appropriate fringe benefits for employes, provided funds are available for such purposes;(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 drainage operations on lands owned or controlled by this Commonwealth 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 written consent of the owner and occupier of such lands or the necessary rights or interests in such lands;(4) To cooperate or enter into agreements with, and to furnish financial or other aid to, any agency, governmental or otherwise, or any occupier of lands within the district in carrying on erosion and sediment control and prevention operations and other best management practices, for effective conservation and utilization of the lands within the district, subject to such conditions as the directors may deem necessary to advance the purposes of this act: Provided, however, That such agreements are within the limits of available funds or within appropriations made available to it by law;(5) To obtain options upon, and to acquire by purchase, exchange, lease, gift, grant, bequest, devise or otherwise, any property real or personal or right 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; to sell, lease or otherwise dispose of any of its property or interests therein; and to borrow and invest money and to apply for, receive and use low-interest loans 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 effective conservation and utilization 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 operations authorized in this act;(8) To assist and advise owners and occupiers of land in developing and/or implementing plans for storm water management, water use, water management and water pollution control, soil erosion control and conservation of water and soil resources, including recommended engineering practices, cultivation methods, cropping programs, tillage practices and changes of land use;(9) To assist and advise county and municipal governments in subdivision and land development reviews, developing and implementing storm water management plans and programs and in administering programs for flood control, flood plain management, water use, water management and water pollution control and other natural resource concerns;(9.1) To engage in any of the following activities: wetland construction and maintenance; reclamation of mine lands; reclamation of soil erosion; water management; management of parks, trails and related facilities; management of forest lands and roads; road maintenance; odor management and air quality; development of alternative energy resources; or any other natural resource program approved by the commission. Nothing in this subsection is intended to diminish, limit or interfere with the authority provided State agencies under other laws of this Commonwealth;(10) To conduct educational programs relating to any natural resource program approved by the conservation district and to publish related educational materials;(11) To accept, upon approval by the commission, any authority delegated by municipal or county governments, the Commonwealth or Federal Government;(12) To sue and be sued in the name of the district; to have perpetual succession unless terminated as hereinafter provided; to make policies and procedures necessary or convenient to the exercise of its powers and to make and execute contracts and other instruments necessary or convenient 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;(13)(a) As a condition to extending any benefits under this act, or to the performance of work upon any lands not owned or controlled by the Commonwealth or any of its agencies, the board of directors may require 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 long term use of such lands as will tend to prevent or control accelerated erosion thereon.(b) On lands owned or controlled by the Commonwealth or any of its agencies, the Commonwealth, at its sole discretion, may agree to fee schedules for work performed by the district for State-delegated program duties specifically related to earth disturbance, erosion and sediment control or stream encroachments.(c) To enter into a contract or agreement with Federal, State, county and local Governments for payment for work performed or services rendered by the district consistent with this act.(14) No provisions with respect to the acquisition, operation or disposition of property by other public bodies shall be applicable to a district organized hereunder unless the Legislature shall specifically so state;(15) To accept contributions of any character from any source whatsoever, but only by and with the consent and approval of the commission, unless the funding is from the Federal, State or local Government or unless specifically authorized so to do by this act;(16) To sponsor projects under the Watershed Protection and Flood Prevention Act, U.S. Public Law 566 of 1954, as amended, and the Resource and Conservation and Development Program authorized by Public Law 87-703, the Food and Agriculture Act of 1962, as amended; (17) To enter public or private property to make such inspections as are necessary to determine compliance with the act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law"; the act of November 26, 1978 (P.L. 1375, No. 325), known as the "Dam Safety and Encroachments Act," and any rules, regulations, permits or orders issued thereunder, to the extent that such inspection authority has been delegated to a district by the department;(18) To establish a program of assistance to environmental advisory councils which may include, but not be limited to, educational services, exchange of information or assignment of administrative and/or technical personnel; and(19) No agent or employe of a conservation district or other Commonwealth agency or political subdivision engaged in the planning, design, construction or regulatory review of soil and water conservation projects and practices under the authority of this act, "The Clean Streams Law," or delegations pursuant to paragraph (2) of section 11 of this act shall be considered to be engaged in the practice of landscape architecture.1945, May 15, P.L. 547, § 9. Amended 1963, Aug. 1, P.L. 445, No. 236, § 1; 1963, Aug. 8, P.L. 598, § 1; 1972, Dec. 29, P.L. 1686, No. 361, § 8. Reenacted and amended 1984, Dec. 19, P.L. 1125, No. 221, § 2, imd. effective. Amended 2008, July 9, P.L. 986, No. 75, §7, effective in 60 days [ 9/8/2008].