Conservation District Supervisor Election Laws

[Bill Smith]

For states with elected conservation district supervisors, does your state law require that the candidate represent a certain category?

For example, South Dakota state law (SDCL 38-8-39) requires that three supervisors shall be rural landowners or occupiers, one shall be a resident of an urban area, and one shall be a taxpayer of real property.

Thanks,

Bill Smith

[Tim Rubald]

Nevada only requires that each elected Supervisor be a registered voter in the District.

[Marc Cribb]

South Carolina has no categories for district supervisors. The only requirement is that they be a registered voter and resident of the conservation district in which elected.

[Brent Dykes]

GA law has no categories for district supervisors. They have to be a registered voter and resident of the county and the conservation district that they are seeking election in.

[Johnna McHugh]

Kentucky has no other requirements for supervisors than that they be a registered voter in their district. When they file for election, they have to have a petition with 25 signatures and pay the filing fee.

[Scott Carlson]

Bill:
Kansas Conservation District Law requires supervisors to be a qualified elector residing in the district. A qualified elector is defined as a U.S. citizen, 18 years of age and residing in the district.
Scott

[Laurie Zeller]

Montana requires that an individual be a qualified elector living within the boundaries of the conservation district. If an incorporated city lies within the boundaries of a conservation district, two supervisors are appointed by the municipalities.

[Keith Foye]

Wisconsin has land conservation committees (LCCs) that are first elected to the county board for two year terms. The county board shall appoint to the land conservation committee at least 2 persons who are members of the committee on agriculture and extension education, created under s. 59.56 (3) (b), Stats., a committee elected by the county board; and the county board shall appoint the chairperson of the county farm service agency (USDA) committee or their designee from the county committee, and appoint any number of other elected county board members to serve on the committee, as well as appointing up to two non-county board members to serve the commitee. See Section 92.06, Wisconsin Statutes for membership on Land conservation committees.
Adding the FSA Committee member was to ensure that a farmland owner was on the county LCC

[Bill Eller]

In Washington State, the Revised Code of Washington Chapter 89.08 and the Washington Administrative Code Chapter 135-110 govern district elections.

Every candidate in a conservation district election must be a qualified district elector. WAC 135-110-300. A qualified district elector is a registered voter residing within the boundary of the conservation district where the candidate wishes to serve. WAC 135-110-110.

In addition, some positions may be required to own land or operate a farm to be eligible (at least two of the three elected positions). WAC 135-110-310. “Landowner” means a person with legal title of record to real property in the conservation district at the time of filing for election or applying for appointment. “Farm operator” or “operator of a farm” means a person who operates farm and agricultural land. “Farm and agricultural land” is defined in RCW 89.08.020 as follows: “Farm and agricultural land” means either:
(a) Land in any contiguous ownership of twenty or more acres devoted primarily to agricultural uses;
(b) Any parcel of land five acres or more, but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to one hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter; or
(c) Any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income of one thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter.
(d) Agricultural lands shall also include farm woodlots of less than twenty and more than five acres and the land on which appurtenances necessary to production, preparation or sale of the agricultural products exist in conjunction with the lands producing such products.
(e) Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as “farm and agricultural lands.” WAC 135-110-110.

The three elected Board positions can also be broken up into separate “zones” and separate elections held and votes tabulated out of those zones. RCW 89.08.190.

[Justin Caudill]

Wyoming requirements:
Board of Supervisors made up of 3 rural, 1
urban and 1 at-large members
◦ Rural: any registered voter not living within the
boundaries of an incorporated city
◦ Urban: any registered voter of a Wyoming
municipality
◦ At-large: any registered voter living within the
boundaries of the district (rural or urban)

[Lisa Knauf Owen]

Oklahoma has no category requirement. The only conditions are that they be a district cooperator and a registered voter in the district.

[Roger Barton]

In Utah, 3 of the supervisors have to agriculture producers and the other two can come from the public at large.

[Jim Gillespie, Iowa]

In Iowa they are on the election ballot every two years and there are staggered terms. They are required to get 25 signatures to be on the ballot, and there can be no more than one representing a township in the county. We have five elected commissioners.

[Jim Gillespie, Iowa]

In Iowa there are five commissioners elected and they are staggered terms. There are general elections every two years. They are required to get 25 signatures to be placed on the ballot and there can only be one serving from a township in the county.

[John McClurkan]

FYI, Tennessee’s statute does not require qualifiers for elected supervisors; only the 25-signatures of landowners on a nominating petition.

[David Williams]

NC has no specific qualifications for candidates for election

[Sheri Edginton]

I’ve attached Utah Code concerning CD Elections.

17D-3-301. Board of supervisors — Number — Term — Chair and officers — Quorum — Compensation.
(1) Each conservation district shall be governed by a board of supervisors.

(2)
(a) The board of supervisors of a conservation district consists of five members elected as provided in this part, at least three of whom shall be private agricultural land operators.
(b) If the board of supervisors divides the conservation district into watershed voting areas under Section 17D-3-308, at least one member of the board of supervisors shall reside within each watershed voting area.

(3)
(a) The term of office of each member of a board of supervisors is four years.
(b) Notwithstanding Subsection (3)(a), if multiple conservation districts are consolidated or a single conservation district divided or dissolved under Part 2, Creation, Consolidation, Division, and Dissolution of Conservation Districts:
(i) the term of each member of the board of supervisors of the consolidated conservation districts or the divided or dissolved conservation district terminates immediately upon consolidation, division, or dissolution; and
(ii)
(A) the commission shall hold an election, as provided in this part, for all board of supervisors members of the consolidated conservation district or divided conservation districts, as the case may be; and
(B) the term of the two candidates receiving the highest number of votes at an election under Subsection (3)(b)(ii)(A) shall be four years, and the term of the three candidates receiving the next highest number of votes shall be two years.

(4) The board of supervisors shall elect a chair from among their number, and may elect other officers from among their number that the board considers necessary.

(5) A majority of the board of supervisors constitutes a quorum for the transaction of board business, and action by a majority of a quorum present at a meeting of the board constitutes action of the board.

(6) For performing official duties, each member of the board of supervisors of a conservation district shall receive:
(a) compensation for travel and time, as fixed by the commission; and
(b) actual and necessary expenses.

• This reply was modified 8 years, 3 months ago by Aaron.
• This reply was modified 8 years, 3 months ago by Aaron.
• This reply was modified 8 years, 3 months ago by Aaron.

[Doug Thomas]

In Minnesota there are only two provisions which set the requirements for being elected to be a Soil and Water Conservation District Supervisor which are:
Members.
(a) Except as provided in paragraph (c), the district board shall consist of five supervisors, elected or appointed as provided in sections 103C.201, subdivision 8, and 103C.305.
(b) Supervisors must be eligible voters residing in the district.
(c) In counties where the county board consists of seven members and districts have been divided into supervisor districts, under section 103C.311, subdivision 2, the county board may establish seven supervisor districts, elected or appointed as provided in sections 103C.201, subdivision 8; 103C.305; and 103C.311, subdivision 2.

And
Compatible offices.
The office of soil and water conservation district supervisor and the offices of mayor, clerk, clerk-treasurer, or council member in a statutory or home rule charter city of not more than 2,500 population contained in whole or in part in the soil and water conservation district are compatible offices and one person may hold both offices. The office of soil and water conservation district supervisor and the office of town clerk or town supervisor in a town of not more than 2,500 population contained in whole or in part in the soil and water conservation district are compatible offices and one person may hold both offices. A person holding both offices shall refrain from voting or taking any other formal action on any matter coming before the soil and water conservation district board or the city council or town board that has a substantial effect on both the soil and water conservation district and the city or town. This subdivision does not apply to an office located in whole or in part in Anoka, Hennepin, Ramsey, or Washington County

[Jennifer Clifford]

In New York State the law governs that Board Directors are appointed by the county board of legislatures. Boards are made up of 5 or 7 members two of which are members of the county board appointed annually and the remaining serve three year terms two of whom shall be practical farmers from the county grange and county farm bureau. The fifth member shall represent the urban, suburban, and rural non-farm landownership interests. For a seven member board the two additional board members, shall be residents of the county and at least one shall be a practical farmer. There are some additional stipulations for certain metropolitan areas.

[Brian Farkas]

West Virginia requires district supervisors to be landowners, farmers or retired farmers with at least 5 years of experience. The problem we have is since supervisors are elected on nonpartisan county ballots, no one polices the requirement. That means there are a lot of folk who are not and have never been farmers serving on district boards.

We also have the problem of farmers aging out of the system, and it is very hard to find qualified candidates. WV was recently named by the U.S. Census as the state with the most population lost in the past year.

For your reading pleasure, the section of state code relating to district supervisor elections.

§19-21A-6. Election of supervisors for each district; filling vacancies.
(a) Each county in a district shall elect two nonpartisan supervisors: Provided, That any county with a population of one hundred thousand based on the most recent decennial census shall elect one additional supervisor and any county with a population over one hundred thousand based on the most recent decennial census shall elect one additional supervisor for each fifty thousand residents over one hundred thousand.
(b) A candidate for supervisor must be a landowner and an active farmer with a minimum of five years’ experience or a retired farmer who has had a minimum of five years’ experience and must have the education, training and experience necessary to carry out the duties required by this article. The State Conservation Committee shall propose for promulgation in accordance with the requirements of article three-a, chapter twenty-nine of this code legislative rules to establish criteria for the necessary education, training and experience.
(c) All registered voters in the district are eligible to vote in the election for candidates from the county within the boundaries of the district in which the voter resides. The candidates in each county who receive the largest number of votes cast in the election shall be elected supervisors for that county.
(d) Supervisors shall be elected in the primary election and serve a term of four years. The provisions of chapter three of this code apply to election of supervisors.
(e) Persons holding the position of supervisor, regardless of the expiration of the designated term of office, continue to serve until the election and qualification of his or her successor.
(f) Any vacancy occurring in the office of supervisor shall be filled by the committee by appointment of a person from the county in which the vacancy occurs. Within fifteen days after the vacancy occurs, the district shall submit a list of names of persons qualified to be a supervisor. If the unexpired term is for less than two years and six months, the appointed person holds office until the expiration of the term. If the unexpired term is for more than two years and six months, the appointed person holds the office until a successor is elected in the next primary or general election and qualified.

[Colleen Meredith]

In Missouri there are four territories within each soil and water conservation district and one supervisor is elected in each territory. The fifth member of the boards is from University of Missouri Extension, and is their secretary.

http://s1.sos.mo.gov/cmsimages/adrules/csr/current/10csr/10c70-2.pdf Missouri Code of State Regulations for Supervisor Elections
(3) The SWCD shall be partitioned by the commission into four (4) territories for the purpose of identifying nominating committees
and subsequently, candidates for the office of SWCD supervisor.

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