The supervisors of any district shall, upon the approval and authorization of the Committee, have authority to formulate regulations governing the use of lands within the district to conserve soil resources and prevent and control erosion, and they may conduct such meetings or public hearings as may be necessary therefor; Provided, That the supervisors shall not have authority to enact such regulations into law until after they have conducted a referendum for the purpose of submitting such regulations to the occupiers of lands within the district for approval or disapproval, and unless at least fifty-one percent (51%) of the land occupiers have cast their votes in favor of the proposed regulations. The notices of the referendum shall recite the contents of the proposed regulations, or state where copies of them may be examined. Land-use regulations adopted pursuant to this section shall have the force and effect of law in the said district, and shall be binding upon all occupiers of lands within such district.
Any land occupier of a district may file a petition with the supervisors asking that any such regulations be amended, supplemented, or repealed. Regulations may be amended, supplemented, or repealed in accordance with the procedure prescribed herein for their adoption. Referenda for such purpose shall not be held more often than once in six (6) months.
Such regulations may include, but shall not be limited to, provisions prohibiting or limiting the carrying out of particular operations or practices; requiring the observance of particular methods of cultivation or land use; specifying cropping programs or tillage practices to be observed; requiring the retirement from cultivation of submarginal areas; and provisions requiring any other means, measures, operations, and programs as may assist conservation of soil resources and prevent or control soil erosion in the district. Regulations shall be uniform throughout the district, but the supervisors may classify the lands in the district with reference to such factors as soil type, degree of threatened or existing erosion, and other relevant factors, and may provide regulations varying with the type or class of land affected, but uniform as to all land within each class or type.
History —Mar. 26, 1946, No. 211, p. 374, § 7, eff. July 1, 1946.