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Guilderland approves law requiring engineering reports for reconstruction near Watervliet Reservoir
Summary
The Town Board unanimously passed Local Law No. 3 to amend zoning rules for reconstruction of preexisting nonconforming structures near the Watervliet Reservoir, requiring engineer-stamped stormwater compliance plans and soils-engineer reports where slope stability is a concern.
The Guilderland Town Board on June 2, 2026, adopted Local Law No. 3 amending §280-30 and §280-32 of the Town Code to set reconstruction standards for lawful preexisting nonconforming structures located within setbacks from the Watervliet Reservoir and regulated watercourses. The amendments permit reconstruction provided the project does not increase the degree of nonconformity, a professional engineer stamps a plan certifying compliance with NYS Department of Environmental Conservation (DEC) stormwater regulations and erosion controls, and, where within the angle-of-repose setback, a soils engineer certifies the work will not result in slope failure.
Public commenter Deborah Fontes, a homeowner on the Watervliet Reservoir, asked whether rebuilding after fire or other natural disaster would require an engineering report; Supervisor Peter Barber confirmed that an engineer's plan would be required. Supervisor Barber also said Stormwater Officer Ken Kovalchik had found no violations of the town's stormwater code for Ms. Fontes' property.
Section additions specify that reconstruction must not increase nonconformity, that building permits for reconstruction must be applied for within five years of damage in certain cases, and that reconstructed structures must comply with the New York State Uniform Fire Prevention and Building Code. The Town declared the amendments an Unlisted Action under SEQRA and issued a negative declaration.
Supervisor Barber moved to adopt the law, Councilwoman Beedle seconded, and the motion passed by unanimous roll call. The law takes effect upon filing with the Secretary of State.
