NY Cty L § 299-N (2021)
2021 New York Laws CNT - County Article 5-D - County Small Watershed Protection Districts 299-N - County Small Watershed Agency and Processing of Applications.

§ 299-n. County small watershed agency and processing of applications. 1.  Designation  of  an  agency. The board of supervisors may appoint or designate a county small watershed agency (hereinafter  referred  to  as the  agency),  in  similar  manner  as  provided  in section two hundred fifty-one of this chapter in the case of county water districts, as  now in  effect  or  as  hereafter  amended. However, in any county where the board  of  supervisors  has  established  or  shall  establish  a   soil conservation  district  pursuant to the soil conservation districts law, the soil conservation district shall serve as such  agency.  The  agency shall  undertake  studies  and  assemble data relating to the need for a small watershed project (hereinafter  referred  to  as  the  "project"), pursuant to said "Watershed Protection and Flood Prevention Act" and the need  for  the  establishment  of  a  county  small watershed protection district (hereinafter referred to as the "watershed district").   2. Procedure for approval of  project  applications  and  establishing priorities therefor. If the agency, after study and investigation, is of the  opinion  that  it  would  be  in  the  public  interest and for the protection of public health and  welfare  to  undertake  a  project,  it shall,  with  the approval of the board of supervisors, make application to the secretary of agriculture of  the  United  States  for  assistance pursuant  to  section  three of the said "Watershed Protection and Flood Prevention Act".  Before such application is forwarded to the  secretary of  agriculture of the United States for approval, it shall be submitted to and approved by the water resources commission (hereinafter  referred to  as  the  "commission") prior to submission of the application to the secretary of agriculture. At  the  same  time  that  an  application  is submitted  to  the  commission, a copy thereof shall be forwarded by the agency to the state soil conservation  committee,  which  shall,  within thirty  days  after  receipt  of the copy of the application, submit any advice or comments to the commission. The commission  is  authorized  to establish and amend a priority list for projects, and to establish rules and  regulations  for the handling and processing of applications, plans and projects.   Such applications to the commission shall be accompanied by an outline of the project in general form indicating the purpose, size,  scope  and location of the contemplated project, the proposed works and facilities, and,  when available, preliminary estimates of the total maximum cost of the project and the amount and nature of requested federal aid and local costs. The approval of the application by the commission  shall  not  be deemed  to  be  final  approval  of the project, or approval of detailed plans  and  specifications  for  the  project,  or  to   authorize   the construction  of  any  project works or facilities. The commission shall not be required to hold a hearing on such  an  application  but,  before disapproving  any  application, it may cause a public hearing to be held on the application to hear any and all interested parties.   3. Approval of watershed work plan. (a) Upon completion of a watershed work plan which shall  contain  an  outline  of  the  proposed  project, including  preliminary plans, estimates, cost allocations and other data as provided in section three of the said "Watershed Protection and Flood Prevention Act," the agency, if it, after a study of the data, still  is of  the  opinion  that  the project should be undertaken, shall have the watershed work plan reviewed and approved  by  the  county  engineer  or another  properly  licensed  professional  engineer  retained  for  such purpose, and after such  review  and  as  approved,  shall,  subject  to authorization  by  the  board  of supervisors, submit the watershed work plan to the commission for approval, disapproval or modification. At the time of submitting the watershed work plan to the commission, the agency shall forward copies thereof to the soil conservation committee.  (b) The water resources commission shall cause a public hearing to  be held  on  the  watershed work plan in accordance with the provisions and procedures  provided  by  section  four   hundred   fifty-one   of   the conservation   law  in  respect  to  public  hearings  on  water  supply applications.  The commission shall with all convenient speed and within ninety days after the final hearing either approve, disapprove or modify the watershed work plan. In reaching its decision, it shall be the  duty of  the  commission to review the watershed work plan and other data and the evidence taken at the hearing, with due regard being  given  to  the allocation  of the water resources of the state to the various interests desiring to utilize such  resources  for  the  general  benefit  of  the public.  In  approving  the  watershed  work  plan  as  submitted, or as modified by the commission, the  commission  shall  determine  that  the watershed work plan includes the necessary works of improvement and that the  proposed  works  of improvement, will have no adverse effect on the general and equitable uses of the water resources of the state in  areas which might be affected thereby.  (c)  After  approval  by  the  commission,  the watershed work plan as submitted or as modified, shall be the  final  complete  watershed  work plan  for  the  project.  The  watershed  work  plan shall set forth the general scope and intent of the  project  but  not  necessarily  include maps,  plans and specifications in sufficient detail for contracting for and the construction of the works of improvement.   4. None of the works of improvement included in  the  final  watershed work plan shall be undertaken or constructed or put into operation until detailed  maps, plans and specifications therefor have been submitted to the commission for approval. The  commission  need  not  hold  a  public hearing  on such an application but may call upon the watershed district or its administrative head or body to furnish such  further  information or  proof  as the commission may require. The commission shall determine whether the detailed maps, plans  and  specifications  provide  for  the proper  and  safe  construction  of all work connected with the project. The commission may approve or disapprove the detailed  maps,  plans  and specifications,  or modify them and, as so modified, approve them.  When approved  or  modified  and  approved,  the  detailed  maps,  plans  and specifications shall be the final construction plan.   5. Modifications. Should it subsequently become necessary or desirable at any time either before or after the formation of a watershed district or  the construction and completion of a project that the watershed work plan be modified in a substantial manner in scope or intent as specified in this subdivision  five,  or  that  the  final  construction  plan  be modified  in  a substantial manner, such modifications must be submitted to the board of supervisors and,  if  approved  by  the  board,  to  the commission  for such further action or approval as it may deem necessary or advisable before such modifications are put into effect.  A change in scope or intent requiring modification of the watershed  work  plan  and the  action  and approval prescribed by this subdivision five shall mean (1) a change in the multi-purposes and features of the project, or (2) a change  affecting  flood  water  storage  which  requires  approval   of committees  of the Congress of the United States under the provisions of the "Watershed Protection and Flood Prevention Act".   6. Hearing expenses. The expenses of  any  hearing  and  determination required to be held and made by the commission shall be a charge against the  county  or  counties  and  such  county  or  counties  shall,  upon certification by the  commission,  pay  such  expenses  to  the  persons entitled thereto.