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Officials say Rutland Fair may qualify for impact-fee waiver under proposed amendment; topography complicates compliance
Summary
Department staff told the Natural Resources & Energy committee that the Rutland Fair faces site constraints that make full stormwater treatment difficult and supported an amendment that would exempt fairs from paying impact fees or completing offset projects if they cannot meet treatment standards.
Department of Environmental Conservation (DEC) staff briefed the committee on a proposed amendment concerning agricultural fairs and stormwater permit obligations. DEC staff said the amendment would not exempt fairs from meeting basic three-acre general-permit treatment standards but would allow a waiver from paying impact fees or conducting offset projects if a fair cannot meet treatment requirements because of site constraints.
DEC staff described site-specific constraints at the Rutland Fairgrounds — including topography and layout — that make meeting full phosphorus treatment standards difficult without costly engineering. The staff said the department is comfortable with an amendment that would allow impact-fee waivers or exemption from offsets in cases where facilities cannot meet the full treatment standard and where fees would otherwise be charged to address unmet phosphorus reductions elsewhere in the watershed.
The staff emphasized the department encourages fair organizers to continue using public funding sources for design work and remediation when feasible. DEC noted other fairs subject to the permit have greater engineering flexibility and may be better able to meet the treatment standards.
Ending note: DEC staff said they would be uncomfortable with broader exemptions that absolve fairs of permit obligations entirely.
