LGPC SW UPDATESNEW YORK
LLSTATE OF
OPPORTUNITY.
Bruce E. Young
Chairman
Lake George
Park Commission
Dave Wick
Executive Director
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LGPC Proposed Stormwater Regulations Updates - Beginning Year 2021
The Lake George Park Commission (LGPC/Commission) currently administers stormwater management regulations
related to land development in the Lake George Park. These regulations went into effect in September of 1990, and
were subsequently updated in 1998. The Commission maintains jurisdiction and administers the stormwater permit
process in the towns of Hague, Ticonderoga, Putnam, Dresden and Fort Ann. The towns of Queensbury, Bolton, Lake
George and the Village of Lake George have adopted the Commission's model stormwater regulation and have
assumed jurisdiction and administration within their own municipal processes.
All NYS agencies including the Commission are required to review their regulatory authorities within a reasonable
timeframe and update those regulations as needed through a public process. The Commission's current stormwater
regulations and standards have been in place in their current format for 22 years, and the Commission finds that these
regulations are due for review and updating.
As such, the LGPC has reviewed the Commission's Stormwater Management Regulations (Subpart 646-4), with the
intent of achieving enhanced protection of the water quality of Lake George while balancing the impact on the
regulated community. Proposed modifications are based on stormwater management science and are focused on
reducing existing and future impairments to Lake George water quality.
To achieve the goal of long-term sustained protection of Lake George's outstanding water quality and clarity, the LGPC
is considering the following regulatory changes to Subpart 646-4.
ITEM 1: Logging and Agricultural Activities
Action: Logging and agricultural activities which exceed stormwater jurisdictional disturbance thresholds (5,000
square feet) must have a conservation plan that has been reviewed and approved by the Commission or the local
municipality administering stormwater regulations prior to commencement of the logging activity. Logging operations
must comply with the proposed 35' stream corridor cutting restrictions as noted in Item #5 of this document.
About This Change, Logging and agricultural activities exceeding 5,000 square feet of disturbance are already
regulated actions by the LGPC. However, the current regulations do not require conservation plan approval from the
Commission or delegated municipality, rather they require approval from the County Soil and Water Conservation
District or the NYS DEC to ensure that the proposed activities are in compliance with best management practices and
that they will not have undue impact to streams, wetlands or the lake. The proposed modification would transfer
oversight from these outside agencies directly to the agency or municipality administering the stormwater
regulations. A two -page "Notice of Intent/Soil Conservation Plan Form" needs to be submitted to the Commission or
delegated municipality two weeks in advance of a logging job.
75 Fort George Road; P.O Box 749, Lake George. NY 12845 1518.668 9347 Fax: 518 668.5001 1 email: lave@lgpc state my us
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Historically, the regulatory offload onto the DEC and Conservation Districts has led to an incomplete understanding of
the regulatory requirements and has led to low compliance rates. This has resulted in several enforcement cases
against landowners and logging companies, and created impacts to natural resources that could have been avoided
with proper planning and review. Conservation/erosion control plans submitted by landowners or their logging
contractors will be guided by the DEC's NYS Forestry Best Management Practices for Water Quality.
References: 646-4.3 and 646-4.12(C)(a)
ITEM 2: Fertilizer Applications
Action: Within the Lake George Park, no person shall apply or authorize the application of lawn fertilizers within 50
feet of any waterbody, excepting newly established lawn areas during their first growing season.
About This Change: Lawn fertilizers by their very nature provide food for vegetative establishment and growth.
However, these same fertilizers applied in excess or carried offsite into a waterbody, can greatly accelerate the growth
of aquatic plants and algae in waterbodies and wetlands. The resulting impact reduces water clarity, water quality,
and the quality of the aquatic system. Fertilizers applied adjacent to waterbodies are much more prone to being
conveyed offsite and into those waterbodies, causing these resulting negative effects. By eliminating lawn fertilizer
applications within 50 feet of any waterbody or wetland, those resulting unintended impacts can be greatly reduced.
This regulation parallels the Town of Queensbury regulation which was enacted in 2011 (Local Law 5-2011). The goal
is to provide greater public awareness of the negative impacts of lawn fertilizers on Lake George and its many
tributaries and wetlands, ultimately resulting in lesser impacts to these natural resources.
No permit shall apply to this provision. It is simply proposed to be a restriction on use.
Reference: 646-4.5 (Prohibitions)
ITEM 3: Standard Setback for Stormwater Facilities for Residential Projects
Action: Create a standard 35 foot setback to water resources for all infiltration devices serving residential projects.
This action is a lessening of restrictions for major land development projects, reducing the existing horizontal setback
distance between stormwater infiltration devices and water resources (i.e. Lake George, streams, wetlands, wells)
from 100-feet to 35-feet. Stormwater infiltration and treatment practices have often required a variance on smaller
parcels due to the relatively large setback requirement. This setback relief will allow for appropriate, protective
stormwater infiltration practices for applicants and stormwater designers.
About This Change: Currently, all stormwater infiltration devices for projects meeting the "Major" development
standard as well as those that service roadways and parking lots for "Minor" development standards must meet a 100
foot setback requirement from all water resources. Stormwater from residential development is generally less
impactful to lake and stream water quality than stormwater from larger and more commercial developments.
However, the regulations currently do not differentiate between these uses. As a result of the 100 foot setback
requirement, it is often difficult for applicants to complete quality stormwater efforts for single home residential
projects. The Commission believes that a standard 35' setback for all residential infiltration devices will dovetail
better with existing shoreline setbacks and allow for greater stormwater treatment to be designed and constructed,
thus protecting the quality of Lake George and its tributaries.
75 Fort George Road, P 0 Box 749, Lake George, NY 12845 1 518,668.9347 Fax: 518.668 5001 1 email: dave@lgpc.state ny.us