Home

The GSWCC Board approved at its July 24, 2007 meeting the proposed Rules and Regulations for the procedures and requirements for Election of Soil and Water Conservation District Supervisors. These were subsequently filed with the Secretary of State's office and will be sent to the Department of Justice for review.

NOTICE OF PROPOSED RULE MAKING REVISIONS

CHAPTER 600-9 – Procedures and Requirements for Election of Soil and Water Conservation District Supervisors

All interested parties are hereby notified pursuant to the Official Code of Georgia Annotated Sections 50-13-4, 2-6-23, 2-6-27, 2-6-29, 2-6-30, and 2-6-31 that the Georgia Soil and Water Conservation Commission intends to consider and adopt Rules to establish procedures and requirements for election of soil and water conservation district supervisors.  The Conservation Commission’s rules were considered at the Conservation Commission’s board meeting held on June 21, 2007, at 8:00 a.m. Hooks-Hanner Environmental Resource Center, 4344 Albany Highway, Dawson, Georgia.  The Conservation Commission intends to act on the Rules at its July 24, 2007, board meeting to be held at 8:00 a.m. at the Georgia Soil and Water Conservation Commission, 4310 Lexington Road, Athens, Georgia.

A copy of this notice, together with an exact copy of the proposed Rules and Regulations and a synopsis, may be reviewed during normal business hours of 8:00 a.m. to 4:30 p.m. at the Georgia Soil & Water Conservation Commission, 4310 Lexington Road, Athens, Georgia.

To provide the public an opportunity to comment upon and provide input into these Rules, written comments are welcomed.  To ensure their consideration, written comments must be received by the Conservation Commission by close of business on Thursday, July 19, 2007.  Written comments should be addressed to:  Acting Executive Director, Georgia Soil and Water Conservation Commission, Attention: Elections, P.O. Box 8024, Athens, GA 30603.

The Conservation Commission proposes that the Rules become effective as provided by law twenty (20) days after approval in the Conservation Commission board meeting to be held on July 24, 2007, and subsequent filing with the Secretary of State.

For further information, contact the Georgia Soil and Water Conservation Commission at (706) 542-3065.

I.    Notice of Proposed Rulemaking

A. Introduction and Jurisdiction 

The State Soil and Water Conservation Commission (the “Conservation Commission”) was created under the Soil and Water Conservation Districts Law, O.C.G.A. § 2-6-20, et seq.  The Conservation Commission was created to serve as the Governor’s arm in carrying out the administrative functions necessary for the operation of the Soil and Water Conservation Districts program. O.C.G.A. § 2-6-23 (d) authorized the Conservation Commission to promulgate rules and regulations as may be necessary for the execution of its functions.  The Conservation Commission is authorized under O.C.G.A. § 2-6-27 to receive gifts, appropriations, materials, equipment, land and facilities and to manage and disperse same in support of soil and water conservation activities, and to assist, support and coordinate the activities of district supervisors in carrying out their powers and programs.  O.C.G.A. § 2-6-27(8) authorizes the Commission to enter into contracts and agreements with the districts, municipalities, and counties of this state, other agencies of this state, the United States and any agencies thereof, any association, any landowner or land occupier, or any person in order to carry out the purposes of this article. O.C.G.A. §§ 2-6-29, 2-6-30 and 2-6-31 establish the guidelines pursuant to which the Commission is to facilitate the election of district supervisors, while O.C.G.A. § 2-6-30 (c) specifically provides that the Commission shall pay the costs of such elections, shall supervise the conduct thereof, should prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein and shall publish the results thereof.                             

The purpose of the Proposed Rules is to formally adopt, as part of the Commission Rules, procedures and requirements for election of district supervisors consistent with O.C.G.A. §§ 2-6-23, 2-6-27, 2-6-29, 2-6-30 and 2-6-31.

       B.    Synopsis and Explanation of Rules

The State of Georgia has a major interest in the control of water pollution and surface-water use generally, soil erosion and sedimentation, and the issuance of permits for land disturbing activities.  The Commission is the key agency of the State charged with implementing programs to support these important state interests, in part through the activities of soil and water conservation districts throughout Georgia.  Current law sets forth the general parameters governing the Commission’s supervisory capacity for the election process for district supervisors and directs the Commission to establish specific regulations as discussed above.    

C.    Rules  

The full text of each component of the proposed Rules to be included as a Chapter 600-9 of the Rules of the Conservation Commission is attached hereto as Attachment “A” and incorporated herein by reference.

Associated Document(s):

	SynopsisOfRevisedRules.pdf
	Synposis
	SB263Rules.pdf
	ATTACHMENT A: RULES