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County attorneys caution on proposed 'green amendment' local law to protect Saugerties-area waterways
Summary
A proposed county local law to protect the Esopus, Rondout and Wallkill waterways prompted warnings from legal staff and several legislators on July 1 that the draft could expose Ulster County to litigation and to enforcement responsibilities it lacks authority or resources to carry out.
A proposed Ulster County local law intended to protect and restore the Esopus Creek, Rondout Creek and Wallkill (referred to in the draft as Wauke Hill River) drew robust debate on July 1. Committee members praised the intent but several cautioned the draft could expose the county to legal risk and to responsibilities it lacks the staff or regulatory authority to carry out.
County attorneys and committee members explained that most water-quality enforcement in New York flows from federal law (the Clean Water Act) and state implementation (NYSDEC/NPDES permitting); giving a county statute new private‑party enforcement rights or a different regulatory standard could invite suits challenging county obligations or asking the county…
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