Watershed Rules & Regulations

What are the Watershed Rules and Regulations?
What are Some of the Key Elements of the Watershed Regulations?
How will the Watershed Regulations Affect Homeowners?

 

The information contained in this section is not exhaustive. For additional information on the Watershed Rules and Regulations, or to obtain a copy of the regulations, you may contact the New York City Department of Environmental Protection at the following address:

New York City DEP
WOH Engineering
PO Box 370
Shokan, NY 12481
(845) 657-6972

 
What are the Watershed Rules & Regulations?

The second component of the Watershed Agreement is the revised "Rules and Regulations" that describe restrictions and regulations applicable to activities undertaken within the watershed. These regulations, which went into effect ion May 1, 1997, are designed to ensure the continued, long-term protection of the City's water supply, while minimizing the adverse economic impacts on Watershed communities.

Last officially updated and approved in 1953, the revisions to the Watershed Regulations were first proposed in 1990, and had been the subject of intense debate for over six years. The signing of the Memorandum of Agreement means that all of the parties involved have "signed off" on the latest version of the Watershed Regulations, which enabled the NYSDOH to approve them, and make them enforceable throughout the watershed.

Among other things, the Watershed Regulations will control sources of pollution including wastewater treatment plants, sewer systems, septic systems and stormwater pollution. The regulations generally include restrictions that reduce contaminants and prevent degradation of the water supply, but will also provide exemptions for certain activities in designated areas. These exemptions are designed to promote responsible growth in existing areas, while protecting water quality through increased regulation of activities within these areas.

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What Are Some of the Key Elements of the Watershed Regulations?

Some key elements of the Watershed Regulations include:

  • Construction of new wastewater treatment plants are prohibited in certain basins, and all existing wastewater treatment plants must install sophisticated wastewater treatment technology within 5 years, for which the City will pay. In addition, plants are not allowed to discharge effluent into wetlands and may only discharge into intermittent streams subject to NYSDEC standards.
  • All septic systems installed, repaired or replaced in the Watershed require prior approval by the City, and no septics are allowed within 100 feet of a watercourse or wetland or within 300 feet of a reservoir. It should be noted that these standards are state-wide standards, and not exclusive to the Watershed.
  • No new impervious surfaces are permitted within 300 feet of a reservoir, or 100 feet of a watercourse or wetland. Some exemptions to this rule exist for villages, hamlets, commercially zoned areas, and single family home construction.
  • Construction of new roads are prohibited within 50 feet of intermittent streams or wetlands, 100 feet of perennial streams or 300 feet of a reservoir. Access roads to subdivisions are allowed within the 100 foot buffer subject to approval by the City of a stormwater pollution prevention plan.
  • The location of new petroleum storage tanks are restricted. For example, no new gas stations or underground home heating oil tanks are permitted within 100 feet of a watercourse or 500 feet of a reservoir.
  • No new registered hazardous substance storage tanks are permitted within 100 feet of a watercourse or 500 feet of a reservoir.
  • Many types of new commercial and industrial projects within the Watershed now require the preparation of a "Stormwater Pollution Prevention Plan" (SPPP), which must be reviewed and approved by the City before final project approval may be granted. Examples of projects that would require a SPPP include:
    • the development or disturbance of land greater than 5 acres in size;
    • construction of a subdivision (defined as 5 lots or more of 5 acres or less each), a new paved road or a gasoline station;
    • construction of a new industrial, commercial or multi-family residential project that will create more than 40,000 square feet of impervious surfaces;
    • construction of an impervious surface in a village, hamlet, or commercially or industrially-zoned area in the Watershed;
    • an expansion of up to 25% of an existing commercial or industrial facility's impervious surfaces if it's within 100 feet of a watercourse or wetland.

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How will the Watershed Regulations Affect Homeowners?

Provisions in the Watershed Regulations that will affect homeowners most are those that deal with the placement and operation of septic systems, the location of underground fuel oil storage tanks, and the construction of new impervious surfaces (i.e. driveways) on residential property. However, even though a homeowner may live in the Watershed, the revised regulations will have the greatest impact on those homeowners who live near water -- like reservoirs, wetlands and streams.

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Septic Systems

All existing septic systems that are operating according to federal, state and local approvals, but don't meet the additional requirements of the watershed regulations, are allowed to continue. However, if a septic system should fail and need major replacement, its repair should be made according to the new standards. If, because of site limitations or other conditions, that is impossible, the owner must work with NYCDEP to determine the most appropriate design and location. In addition, NYCDEP must review and approve any modification, expansion or remediation of an existing septic system. Routine repairs and maintenance are not affected by the regulations.

With regard to new septic systems, the NYCDEP will continue to monitor and approve design, treatment methods, construction, maintenance and operation. New conventional septic systems will not be allowed within 100 feet of a watercourse or 300 feet of a reservoir. When site conditions are unsuitable for a conventional system, raised systems are allowed, with certain restrictions on location.

In addition, the new regulations:

  • prohibit mound systems, intermittent sand filters and evapotranspiration/absorption systems;
  • require an additional area of at least 100% of the primary absorption field's area to be set aside as a reserve field;
  • prohibit the building of primary or reserve fields under pavement or other impervious surfaces;
  • call for at least one percolation test and one deep hole test to be performed;
  • prohibit the siting of new septics where soil percolation rates are inadequate;
  • require a pump system to have a backup storage tank capable of holding one day's flow.

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Impervious Surfaces

The watershed regulations govern the siting of new impervious (i.e. paved) surfaces such as roads, roofs and parking lots. The regulations prohibit the construction of impervious surfaces within 100 feet of a watercourse or 300 feet of a reservoir, except in the following circumstances:

  • the construction of improvements or additions to an individual residence (as long as they are non-commercial);
  • agricultural activities;
  • the construction of a new road needed to provide access to 2 or more parcels of land or to a subdivision;
  • the paving of an existing dirt or gravel road;
  • the construction of a driveway, where the driveway is needed to provide access to an existing residence.

With regard to limits on new residential construction, impervious surfaces are prohibited within 300 feet of a reservoir. In addition, the construction of new homes within 100 feet of a perennial stream or wetland, in most cases, will be permitted, but will require an "Individual Residential Stormwater Permit" from the NYCDEP.

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Underground Storage Tanks

The watershed regulations stipulate that no new home heating oil tanks will be permitted within 100 feet of a watercourse or 500 feet of a reservoir.

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The Catskill Watershed Corporation
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