2023 New York Laws › ENV - Environmental Conservation › Article 43 - Lake George Park Commission › 43-0112 - Stormwater Management and Stream Corridor Management.

§ 43-0112. Stormwater management and stream corridor management.
1.   Stormwater  management  plans  for  lands  where  development  is
occurring or may occur in the future. The commission shall adopt,  after
public  hearing  according to the provisions of the state administrative
procedure act, rules  and  regulations  for  the  preparation  of  local
stormwater  management  plans  and  stormwater regulatory programs. Such
rules and regulations  shall  be  developed  in  consultation  with  the
department,  the Adirondack park agency and each municipality located in
whole or in part within the park, and shall be subject  to  approval  by
the department and Adirondack park agency.
a.  Within  eighteen  months  of  the effective date of such rules and
regulations of the commission, each municipality located in whole or  in
part  within  the Lake George park shall prepare a stormwater management
plan and a stormwater regulatory control program which  implements  such
plan  consistent  with  such  rules  and  regulations and subject to the
approval of the commission.
b. Stormwater  management  plans  and  their  implementing  stormwater
control regulatory programs shall be designed:
(1)  to prevent any increase in stormwater runoff from any development
in order to reduce flooding, siltation and streambank erosion; and
(2) to prevent any increase in pollution caused by  stormwater  runoff
from  development, which would otherwise degrade the quality of water in
Lake  George  and  its  tributaries  and  render  it  unfit  for   human
consumption,  interfere  with water-based recreation or adversely affect
aquatic life.
c.  In  addition  to  pollution  standards,  the  stormwater   control
regulatory  program shall incorporate a standard which requires that the
total annual volume  of  surface  water  runoff  which  flows  from  any
specific  site  during  and  following development shall not exceed that
which prevailed prior to development. The methods used to determine  the
annual  volumes  of  surface  water  runoff  shall  be  developed by the
commission and  incorporated  in  the  rules  and  regulations  for  the
preparation  of  the  local  stormwater  management plans and regulatory
control programs.
d. Any municipality located in whole or in part within  the  park  may
enter  into  an  agreement  with  the  commission  for the commission to
develop the municipality's stormwater management plan. Such an agreement
must be entered into within ninety days of the  effective  date  of  the
commission's  rules and regulations adopted pursuant to this subdivision
and, if such  agreement  is  not  made  in  such  time  period  and  the
municipality  fails  to  meet  the  requirement  of  paragraph a of this
subdivision, the commission shall be deemed to  have  the  authority  to
develop such plan.
2.  Stormwater  management study for sites and areas where development
has  occurred  prior  to  the  effective  date  of  this  section.   The
commission,  in  consultation  with  the department, the Adirondack park
agency and each municipality located in whole  or  in  part  within  the
park,  and subject to the approval by the department and Adirondack park
agency, shall prepare a study of the feasibility of reducing the impacts
of stormwater runoff in areas of the park where development has  already
occurred.  This  study  shall  assess the impact of stormwater runoff on
water  quality  from  existing  development,  identify  cost   effective
measures  to  control  stormwater runoff, and propose funding mechanisms
for implementation of such measures. The commission shall  complete  the
study  within  two  years  of  the  effective date of this section. Upon
completion of the study of the commission, the  study's  recommendations
shall  be  incorporated by the commission into the stormwater management

plan and by each municipality into  its  stormwater  regulatory  control
program, subject to the approval of the commission.
3.  Implementation.  In  addition  to  existing powers and authorities
therefor, each municipality located in whole or in part within the  park
is  hereby  authorized and empowered to adopt and implement a stormwater
regulatory control  program  consistent  with  the  provisions  of  this
section.  If  the commission finds that any such municipality has failed
to adopt  such  program,  to  incorporate  recommendations  pursuant  to
subdivision  two  of  this  section  or  to  implement such program, the
commission is hereby authorized and empowered to assume the authority of
the  municipality  that  has  failed  to  act,  adopt  and  implement  a
stormwater  regulatory  program  consistent  with the provisions of this
section for the municipality subject to the commission's finding.
4.  Nothing  in  this  section  shall  be  construed  to   limit   the
department's authority to regulate discharges or stormwater.
5.  The  commission shall, after consultation with the department, the
department of health, the Adirondack park agency and  each  municipality
located  in  whole  or  in  part  within  the  park,  further promulgate
regulations relative to stream corridor management which  shall  include
standards   for  the  location  of  roads,  stream  channelization,  the
frequency of stream crossings,  and  timber  harvesting  and  vegetative
cutting restrictions within designated stream corridors. The regulations
adopted  pursuant  to  this  section  may  be  stricter than regulations
promulgated by the department.
6.  In  cooperation  with  local  lake  associations  and  educational
institutions,  the  commission  shall  continue  existing  water quality
monitoring programs to monitor water quality in Lake George to determine
the effectiveness of control measures, and to identify sources of ground
and  surface  water  contamination  for  investigation  and  enforcement
purposes.