2023 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.