Rural Area Flexibility Analysis
Types and Estimated Numbers of Rural Areas: The 1999 statute and proposed regulations require that all dam owners operate and maintain a dam in a safe condition. Dams are located in all areas of the state, including rural areas. Therefore, all rural areas may be impacted by the proposed regulation.
Reporting, Recordkeeping and Other Compliance Requirements; and Professional Services: The proposed regulations are the same for dams located in rural areas. The proposed regulations are not applicable to dams below the permitting thresholds including many farm pond dams. Most rural dams are low hazard dams subject only to maintenance and recordkeeping requirements, with minimal costs involved.
Costs: The cost to comply with the proposed regulation will depend upon the dam's hazard classification, as well as the size and condition of the dam. Other than the factors mentioned above, it is not expected that there will be any variation in the cost to comply with the regulation based upon rural area status.
Minimizing Adverse Impacts: The proposed regulations have been developed to protect public safety. As stated above, dams are located across the state, and many are located in rural areas. A dam's hazard classification is based upon the potential impacts within the inundation area if the dam were to fail. Dams in rural areas with little or no development in the downstream inundation area, would have a lower hazard classification than a dam located in a more developed, heavily populated area. Dams with lower hazard classifications have lesser regulatory requirements. Therefore, the proposed regulations have incorporated a mechanism for minimizing the impacts on dam owners located in rural areas.
Rural Area Participation: The department has sought input from stakeholders in the development of the proposed regulations. The department has conducted mailings containing the web link to the proposed regulations and invited all dam owners to public outreach sessions. Information was sent to all dam owners listed in the department's dam inventory database, as well as organizations, such as the Federation of Lakes and Association of Conservation Districts which are in contact with many dam owners. The department held stakeholder outreach meetings in Poughkeepsie, Rochester, and Albany to gather input from all dam owners, including those located in rural areas. Revised proposed regulations and written responses to comments received during the three stakeholder outreach meetings and the public comment period have been prepared. The revised regulations and responses to comments from the public comment period will be made available to the public. An additional public comment period will be held for the revised rule making. The additional public comment period will be announced to dam owners via a press release, published in the Environmental Notice Bulletin and the State Register, and will be announced on the NYSDEC website. Notice will also be given to groups which have expressed interest in the regulations.
