9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued pursuant
to this article to conduct surface mining operations shall require that such surface coal
mining operations will meet all applicable performance standards of this article, and such
other requirements as the regulatory authority shall promulgate. (b) General performance standards
shall be applicable to all surface coal mining and reclamation operations and shall require
the operation as a minimum to: (1) Conduct surface coal mining operations so as to maximize
the utilization and conservation of the solid fuel resource being recovered so that reaffecting
the land in the future through surface coal mining can be minimized; (2) Restore the land
affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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9-10A-7
Section 9-10A-7 Joint board of supervisors to hear petition when authority lies in multiple
conservation districts. If the proposed watershed management authority lies in more than one
soil and water conservation district, the petition shall be presented to the board of supervisors
of all such soil and water conservation districts, and the supervisors of all such districts
shall act as a joint board of supervisors in the formation of the watershed management authority.
Pursuant to the provisions of this chapter, whenever it is necessary for a joint board of
supervisors to convene, said meeting may be called by a majority of the members of the several
boards of supervisors comprising the joint board of supervisors. A majority of the joint board
of supervisors shall constitute a quorum. All actions taken by the joint board of supervisors
shall require a majority vote of all members comprising the joint board of supervisors who
are voting on said action. (Acts 1991, No. 91-602, p. 1119,...
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9-8-53
Section 9-8-53 Petition for formation of district - Generally. When 25 or more landowners within
a proposed watershed conservancy district or, if less than 50 landowners are involved, a majority
of the landowners in such proposed district desire to form a watershed conservancy district,
they shall file a petition with the board of supervisors of the soil and water conservation
district. Such petition shall define the boundaries of the proposed watershed conservancy
district, the number of acres of land involved, reasons for requesting creation of such district,
the proposed name for such watershed conservancy district and other information pertinent
to such proposal. (Acts 1957, No. 517, p. 705, §3.)...
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9-8-54
Section 9-8-54 Petition for formation of district - Where proposed district lies in more than
one soil and water conservation district. If the proposed watershed conservancy district lies
in more than one soil and water conservation district, the petition may be presented to the
board of supervisors of any one of such soil and water conservation districts, and the supervisors
of all such districts shall act as a joint board of supervisors in the formation and supervision
of such a watershed conservancy district. (Acts 1957, No. 517, p. 705, §4.)...
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9-8-28
Section 9-8-28 Land-use regulations - Enforcement. 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 9-8-26 are not being observed on particular lands
and that such nonobservance 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
present to the circuit court of the county in which the land of the defendant may lie, a complaint,
duly verified, setting forth the adoption of the ordinance prescribing land-use regulations,
the failure of the defendant landowner to observe such regulations and to perform particular
work, operations or avoidances as required thereby and that such nonobservance tends to increase
erosion on such lands and is interfering with the prevention or control of erosion on other
lands within the district and requesting the court to...
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9-10A-16
Section 9-10A-16 Petition for discontinuance of authority. (a) At any time, a watershed management
authority's board of directors may file a petition with the Secretary of State, the joint
boards of supervisors who authorized the establishment of the authority and the State Soil
and Water Conservation Committee praying that the existence of the authority be discontinued.
The petition shall state the reasons for discontinuance. (b) The Examiners of Public Accounts
shall specify as a part of said petition that all obligations of the authority can be properly
satisfied by the use of the existing assets of the authority. (c) If any watershed management
authority petitions for discontinuance, the Director of the state Department of Finance or
his designee shall have the same powers regarding the watershed management authority's assets,
liabilities and functions as the board of directors of said watershed management authority.
The state shall not be required to assume any debts or...
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9-10A-6
Section 9-10A-6 Petition to form authority. When 25 or more residents, who are 18 years of
age or older, within each county located on a defined watershed desire to form a watershed
management authority, said residents shall file a petition with the board of supervisors of
the soil and water conservation district in which said proposed authority lies. Such petition
shall define the boundaries of the proposed watershed management authority, the number of
acres of land involved, reasons for requesting creation of such authority, the proposed name
for such watershed management authority and other information pertinent to such proposal.
The proposed name of a proposed watershed management authority shall not be the same as, or
deceptively similar to, the name of any other watershed management authority. The proposed
name shall include references to the geographic features of the area encompassing the watershed
management authority. (Acts 1991, No. 91-602, p. 1119, §6.)...
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11-40-66
Section 11-40-66 Judicial hearing. (a) The Class 2 municipality shall request that a judicial
hearing on the petition occur not earlier than 30 days nor more than 90 days following the
filing of the petition. At the judicial hearing, any interested party shall have the right
to be heard and to contest the delinquency of the municipal code lien, the adequacy of the
proceedings, the classification of the property as owner occupied, and the amount of the tax
payoff. If the court determines that the information set forth in the petition is accurate,
the court shall render its judgment and order that: (1) The municipal code lien is delinquent.
(2) The amounts of any additional municipal code liens and taxes described in the petition
are delinquent. (3) Proper notice has been given to all interested parties. (4) The property
is not owner occupied. (5) The property as described in the petition be sold in accordance
with the provisions of this article. (6) The sale shall become final and...
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11-99A-22
Section 11-99A-22 Amendments of district. A board may submit to the appointing government a
petition for amendment of the district, to alter its boundary lines, to add additional property
contiguous to the municipality (in the case of a district formed by that municipality) or
to the district, or to make an amendment in the articles of incorporation as the board may
consider expedient. The council may approve changes, and upon approval, changes shall become
effective. To the extent the articles of incorporation are to be amended, the board shall,
following a hearing, make an amendment to the articles of incorporation to be forthwith recorded
in the office of judge of probate of the county or counties in which the district is located,
reflecting the approved amendment. If the amendment adds additional land to a district formed
by a municipality, upon the recording of such amendment, such additional land shall be deemed
annexed into the municipality. However, no land shall be added to a...
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9-8-57
Section 9-8-57 Referendum upon creation of district - Contents of ballot; qualifications of
voters; voting procedure. The question to be voted on shall be submitted by ballots upon which
appear the words: "For creation of _____ Watershed Conservancy District" "Against
creation of _____ Watershed Conservancy District" A square shall follow each proposition.
The ballot shall also contain a direction to insert an "X" mark in the square following
one or the other of the propositions as the voter may favor or oppose creation of the district.
The ballot shall set forth the boundaries of the proposed district as determined by the board
of supervisors. Only owners of lands lying within the boundaries of the territory, as determined
by the board, shall be eligible to vote in the referendum. Qualified voters may vote by absentee
ballot in such referendum under rules and regulations prescribed by the board of supervisors.
(Acts 1957, No. 517, p. 705, §7.)...
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