§ 139-41. Powers of county commissioners.
§139‑41. Powers of county commissioners.
(a) If the majority ofthe qualified voters voting in such election favor the levying of such tax,then and in that event, the board of county commissioners shall have all powersof soil and water conservation districts as set forth in subdivisions (1), (2),(3), (4), (5), (6), (7), (8) and (10) of G.S. 139‑8 (subject to thelimitations set forth in subdivision (12) of such section) concerning floodprevention, development of water resources, floodwater and sediment damages,and conservation, utilization and disposal of water. It is the intention ofthe General Assembly that such powers shall normally be exercised within all orparts of one or more single watersheds, or of two or more watersheds tributaryto one of the major drainage basins of the State, but exceptions to this policymay be permitted in appropriate cases; provided, however, it is not theintention of the General Assembly to authorize hereby the diversion of waterfrom one stream or watershed to another.
(b) The board of countycommissioners may itself exercise such powers or, for that purpose, may createa watershed improvement commission to be composed of three members appointed bythe board. The terms of office of the members of the commission shall be sixyears, with the exception of the first two years of existence of thecommission, in which one member shall be appointed to serve for a period of twoyears, one for a period of four years, and one for a period of six years;thereafter all members shall be appointed for six years, and shall serve untiltheir successors have been appointed and qualified. Vacancies in themembership of the commission occurring otherwise than by expiration of termshall be filled by appointment to the unexpired term by the board of countycommissioners. The commission shall hold its first meeting within 30 daysafter its appointment as provided for in this Article, and the beginning dateof all terms of office of commissioners shall be the date on which the commissionholds its first meeting. The commission at its first meeting shall select achair, vice‑chair, and secretary‑treasurer to serve two‑yearterms. All acts done by the commission shall be entered in a book of minutesto be kept by the secretary‑treasurer. A majority of the membership ofthe commission shall constitute a quorum. The commission shall meet in regularsession at least quarterly and may meet specially upon the call of the chair orany members, and upon at least three‑day notice of the time, place, andpurpose of the meeting. The commission shall provide the board of countycommissioners 30 days prior to July 1 a proposed budget for the fiscal yearcommencing on July 1 and shall provide the board of county commissioners anaudit by a certified public accountant within 60 days after the expiration ofthe fiscal year ending on June 30.
(c) The board of countycommissioners may create a single watershed improvement commission for theentire county or may create separate commissions for individual projects orwatersheds.
(d) The board of countycommissioners, as an alternative to itself exercising the powers set forth insubsection (a) of this section or to creating a watershed improvementcommission for that purpose, may by resolution designate the soil and waterconservation district having jurisdiction in the county to exercise authorityfor the board of county commissioners in carrying out the county watershedimprovement program. The soil and water conservation district shall providethe board of county commissioners 30 days prior to July 1 a proposed budget forthe fiscal year commencing on July 1 and shall provide the board of countycommissioners an audit by a certified public accountant within 60 days afterthe expiration of the fiscal year ending on June 30.
(e) Repealed by SessionLaws 1981, c. 326, s. 5.
(f) Any industry orprivate water user, the State of North Carolina, the United States or any ofits agencies, any municipality, any other county, or any other politicalsubdivision may participate in county watershed improvement programs hereunderin the same manner and to the same extent as provided by G.S. 139‑37 withrespect to participation in watershed improvement district programs.
(g) The board of countycommissioners may provide for county watershed improvement programs and any orall other related activities (such as water supply systems, sewerage systems,water resources programs, beach erosion control programs, and conservationprograms) to be coordinated, to be jointly undertaken by two or more localagencies, or to be assigned to a single county agency designated by such nameand organized in such manner as the board deems appropriate.
(h) A WatershedImprovement Commission created pursuant to subsection (b) of this section or a soiland water conservation district designated pursuant to subsection (d) of thissection may employ such officers, agents, consultants, and other employees asthey may require; shall determine their qualifications, duties, andcompensation; shall provide for the execution of surety bonds for the secretary‑treasurerand such other officers, agents, and employees as shall be entrusted with fundsor property, and shall provide for making and publication of an annual audit ofthe accounts of receipts and disbursements of the watershed improvementprogram.
(i) Districtsupervisors and watershed improvement commissioners shall receive a per diemallowance of seven dollars ($7.00) and necessary expenses while engaged in thedischarge of official duties pursuant to subsections (b) and (d) of thissection. Claims for per diem and expenses for any duty except attendance upona meeting shall be paid only after approval of the commission or the Board ofSupervisors respectively. (1959, c. 781, s. 10; 1967, c. 987, s. 10; 1969, c.711, s. 3; 1971, c. 1138, s. 2; 1973, c. 1262, s. 38; 1981, c. 326, s. 5; 1993,c. 391, s. 25.)