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14-125-202. Hearings — Determination of necessity and boundaries for district.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-125-202. Hearings — Determination of necessity and boundaries for district.
(a) Within thirty (30) days after the petition has been filed with the Arkansas 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 the district, upon the question of the appropriate boundaries to be assigned to the district, upon the propriety of the petition and other proceedings taken under this chapter, and upon all questions relevant to such inquiries.
(b) All owners of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to the described territory, and all other interested parties, shall have the right to attend the hearings and to be heard.
(c) 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 hearings shall be given throughout the entire area considered for inclusion in the district, and the further hearing held.
(d) After the hearing, if the commission shall determine, upon the facts presented at the 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 the determination, and shall define, by metes and bounds, or by sections or part-sections, or by legal subdivisions, the boundaries of the district.
(e) In making the determ
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-125-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-125-202
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 756e9b0f0dc8e3458227256a3898ee996a34b4213aa222ba8b3da2b543cdb1bc
Source location: content.xml paragraph 33304
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14-125-202. Hearings — Determination of necessity and boundaries for district.
(a) Within thirty (30) days after the petition has been filed with the Arkansas 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 the district, upon the question of the appropriate boundaries to be assigned to the district, upon the propriety of the petition and other proceedings taken under this chapter, and upon all questions relevant to such inquiries.
(b) All owners of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to the described territory, and all other interested parties, shall have the right to attend the hearings and to be heard.
(c) 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 hearings shall be given throughout the entire area considered for inclusion in the district, and the further hearing held.
(d) After the hearing, if the commission shall determine, upon the facts presented at the 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 the determination, and shall define, by metes and bounds, or by sections or part-sections, or by legal subdivisions, the boundaries of the district.
(e) In making the determination and in defining the boundaries, the commission shall give due weight and consideration to:
(1) The topography of the area considered and of the state;
(2) The composition of soils therein;
(3) The distribution of erosion;
(4) The prevailing land-use practices;
(5) The desirability and necessity of including within the boundaries the particular lands under consideration and the benefits the lands may receive from being included within the boundaries;
(6) The relation of the proposed area to existing watersheds and agricultural regions; and
(7) Other soil conservation districts already organized or proposed for organization under the provisions of this chapter and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determination set forth in §§ 14-125-102 — 14-125-104.
(f) The territory to be included within the boundaries need not be contiguous.
(g) If the commission shall determine after the hearing, after due consideration of the 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 the determination and shall deny the petition.
(h) After six (6) months shall have expired from the date of the denial of a petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-125-102. Legislative determination — Soil condition.
It is declared, as a matter of legislative determination:
(1) That the farm and grazing lands of the State of Arkansas are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety, and general welfare of its people;
(2) That improper land-use practices have caused and have contributed to, and are now causing and contributing to, a progressively more serious erosion of the farm and grazing lands of this state by water and wind;
(3) That the breaking of natural grass, plant, and forest cover have interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus and developing a soil condition that favors erosion;
(4) That the topsoil is being washed and blown out of the fields and pastures;
(5) That there has been an accelerated washing of sloping fields;
(6) That these processes of erosion by water and wind speed up with removal of absorptive topsoil, causing exposure of less absorptive and less protective but more erosive subsoil;
(7) That failure by any landowner to conserve the soil and control erosion upon his lands causes a washing and blowing of soil and water from his lands onto other lands and makes the conservation of soil and control of erosion on such other lands difficult or impossible.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-125-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-125-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-125-104. Legislative determination — Improvements.
It is declared, as a matter of legislative determination, that to control and prevent soil erosion, to prevent floodwater and sediment damages, and to further the conservation, development, and utilization of soil and water resources and the disposal of water, it is necessary:
(1) That land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued, and appropriate soil-conserving land-use practices and works of improvement for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water be adopted and carried out;
(2) That among the works of improvement and procedures needed are:
(A) The carrying on of engineering operations such as the construction of terraces, terrace outlets, check dams, desilting basins, floodwater-retarding structures, channel improvements, floodways, dikes, ponds, ditches, and the like;
(B) The utilization of strip cropping, lister furrowing, contour cultivating, and contour furrowing;
(C) Land drainage;
(D) Land irrigation;
(E) Seeding and planting of waste, sloping, abandoned, or eroded lands to water-conserving and erosion-preventing plants, trees, and grasses;
(F) Forestation and reforestation;
(G) Rotation of crops;
(H) Soil stabilization with trees, grasses, legumes, and other thick-growing, soil-holding crops;
(I) Retardation of run-off of increasing absorption of rainfall;
(J) Retirement from cultivation of steep, highly erosive areas and areas now badly gullied or otherwise eroded;
(K) Fish and wildlife or recreational developments;
(L) The storage, transportation, and sale of water for irrigation, municipal or industrial water supply purposes; and
(M) Rural dome
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-125-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-125-104. This identifies an authority to review, not proof of applicability.