New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-4 - Stormwater Management › Section 646-4.1 - Preamble

Current through Register Vol. 46, No. 28, July 10, 2024
Environmental Conservation Law, section
						43-0112 directs the Lake George Park
						Commission ("commission") to develop regulations to guide preparation of local
						stormwater management plans and regulatory programs. The statutory provisions
						state that municipalities within the Lake George Park shall develop and
						implement the plans and programs consistent with the regulations and subject to
						the approval of the commission not later than 18 months from the effective date
						of the regulations. If the commission determines that a municipality has failed
						to develop a plan or program or fails to implement an approved plan or program,
						then the commission shall assume the authority of the municipality to do so.
						The regulations are contained in this Subpart and they first became effective
						on September 19, 1990. The regulations provide that the commission prepare a
						model ordinance as an aid to local government and a means to streamline review
						of local regulatory programs. The Model Ordinance was completed and provided to
						each municipality on December 15, 1990. The commission also prepared and
						established additional aids for the municipalities. On April 17, 1992,
						following expiration of the 18-month statutory timeframe, the commission
						assumed jurisdiction over stormwater in three municipalities which had
						determined not to develop a plan or regulatory program. Before the commission
						approved any local regulatory program or stormwater plan in municipalities
						which had determined to develop a plan or regulatory program, the regulations
						were amended. This section was added to put these amendments in context. The
						purpose of the amendments was to reduce procedural and regulatory
						inconsistencies which had been identified during the review of several
						preliminary local stormwater regulatory programs and which had a direct bearing
						on decisions affecting municipal programs which had been submitted for
						approval. The timing of the amendments was such that the revisions would be in
						place prior to review and approval of local regulatory programs and stormwater
						management plans. Thus, no local plan or regulatory program was approved prior
						to the referenced amendments. Accordingly, the amendments include a provision
						which affords additional time for municipalities to complete action on local
						programs and plans. In the interest of ensuring that the water quality
						protection benefits of improved stormwater management not be unduly delayed,
						the amendments set a time period of nine months from notice of the effective
						date of the amendments to this Subpart within which the municipalities must act
						to complete and implement a stormwater management plan and regulatory program.
						Once the nine-month period has passed and a municipality is not in compliance
						with the time limit set forth in this Subpart, the regulations provide that the
						commission shall assume jurisdiction over stormwater in such a
						municipality.