Croton Watershed Protection

This ordinance from the Village of Croton-on-Hudson, New York (Chapter 227, Wetlands and Watercourses) establishes a comprehensive local regulatory framework for protecting surface and groundwater resources. It creates a specialized local body, the Water Control Commission, to oversee activities that could impact wetlands, water bodies, and watercourses. The ordinance is particularly noteworthy for its application within a critical drinking water supply watershed.

The Village of Croton-on-Hudson is located within the Croton River watershed, a major component of the New York City water supply system. This system is governed by a complex set of regulations and agreements, including the 1997 New York City Watershed Memorandum of Agreement. This local law serves as a powerful example of how a municipality can implement robust, site-specific controls that align with and support broader regional Source Water Protection objectives. This article focuses on the ordinance’s governance structure, applicability, and enforcement mechanisms as a model for other communities.

Key provisions

Adopted in 1988, the ordinance establishes a permit system for regulated activities within and adjacent to sensitive water resources. Its key components are administered by a dedicated technical commission, providing a level of expert oversight beyond that of a typical planning board.

Applicability and Regulated Areas

The ordinance applies to activities within designated “controlled areas” and adjacent buffer zones. The boundaries of these areas are established by the Water Control Commission on a case-by-case basis during application review. Controlled areas are defined to include:

• Water Bodies: Any body of standing water over 5,000 square feet that exists for at least six months of the year.
• Watercourses: Any body of water flowing in an identifiable channel for at least six months of the year.
• Rainfall Drainage Systems: Interconnected networks that convey surface water runoff.
• Wetlands: Areas of at least one-quarter acre that support hydrophytic vegetation, including various types of marshes, swamps, bogs, and floodplains. The definition also includes areas with poorly drained soils as classified by the USDA Soil Conservation Service.

To protect these resources, the ordinance establishes a two-tiered buffer system measured horizontally from the edge of a controlled area.

The combined regulated buffer area extends 120 feet from the edge of the delineated water resource. Activities outside this setback are generally exempt from the ordinance unless the Water Control Commission determines they will adversely impact a controlled area.

Administrative Structure: The Water Control Commission

A central feature of the ordinance is the creation of a five-member Water Control Commission. The Board of Trustees is empowered to appoint resident members with demonstrated training or experience in fields such as engineering, hydrology, conservation, ecology, or community planning. This ensures that permit decisions are informed by technical expertise.

The Commission’s powers and duties include:

• Reviewing and acting on permit applications for activities in controlled areas.
• Establishing the specific boundaries of controlled areas for each application.
• Ensuring compliance with the State Environmental Quality Review Act (SEQRA).
• Granting, denying, or conditioning permits based on the standards in the ordinance.
• Requiring the restoration of disturbed areas.
• Recommending fees and performance bonds to the Board of Trustees.
• Inspecting properties to ensure compliance and enforce the ordinance’s provisions.

Regulated and Permitted Activities

The ordinance specifies which activities are prohibited, which are permitted by right, and which require a permit from the Water Control Commission.

• Prohibited Activities: It is unlawful to place or deposit toxic substances, waste, debris, or sewage effluent within a controlled area or its buffers. The operation of off-road motor vehicles is also prohibited.
• Permitted by Right: Certain low-impact activities do not require a permit, including soil and water conservation; outdoor recreation like hiking and swimming; and the maintenance of previously approved water control structures.
• Activities Requiring a Permit: A wide range of activities are prohibited without a permit. These include the deposition or removal of material; draining or altering a controlled area; construction of buildings, roads, septic systems, or pools; clear-cutting of trees; and any discharge of contaminants from a point or nonpoint source.

Permitting and Standards

While a companion article on Wetlands Protection details the permit application process, the standards for decision-making are critical to this ordinance’s watershed protection function. In reviewing an application, the Commission must consider the environmental impact of the proposed action and whether a practicable alternative exists on a part of the property that is not a regulated resource. Key standards for granting a permit include evaluating whether the project:

• Has adequate safeguards to protect surface and groundwater from pollution, overuse, or other misuse, employing the best available technology.
• Is planned and designed to create minimal disturbance and prevent damage from erosion and siltation.
• Preserves natural flora, fauna, and their habitats.
• Protects against flood and pollution impacts on the controlled area.
• Represents a balance where the exercise of property rights outweighs potential degradation of the water resource or impairment of public health and safety.

Enforcement and Penalties

The Village Engineer, acting under the direction of the Commission, is the designated enforcing official. The ordinance provides a clear process for enforcement, beginning with a written notice of violation. The Engineer can issue a stop-work order, which remains in effect until the Commission reviews the matter.

The Commission has the authority to suspend or revoke a permit if a permittee has not complied with its terms. The ordinance establishes significant penalties for violations:

• Civil Penalties: Up to $3,000 for each violation, with each week of a continuing violation constituting a separate offense.
• Fines: For a first offense, a fine of $500 to $1,000. Subsequent offenses are treated as misdemeanors, punishable by fines of $1,000 to $2,000, imprisonment of 15 days to six months, or both.
• Restoration: The Commission has the power to direct a violator to restore the affected area to its prior condition under the Commission’s supervision.

Selected provisions, annotated

Further, it is the intent of this chapter to protect the surface and groundwater resources wholly and partly within the village from the threat of pollution, misuse or mismanagement.

Village of Croton-on-Hudson, NY, Code § 227, Article I

This clear statement of intent explicitly links the regulation of wetlands and watercourses to the broader goal of protecting both surface water and groundwater. This provision provides the legal and policy foundation for permit decisions that prioritize water quality and quantity, a critical element for communities in a public water supply watershed.

The Water Control Commission… shall consist of five resident members, who shall be qualified by reason of training or experience in engineering, water related science, community planning, conservation, landscape architecture, wildlife management, forestry, ecology, hydrology or other related business or profession.

Village of Croton-on-Hudson, NY, Code § 227, Article III

This provision establishes an expert-based review body. By mandating qualifications for its members, the ordinance ensures that complex technical and environmental issues are evaluated by individuals with relevant knowledge, rather than by a general-purpose board. This structure enhances the credibility and technical soundness of the permitting process.

In granting, denying or granting a permit with conditions, the Commission shall consider… whether the proposed action will have adequate safeguards, employing best available technology, to protect the surface and ground water resources of the village from drought, pollution, overuse and other forms of misuse.

Village of Croton-on-Hudson, NY, Code § 227, Article V

This standard for permit decisions directly operationalizes the ordinance’s intent. It empowers the Commission to require applicants to use modern techniques and technologies to prevent water resource degradation. This forward-looking requirement is essential for protecting long-term water supply integrity.

The Commission shall also have the power, following a hearing, to direct a violator to cease violation of this chapter and, under the Commission’s supervision, to restore the affected controlled area and minimum activity setback area satisfactorily to its condition prior to the violation, insofar as that is possible.

Village of Croton-on-Hudson, NY, Code § 227, Article VII

This clause gives the ordinance significant enforcement power beyond monetary penalties. The ability to compel restoration ensures that environmental damage can be remediated, making it a powerful deterrent and a tool for ecological recovery.

What makes it a useful model

The Croton-on-Hudson ordinance provides a strong and adaptable template for municipalities seeking to protect local water resources, particularly those within larger drinking water watersheds. Its most compelling feature is the establishment of the Water Control Commission, a specialized, expert-based body responsible for technical review and permitting. This governance model centralizes authority and ensures that decisions are grounded in sound science and engineering, which is critical when evaluating impacts on hydrology, water quality, and ecology. It provides a more rigorous review process than is often possible with a standard planning board or zoning board of appeals.

The ordinance’s use of a clear, two-tiered buffer system—a 20-foot “Prohibited Buffer Zone” and an additional 100-foot “Minimum Activity Setback”—creates a predictable and defensible standard for land use regulation near water resources. This structure is a practical model for implementing a local program for Stream Buffers. It clearly delineates areas of highest restriction from areas where regulated activity may be permitted with proper oversight, providing clarity for landowners, developers, and regulators.

Finally, the ordinance is effective because its provisions are tightly aligned with its stated purpose of protecting public water supplies. The specific standards for permit decisions, which include protecting groundwater and requiring the use of best available technology, are directly linked to Source Water Protection goals. This is complemented by a robust enforcement framework that includes substantial financial penalties and the power to mandate site restoration, giving the local government the necessary tools to ensure compliance. More information on similar local laws can be found in the Model Ordinances library.

Adaptation checklist for municipalities

Municipalities can use this ordinance as a guide for developing their own local water resource protection laws. Key steps in the adaptation process include the following:

• Define and map the specific “controlled areas” (wetlands, streams, ponds, floodplains) to be protected based on local geographic and hydrologic data.
• Establish the legal authority for and appoint a technical review body, such as a Water Control Commission or Conservation Commission.
• Specify the professional qualifications and terms of service for members of the review body.
• Determine appropriate buffer and setback widths based on local scientific data, land use patterns, and specific protection goals.
• Integrate the permit process with requirements of applicable state environmental review statutes.
• Develop clear permit application requirements, referencing local Stormwater Management criteria and the community’s Design Manual where applicable.
• Establish a fee schedule to cover the costs of application review, professional consultations, and site inspections.
• Designate a specific municipal official (e.g., municipal engineer, code enforcement officer) with the authority to enforce the ordinance.
• Ensure that proposed penalties for violations are consistent with the limits and procedures established by state law.
• Review and ensure consistency with other local land use regulations, including zoning, subdivision, erosion control, and steep slope ordinances.
• Reference relevant state and federal wetland and water quality regulations to ensure local rules are complementary and not contradictory.