N.Y. County Law Section 263
Powers

The administrative head or body may acquire by gift, lease, purchase or condemnation, real estate and easements, rights of way or other interests therein necessary or proper for the purposes of the district. In Suffolk county it may acquire by gift, lease or purchase personalty or it may accept the gift of a sum of money necessary or proper for the purposes of the district. In water quality treatment districts, it may request, receive and administer grants and other sums of money necessary or proper for the purposes of the district. In the county of Oneida, it may grant easements or rights of way necessary or proper for the purposes of the district. It may (1) construct, reconstruct, improve or repair facilities in or under the surface of any highway in the county or in another county for the purpose of transporting water, sewage or drainage to or within the county district, and shall cause such highway to be restored to its usual condition at the expense of the district, or

(2)

provide for the collection and disposition of garbage, ashes, rubbish and other waste matter in such district, and for that purpose may provide for the construction, operation and maintenance of all necessary appliances appurtenant thereto, including such vehicles as may be required for the collection and disposition of garbage, ashes, rubbish and other waste matter. No facilities shall be laid under any county parkway, county road, town highway or city or village street without the consent of the officer or body having jurisdiction over, and control thereof, and, in the case of the state thruway, state parkways, state highways, county roads or county parkways, or highways constructed pursuant to section one hundred ninety-four, section one hundred ninety-five or article six of the highway law, in addition to such consents, the consent of the state commissioner of transportation or other state officer or body having jurisdiction over and control thereof. The administrative head or body of a county sewer district may acquire by condemnation from railroad corporations, real estate and easements, rights of way or other interests of such railroad corporations necessary or proper for the purposes of the district, provided, however, that in the event the railroad objects to such condemnation on the ground that it will interfere with the safe and uninterrupted maintenance and operation of the railroad, the railroad shall have thirty days after receipt of notice of such condemnation to request a hearing before the commissioner of transportation. The commissioner of transportation shall give the railroad and the district notice of not less than ten days of the time and place scheduled for such hearing. The commissioner of transportation, after hearing the evidence shall decide whether such condemnation is permissible and in the public interest, and whether an order permitting the county sewer district to enter upon said railroad lands to perform such work is necessary and proper; such order shall also include terms protecting the railroad in safe and uninterrupted maintenance and operation of said railroad during the performance of any work on railroad lands by employees and agents of the sewer district if their entry upon railroad lands for such work is deemed necessary by the commissioner’s order. The determination of the commissioner shall be subject to judicial review pursuant to article seventy-eight of the civil practice law and rules. The administrative head or body of any county water district on behalf of such county water district, with the approval of the board of supervisors of such county, a county water authority, any city, any town on behalf of a town water district, and any village which own and operate water systems may enter into contracts providing for interconnections of such water systems, regulating the sale of water, or the purchase of water, by any of the parties to the contract to another party to the contract, which contracts may contain such other further covenants, agreements, terms and conditions which the contracting parties deem necessary or desirable for the efficient and economical operation of the respective water systems of the parties to the contract, provided, however, that no such contract shall relate to an area then being served by any such county water district, county water authority, city, town water district or village without the consent of the governing board of the district, authority, city or village, as the case may be. Any such contract shall be subject to the approval of the water resources commission.

Source: Section 263 — Powers, https://www.­nysenate.­gov/legislation/laws/CNT/263 (updated Sep. 22, 2014; accessed Apr. 19, 2025).

250
Purpose 251
County agency 252
Powers of county agency 253
Preparation of maps and plans 253–A
Provision for excess sewer, drainage or water facilities 253–B
Amendment or modification of plans 254
Public hearing 255
Representation by municipalities and district 256
Establishment of a county district 256–A
Consolidation of Suffolk county sewer district number two Holbrook and Suffolk county sewer district number four - Birchwood North Shore 256–B
Suffolk county wastewater management district 257
Permissive referendum 258
Application to the department of audit and control 259
Recording and filing of determination 260
Review 261
Administration of the county district 262
Performance of the work 263
Powers 263–A
Powers with respect to lake protection and rehabilitation 264
Rules and regulations 265
Contracts 266
Water rates, water quality treatment, sewage, wastewater disposal and refuse collection charges and revenues 267
Expense of the improvement 268
Increase and improvement of facilities 269
Increase of maximum amount to be expended 270
Assessment of the cost 271
Alternative method of assessment 272
Taxation of district property 273
Contracts with public authorities for county water districts 274
Extension of the district 274–A
Consolidation of county districts by board of supervisors 274–B
Consolidation of the district and its extensions 275
Sale of water district facilities 276
Jurisdiction of other state agencies 277
Establishment of certain county sewer districts in Suffolk county 278
Definitions 279
Operation of certain collection and disposal facilities in Suffolk county 279–A
Acquisition of real property for future districts in Suffolk county 279–B
Agreements of county district 279–C
Certain agreements of a county sewer district in Orange county 279–D
Water districts in the county of Westchester
Green check means up to date. Up to date

Accessed:
Apr. 19, 2025

Last modified:
Sep. 22, 2014

§ 263’s source at nysenate​.gov

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