N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-8.1

Current through Register Vol. 46, No. 45, November 2, 2024
Section 646-8.1 - Statement of findings and purpose

The commission hereby declares that Lake George and its surrounding environs are a treasured resource to the people of the State of New York; that, consistent with article 43 of the ECL, this unique resource must be protected and preserved through optimum conservation, protection and preservation measures to protect the Lake George Park and, in particular, the water quality of Lake George; that in recent years the Lake George Park has experienced rapid growth and development; that the subdivision and development of land are commercial enterprises which are leading to adverse impacts to water quality; that recent testing of water quality in Lake George by the commission, other State agencies, and local municipalities and the Lake George Association Fund has demonstrated alarming levels of contamination in Lake George from both existing and new development and the wastewater and stormwater discharges associated with those activities; that, if proper safeguards are not implemented promptly, irreversible harm may be done to this treasured resource through further contamination of the waters of Lake George, the acceleration of the eutrophication process, the proliferation of exotic weed species, all of which will adversely impact Lake George as a natural, scenic and economic resource; that, pursuant to chapter 617 of the Laws of 1987, the commission was granted authority to regulate wastewater discharges and to promulgate regulations for the preparation of stormwater plans within the Lake George Park; that the implementation of that authority is imperative to address the serious water quality problems at Lake George; that the implementation of that authority will take approximately one year or longer through the development of comprehensive parkwide wastewater and stormwater management regulations and the regulatory and environmental reviews associated with that process; that, pending promulgation of such programs, interim stop gap measures are necessary to protect the water quality at Lake George from further degradation from further development in the Lake George Park without the benefit of the optimum conservation measures that will be incorporated in those programs; that, pursuant to ECL, sections 43-0107(24), (32) and 43-0111, the commission is authorized to prohibit, restrict or control commercial development in the Lake George Park; and that it is necessary for the commission to implement its authority regarding commercial uses to establish a permanent zone and to temporarily prohibit commercial development within that zone pending the implementation of comprehensive wastewater and stormwater regulations, and then to limit commercial development consistent with such regulations.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-8.1