§ 139-3. Definitions.
§139‑3. Definitions.
Wherever used or referred toin this Chapter, unless a different meaning clearly appears from the context:
(1) "Agency of thisState" includes the government of this State and any subdivision, agency,or instrumentality, corporate or otherwise, of the government of the State.
(2) "A qualifiedvoter" includes any person qualified to vote in elections by the peopleunder the Constitution of this State.
(3) "EnvironmentalManagement Commission" or "State Environmental Management Commission"means the Environmental Management Commission of the State of North Carolina,or the board, body or commission succeeding to its principal functions, or inwhom shall be vested by law the powers herein granted to the said EnvironmentalManagement Commission.
(4) "Commission"or "Soil and Water Conservation Commission" means the Soil and WaterConservation Commission created by G.S. 143B‑294.
(5) "District"or "soil and water conservation district" means a governmentalsubdivision of this State, and a public body corporate and politic, organizedin accordance with the provisions of this Chapter, for the purposes, with thepowers, and subject to the restrictions hereinafter set forth.
(6) "Duenotice" means notice given by posting the same at the courthouse door andat three other public places in the county, including those where it may becustomary to post notices concerning county or municipal affairs generally, notless than 10 days before the date of the event of which notice is being given.At any hearing held pursuant to such a notice at the time and place designatedin such a notice, adjournment may be made from time to time without thenecessity of renewing such notice for such adjourned dates.
(7) "Government"or "governmental" includes the government of this State, thegovernment of the United States, and any subdivision, agency, orinstrumentality, corporate or otherwise, of either of them.
(8) The terms "landoccupier" or "occupier of land," and "landowner" or"owner of land" include any person, firm or corporation who shallhold title to or shall have contracted to purchase any lands lying within asoil and water conservation district organized under the provisions of thisChapter.
(9) "Nominatingpetition" means a petition filed under the provisions of G.S. 139‑6to nominate candidates for the office of supervisor of a soil and waterconservation district.
(10) Repealed by SessionLaws 1993, c. 391, s. 1.
(11) "Petition"means a petition filed under the provisions of Article 1 of this Chapter forthe creation of a soil and water conservation district.
(12) "State"means the State of North Carolina.
(13) "Supervisor"means one of the members of the governing body of a district, elected orappointed in accordance with the provisions of this Chapter.
(14) Repealed by SessionLaws 1993, c. 391, s. 1.
(15) "UnitedStates" or "agencies of the United States" includes the UnitedStates of America, the Soil Conservation Service of the United StatesDepartment of Agriculture, and any other agency or instrumentality, corporateor otherwise, of the United States of America.
(16) Repealed by SessionLaws 1993, c. 391, s. 1.
(17) A "watershedimprovement project" means a project of watershed improvement (whetherinvolving flood prevention, drainage improvement, water supply, soil and waterconservation, recreation facilities, fish and wildlife habitat, or otherrelated purposes, singly or in combination) which is undertaken:
a. Repealed by SessionLaws 1993, c. 391, s. 1.
b. By a soil and waterconservation district under the provisions of Article 1 of Chapter 139 of theGeneral Statutes or any local act granting similar powers.
c. By a drainagedistrict under the provisions of Chapter 156 of the General Statutes or anylocal act granting similar powers.
d. By a county that iscarrying out a county watershed improvement program under the provisions ofArticle 3 of Chapter 139 of the General Statutes or any local act grantingsimilar powers.
e. By any combinationof the foregoing, acting as joint sponsors of a watershed improvement program.
f. By any watershed,drainage or flood control project planned or carried out by the SoilConservation Service, Tennessee Valley Authority or the Army Corps ofEngineers.
(18) A "watershedimprovement work" means a single feature or facility or portion of awatershed improvement project, such as a water retarding or impoundmentstructure for one or more authorized watershed purposes or a section ofimproved stream channel or the land treatment measures associated with a waterretarding structure. (1937, c. 393, s. 3; 1947, c. 131, s. 2; 1959, c. 781,s. 4; 1965, c. 582, s. 1; 1967, c. 987, s. 1; 1971, c. 1138, s. 1A; 1973, c.1262, s. 38; 1993, c. 391, s. 1; 1995, c. 519, s. 5.)