A ready reference on the roles,
responsibilities, and relationships
of SWCDs and their supervisors.
Prepared by the
Indiana Department of Natural Resources'
State Soil Conservation Board and
Division of Soil Conservation
Forward
As a soil and water conservation district (SWCD) supervisor, you are part of a respected, progressive governmental organization responsible for the wise management of Indiana's soil and water resources and the environment in which we live. In that capacity, your opportunities to serve neighbors, community, and the district broaden daily.
To function effectively as a district supervisor, you need a clear understanding not only of your duties and the programs you represent, but also of the problems and potentials relating to soil and water conservation.
Each of Indiana's 92 SWCDs has five supervisors. You share with these 460 fellow supervisors statewide and 18,000 nationwide the important job of helping people wisely develop, use, and protect our nation's soil and water resources. Your opportunity to serve is unlimited.
As a supervisor, you are a government official charged with properly conducting the affairs of the local district. The agencies that assist the district look upon you as a program priority-setter and decision-maker. Organizations that cooperate with the district consider you as a partner in soil and water conservation.
Your fellow SWCD supervisors are counting on you, as a member of the team, to represent the people of your community as decisions are being made. They also count on you to represent the district after those decisions are made and to act on behalf of the district in carrying out its responsibilities.
A detailed reference handbook, entitled "Indiana SWCD Operations Manual," is available in your district office. You are encouraged to review it (and refer to it often), so that you will better understand the responsibilities of being a district supervisor.
Soil and Water Conservation Districts
Purpose
In Indiana, a soil and water conservation district (SWCD) is a unit of state government responsible for soil and water conservation programs within its county boundaries. The district provides a means for all interested people in a county to work together for natural resource conservation and development. It is funded through a variety of sources including county and state appropriations, money-making activities, grants, and private donations.
Governance
The official governing body of a district consists of five supervisors. Three are elected (one each year for a three-year term) at an annual meeting of land occupiers held in January, February, or March. Two are appointed (also for staggered three-year terms) by the State Soil Conservation Board based upon recommendations of the leadership in the district. Thus, selection of all five supervisors is based on input from the local people they serve. As public officials responsible to the district and state, supervisors are required to subscribe to a standard oath of office.
The five supervisors' major roles are to evaluate local soil and water conservation needs and opportunities, to set priorities, and to provide for the development of programs to meet those prioritized needs within the district.
Powers
As a governmental subdivision of the State of Indiana and a public body (corporate and politic), soil and water conservation districts exercise public powers. Following is a summary of the specific powers given to SWCDs and their supervisors by the Soil and Water Conservation District Act (Indiana Code 14-32):
| 1. | To carry out soil erosion and water runoff preventive and control measures within the district (a) on land owned or controlled by state, and (b) on any other land upon obtaining the consent of the occupier of the land or the necessary rights or interests in such lands. |
| 2. | To construct, improve, operate, and maintain the structures that are necessary or convenient for the performance of any of the operations authorized in the District Act. |
| 3. | To cooperate or enter into agreements with and furnish financial or other aid to any federal, state, or other agency or any occupier of lands within the district to carry on conservation operations, subject to such conditions as the supervisors deem necessary. |
| 4. | To obtain options upon and acquire by purchase, exchange, lease, gift, grant, bequest, device, or otherwise, any real or personal property or rights or interests in property; to maintain, administer, and improve the properties acquired; to receive income from the properties and expend such income in carrying out the District Act; and to sell, lease, or otherwise dispose of property or interests in property in furtherance of the District Act. |
| 5. | To make available to land occupiers within the district (on such terms that the district prescribes) agricultural and engineering machinery and equipment, fertilizer, seeds, seedlings, other material or equipment, and services from the district that will assist such land occupiers to conserve the soil and water resources. |
| 6. | To develop comprehensive plans for the proper management of soil and water resources within the district; and to publish such plans and information and bring them to the attention of land occupiers within the district. |
| 7. | To take over (with consent of any federal or state entity, by purchase, lease, or otherwise) and to administer any soil and water conservation, erosion control, water quality protection, or flood prevention project of the entity located within the district's boundaries. |
| 8. | To accept donations, gifts, and contributions in money, services, materials, or otherwise from the United States; and to use or expend such contributions in carrying on district operations. |
| 9. | To sue and be sued in the name of the district; to have perpetual succession unless terminated; to make and execute contracts and other instruments necessary or convenient to the exercise of the district's powers; and to adopt rules and regulations to carry into effect the purposes and powers of the District Act. |
| 10. | To require an occupier of lands not owned or controlled by the state (as a condition to the extending benefits under the District Act) to (a) make contributions of money, services, materials, or otherwise to any operations conferring such benefits, and/or (b) enter into agreements or covenants regarding the use and treatment of the lands that will prevent or control soil erosion, achieve water conservation and water quality protection, and reduce flooding. |
| 11. | To cooperate with state government (a) in conducting surveys, investigations, and research relating to the character of soil erosion and water losses and the preventive and control measures needed, (b) in publishing the results of such surveys, investigations, and research, and (c) in disseminating information concerning such preventive and control measures. |
| 12. | To cooperate with state government in conducting, within the district, soil and water conservation, erosion control, water quality protection, and flood prevention demonstration projects (a) on land owned or controlled by the state, with the consent and cooperation of the agency administering and having jurisdiction; and (b) on any other land upon obtaining the consent of the occupier of the land or the necessary rights or interests in the lands. |
| 13. | To serve as management agency for the erosion and sediment portion of Public Law 92-500, Section 208, on nonpoint source pollution and for other erosion and sediment reduction programs that affect water quality in each county. |
| 14. | To inspect every landfill located within the district at least two times a year with regard to sediment control and erosion; and to prepare a written report on the results of each inspection for the executive of the county, the commissioner of the Indiana Department of Environmental Management, and the director of the IDNR Division of Soil Conservation. |
The District Act also spells out the powers and authorities that supervisors do not have. Specifically, supervisors may not:
| a. | Exercise the right of eminent domain. |
| b. | Incur indebtedness beyond available funds. |
| c. | Issue bonds. |
| d. | Levy taxes. |
| e. | Make or levy benefit assessments. |
| f. | Take contributions by exactions or persuasions. (However, voluntary contributions may be accepted if offered for the sole purpose of promoting soil and water conservation within the district and if their sue for that purpose is guaranteed.) |
| g. | Engage in the marketing of farm products or the buying and selling of farm supplies other than those used or needed in soil and water conservation work. |
| h. | Engage in agricultural research or extension teaching except in cooperation with Purdue University. |
SWCD Supervisors
Responsibilities
The work of the local soil and water conservation district deserves your full attention and leadership abilities. Your reward will be the satisfaction of having made a valuable contribution to the present and future welfare of your district, state, and nation.
Following are the basic responsibilities of SWCD supervisors:
| 1. | Meet officially at least monthly to conduct district business. |
| 2. | Participate in planning and executing the program activities of the district. |
| 3. | Invite appropriate local leaders to meet with you to discuss particular conservation problems and opportunities. |
| 4. | Understand the powers, authorities, and responsibilities placed upon you by the Soil and Water Conservation District Act. |
| 5. | Keep in close contact with the State Soil Conservation Board and the Division of Soil Conservation, Indiana Department of Natural Resources (IDNR), on administrative matters. |
| 6. | Know the land and water conditions in the district and the practices required to conserve and develop those resources. |
| 7. | Update periodically the long-range plan for conservation and development of natural resources of the district (discussed in the SWCD Operations Manual). |
| 8. | Develop and carry out an annual plan of work for reaching the goals set in the district long-range plan (discussed in the SWCD Operations Manual). |
| 9. | Arrange for the help and cooperation needed in the district, enlisting assistance from whatever sources are available. |
| 10. | Enter into memoranda of understanding or working agreements with county, state, and federal agencies as appropriate and necessary to carry out the district's conservation and resource development program. |
| 11. | Establish policies and priorities regarding conservation education and technical assistance. |
| 12. | Hire and provide supervision for district employees. |
| 13. | Coordinate district programs with other entities engaged in natural resource planning and development, such as plan commission, county surveyor, and various units of state government. |
| 14. | Manage all district-owned funds, facilities, and equipment. |
| 15. | Participate in appropriate multi-district activities, such as service area work teams, comprehensive planning, watershed development, river basin projects, resource conservation and development efforts, the T-by-2000 program, and conservation education events. |
| 16. | Prepare an annual report of accomplishments, and conduct an annual meeting as required by the District Act. |
| 17. | Cooperate with the USDA Natural Resources Conservation Service (NRCS) and the IDNR Division of Soil Conservation as "technical partners" of the district in helping landusers plan and apply needed conservation practices. |
| 18. | Cooperate with the IDNR Division of Soil Conservation, the NRCS, and other SWCDs in promoting and implementing the T-by-2000 lake and River Enhancement watershed land treatment and project grants programs, which are aimed at controlling and/or reducing sediment and associated nutrients in public-access lakes and streams. |
| 19. | Cooperate with the IDNR Division of Soil Conservation urban conservation program and the Indiana Department of Environmental Management (IDEM) in the biannual landfill erosion/sedimentation inspections and in the implementation of 327 IAC 15-5 ("Rule 5"), which calls for district review of erosion and sediment control plans for construction sites. |
Compensation
The Indiana Soil and Water Conservation District Act provides that district supervisors may be paid a salary per diem for any part of a day that they are engaged in official business of the district in any amount not to exceed the salary per diem that may be paid by the state under IC 4-10-11-2.1(b).
Also, supervisors may be reimbursed for travel, lodging, meals, and other incurred expenses not to exceed the amount that employees of the county in which they reside would receive under the policies and procedures established by the county. All such payments shall be fixed by the supervisors for their district and paid from funds for the district.
Districts paying a salary per diem should furnish each supervisor receiving
more than $600 in any calendar year an IRS Form 1099 annually for tax purposes.
Mileage logs may be required by IRS to substantiate travel expenses reimbursed.
ASSOCIATE SUPERVISORS
Each district should consider utilizing associate or assistant supervisors to help carry out its program. With the involvement of more people, it is possible to establish committees to complete various tasks as well as expand the scope of district programs. People with special talents can be chosen to do specific jobs.
The associate supervisor role also provides excellent training for those who are potential regular supervisors. As associates, they not only become acquainted with district programs and activities, but also test their talents to determine the kinds of contributions they can make.
An excellent time to assign associate supervisors to specific activities
is during preparation of the district's annual plan of work. They may also
be delegated responsibility for those activities. However, because legal
responsibility remains with the five supervisors, associates cannot make
or second motions or vote on official business of the district; but they
can be reimbursed for mileage and out-of-pocket expenses as authorized
by the regular supervisors.
DISTRICT PLANNING
The purpose of a long-range plan is to identify the opportunities for conservation and development of natural resources within the district. The plan should serve as a practical guide for defining, prioritizing, and accomplishing the work of the district, its cooperators, and associated agencies.
A well-prepared plan sets forth the district's short - as well as long-range goals and priorities in a logical sequence. It also spells out how and when these goals are to be accomplished, what specifically needs to be done, and the required resources to do it.
A timetable for a long-range play is not imperative. However, you may want to think in terms of ten-year goals, with consideration given to what is attainable immediately, within two to five years, and within five to ten years.
The annual plan of work is, in essence, the annual version of the district's long-range plan. As such, it should spell out for the coming year what specific actions are to be taken, how these actions accomplish long-range goals, who is to carry them out, and when they are to be completed. Such a plan then becomes an indispensable blueprint to guide all who are involved in conservation and resource development in the district.
The district annual plan of work should be a dynamic, realistic, open-ended document that can be revised at any time. It need not include routine items, since those can be placed on the monthly meeting agendas.
However, some districts do prefer highly detailed annual plans in which each month's activities are spelled out.
The district annual plan of work should be developed on a calendar-year basis to coincide with the annual report, which also covers the calendar year. (The district plan of work and the NRCS plan of operations need not cover the same period of time.)
Planning next year's work should start early in order to give sufficient consideration to all the activities that the district might be involved in during the coming year. The document should be completed by early December.
NRCS, IDNR, Extension, and other agencies or personnel involved in helping the district accomplish its annual plan of work should be invited to participate in the planning process. Developing with them the needed actions helps ensure maximum coordination of operation and effort among all cooperating groups.
COOPERATING AGENCIES
County Government
Although SWCDs in Indiana are based on county lines, the only legal relationship between a district and a county is the provision that district employees be considered employees of the county.
County government, however, can be very helpful to the district in many other ways, among them: (a) providing office space for district and cooperating agency personnel; (b) appropriating funds for district programs and operations; (c) co-sponsoring watershed projects and assuming responsibility for their operation and maintenance; (d) replacing bridges and culverts serving as drainage outlets; (e) providing use of county-owned items of equipment; (f) becoming a district cooperator and practicing good conservation on parks and other county-owned land; and (g) co-sponsoring resource conservation and development (RC&D) projects.
A district, in turn, can help the county, particularly its plan commission, surveyor, drainage board, and highway, health, and parks departments. Some technical services that the district can provide to them include: (a) soil survey interpretations, (b) consultation on soil problems requiring specific structure, (c) consultation on highway and development-relat4ed erosion/sediment problems, (d) drainage consultation and recommendations, and (e) assistance on flooding and water supply problems. Supervisors may also serve on the plan commission and on other county resource committees.
A starting point for establishing good district-county relations is to invite interested citizens and public officials to see conservation work being done and to ask for their assistance. District supervisors also should be familiar with the conservation-related responsibilities of county and municipal officials and build working relationships by helping them carry out those responsibilities.
Indiana Department of Natural Resources
The Indiana Department of Natural Resources (IDNR) is charged with protection and management of the state's natural resources. Therefore, many units of IDNR cooperate and work with local soil and water conservation districts, especially the following:
Division of Soil Conservation. As directed by the Indiana District Act and a 1997 federal/state/SWCD cooperative working agreement, the Division assists districts in fulfilling their legal mandate to protect the land and water resources at the local level. It does so, in part, by providing training opportunities for supervisors and employees and by helping them: (a) conduct district programs in accordance with state law, (b) seek ways to secure the technical and financial resources needed to carry out those programs, and (c) develop both long-range and annual plans of work.
The Division maintains permanent records for all districts and assists with their annual meetings, supervisor elections, and activity/financial status reports. It also coordinates the SWCD Annual Conference, at which supervisors, employees, and cooperating agency personnel share ideas and plan strategy for future programs.
The Division consists of : a director; three program directors (each serving districts in a specific region of the state); a land and water conservation program chief plus a biologist, an engineer, and six regional agricultural conservation specialists; a stormwater specialists; 42 district-based resource specialists; and a central support staff, which includes a budget and personnel chief, two information specialist, an administrative coordinator, a district support specialist, a Riverwatch program coordinator, and two secretaries.
Other responsibilities of the Division, as outlined in the Indiana Soil and Water Conservation District Act, include:
| 1. | Performing all administrative duties required by the rules of the State Soil Conservation Board. |
| 2. | Assisting districts and other cooperating agencies in the planning, coordination, and training for state and local adult and youth natural resource conservation education and information programs and activities. |
| 3. | Providing professional soil and water conservation technical assistance to districts. |
| 4. | Administering a non-agricultural erosion/sediment control program, which includes assisting districts in carrying out their landfill inspection-related and Rule 5-related responsibilities. |
| 5. | Administering a lake and river enhancement program that provides technical and financial assistance for study, design, construction, and watershed land treatment projects aimed at solving sediment and associated nutrient problems in public-access lakes and streams. |
| 6. | Assisting other federal, state, and local entities in encouraging and monitoring compliance with those aspects of their programs that are related to erosion/sediment reduction. |
State Soil Conservation Board. This unit, established by IC 14-32, sets policy governing the activities of districts and the Division of Soil Conservation. It consists of nine members - six of whom are freeholders appointed by the Governor (four with agricultural interests and two with non-agricultural interests) the other three are ex-officio members representing the director of IDNR, Commissioner of Agriculture, and director of Purdue University Cooperative Extension Service. Duties of the State Board include:
| 1. | Arranging for assistance to districts to carry out their programs. |
| 2. | Keeping supervisors informed of the activities and experiences of all other districts. |
| 3. | Coordinating the diverse programs of districts through advice and consultation. |
| 4. | Securing cooperation from other state and federal agencies in the work of districts. |
| 5. | Coordinating the T-by-2000 soil conservation and water quality protection program efforts in cooperation with other state and federal agencies through the SWCDs. |
| 6. | Developing a statewide regulatory program to be implemented after all reasonable voluntary approaches to erosion and sediment reduction have been exhausted. |
Division
of Reclamation. This unit administers state and federal laws and regulations
requiring the reclamation of lands affected by the mining of coal, clay,
shale, and/or oil shale.
Division of Forestry. This unit provides guidance to forestland owners and the forest industry through the statewide forester network and provides nursery seedlings for erosion control and forestry purposes.
Division of Fish and Wildlife. This unit is responsible for the preservation, protection, and wise management of the state's fish and wildlife resources.
Division of Outdoor Recreation. This unit is responsible for long-range recreational planning, scenic river preservation, long distance trails development, administration of federal and state grants, and coordination of IDNR environmental reviews.
Other State Agencies
Purdue University Cooperative Extension Service. This entity, through the 1997 cooperative working agreement and a 1996 working agreement with each SWCD, assists with educational efforts, such as tours, field days, meetings, demonstration sites, etc., designed to further district conservation program goals. Primary sources of this assistance are the local extension educator(s) and the T-by-2000 soil conservation education program staff, consisting of five regional specialists plus a Purdue-based coordinator.
Purdue University Agricultural Research Programs. This entity conducts research related to soil erosion, sedimentation, and water quality degradation problems and makes the results available to districts and other conservation-related groups.
Indiana Department of Environmental Management. This unit carries out those state statutes related to overall quality of the natural environment in Indiana, including water, air, solid and hazardous waste, and environmental response. It also has entered into a memorandum of agreement with IDNR, the State Soil Conservation Board, and each SWCD regarding implementation of Rule 5.
FEDERAL AGENCIES
Before a district can be assisted by the federal government, it must be officially organized, adopt a plan outlining its long-term objectives, and formally request assistance from the U.S. Department of Agriculture. The USDA has entered into a mutual agreement with the state and each SWCD concerning assistance in carrying out district programs, primarily through the following:
Natural Resources Conservation Service (NRCS). As spelled out in the 1997 cooperative working agreement, this unit provides personnel, equipment, and office space to help districts attain the objectives set forth in their long-range plans. NRCS also provides consultative and technical assistance to individuals and groups who affect the use of soil, water, plants, and related resources. Districts establish the priorities for providing this assistance.
SWCDs are serviced by NRCS field offices. Those offices are staffed by NRCS district conservationists or other NRCS personnel, such as resource conservationists, soil conservationists and soil conservation technicians. They are administratively responsible to the NRCS state conservationist through three assistance state conservationists for field operations.
NRCS administrative and technical specialists (e.g., agronomists, engineers, soil scientists, etc.), located in Indianapolis or in field offices, are available on a statewide or regional basis to carry out agency operational and program activities and provide technical expertise to districts on an as-needed basis.
Farm Services Agency (FSA). Also a party to the cooperative working agreement with districts, this agency provides a share of landowner costs for applying conservation practices through the Environmental Quality Incentives Program (EQIP). USDA policy invites SWCD supervisors to participate with county FSA committees in developing county programs. The NRCS personnel in your district are responsible for the technical certification of permanent conservation practices receiving cost-sharing.
Rural Development (RD). This agency provides insured loans to eligible farmers for agricultural production costs, including those for long-term conservation improvements. RD also makes loans to help provide community facilities or services, such as rural water supply systems.
Extension Service (ES). This agency cooperates with land grant universities in extending conservation and resource development education to landusers and others.
Other Federal Agencies. Providing some but less direct assistance to
districts are the U.S. Forest Service, U.S.
Fish and Wildlife Service, USDA Agricultural Research Service, U.S.
Environmental Protection Agency, plus the U.S. Army Corps of Engineers,
which carries out flood control studies and improvements of major rivers
and streams.
DISTRICT AFFILIATIONS
The Indiana Association of Soil and Water Conservation Districts, Inc. (IASWCD) was formed to: (a) promote cooperation among districts, (b) facilitate exchange of information relating to district administration and operation, (c) promote the interests and soil and water resources. Its members are the state's 92 SWCDs.
Unlike individual districts, the IASWCD is a non-governmental body without legal authority. It is incorporated as a domestic, non-profit organization and operates under by-laws that provide guidance for organizational and administrative activities. It cooperates with the represents the National Association of Conservation Districts at the state level.
The IASWCD has an annual meeting to transact business, elect officers for one year, consider resolutions, and plan its program for the coming year. Its board of directors consists of the four Association officers (i.e., president, vice-president, secretary, and treasurer), 13 elected regional representatives, the immediate past president, the IASWCD Auxiliary president, and the Indiana District Employee Association president.
The IASWCD has five standing committees -- District Operations, Education, Legislative, Natural Resources, and Ways & Means -- which plan, coordinates, and implement various portions of the Association's program. Special committees may be appointed by the president as the need arises.
The IASWCD gives districts a unified voice in making requests to the state legislature and to state and federal agencies. It also facilitates exchange of ideas among districts on administration, needs, accomplishments, and experiences.
Region Associations of SWCDs
In Indiana, the Region Associations of SWCDs are made up of the districts within 3 geographic areas of the state (see map). Each region association elects an IASWCD director, a chair, and a secretary/treasurer from among the supervisors of its member districts. It may also have a committee structure patterned after the IASWCD to carry out various activities upon request of the chair.
Region Associations hold three or four meetings per year to conduct business. These meetings provide districts with opportunity to exchange experiences, discuss problems, and offer recommendations to the IASWCD.
The National Association of Conservation Districts (NACD) has as members some 3,000 districts throughout the nation, including the 92 in Indiana. NACD is a policy-forming body and national voice of districts to the U.S. Congress and federal agencies. Each district can help guide national conservation efforts through NACD.
Policies are determined by state associations working together in regions.
Indiana is in the North Central Region, along with Illinois, Iowa, Michigan,
Minnesota, Missouri, Ohio, and Wisconsin.