§ 5. Creation of soil and water conservation districts. (1) When the
board of supervisors of any county determines that conservation of soil
and water resources and control and prevention of soil erosion and
prevention of floodwater and sediment damages are problems of public
concern in the county, and further determines that a substantial
proportion of the rural land occupiers of the county favors such a
resolution, the said board of supervisors, by a resolution adopted at
any regular or special meeting of the board, may declare the county to
be a soil and water conservation district for the purpose of
effectuating the legislative policy announced in section two, providing
written notice of intention to act on such resolution, together with the
basis for action, is provided by the county board to the state soil and
water conservation committee at least thirty days before action is taken
on such resolution. These determinations may be made through hearings,
petitions or referenda.

(2) In any suit, action, or proceeding involving the validity or
enforcement of, or relating to, any contract, proceeding, or action of
the district, the district shall be deemed to have been established in
accordance with the provisions of this article upon proof of the
adoption of the resolution of the county board declaring the county to
be a soil and water conservation district. A copy of such resolution
duly certified by the clerk of the board shall be admissible in evidence
in any such suit, action or proceeding and shall be proof of the filing
and contents thereof.

(3) Any soil conservation district heretofore created or existing
shall be deemed to be continued for all purposes and shall hereafter be
designated as a soil and water conservation district.

(4) Notwithstanding any other provision of this chapter, the mayor of
the city of New York shall have the authority to establish a soil and
water conservation district encompassing the five counties of the city.