The New York State Department of Environmental Conservation has a good page on their website that explains how and why stormwater is regulated in New York (see link below). Most local municipalities now have their own local stormwater management laws. Under the State Environmental Quality Review Act (“SEQRA”) real estate developers are often required to demonstrate compliance with State and local laws pertaining to stormwater management in order to ensure that stormwater runoff from a development site does not negatively impact surrounding properties.
In addition to State and local laws, “common” law nuisance and trespass doctrines define the parameters of private property rights, e.g. with respect to property damage caused by stormwater. In short, there are layers of laws and regulations that dictate how stormwater is handled proactively during the zoning process, and how disputes arising out of property damage caused by stormwater are resolved.
For more information about stormwater law and/or real estate development, please contact us at (914) 338-8050.
For general information about the firm, including our contact information, please click here.
The Law Offices of Keith R. Betensky, Esq.
The Empire Building
26 Village Green, Suite 4
P.O. Box 22
Bedford, New York 10506-0022