N.Y. County Law § 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.