DEC proposes rule change to ease sewer extensions for housing developments

Department of Environmental Conservation staff explained a proposed rule change (section 9) to Title 10 that would alter how DEC evaluates wastewater projects outside designated centers.

Under the current rule adopted in 2017, a municipality seeking new wastewater service outside a designated center must demonstrate there are no reasonable alternatives, that zoning controls prevent scattered development, and that the project addresses a significant health problem. DEC told the committee the proposed language would allow projects built specifically to "accommodate new housing" or reserve wastewater capacity for new housing to be deemed to meet those requirements.

"So instead of having to demonstrate to us that...there's no other alternative in our zoning to prevent scattered development, it wouldn't have to do those things if the project was being done to accommodate additional housing," DEC staff said. They explained that reserved capacity can be measured hydraulically (gallons per day) or by permit limits tied to pollutants.

Committee members raised questions about interagency coordination and legal implications; DEC said staff would work with colleagues in relevant environmental and municipal law offices and return with refined language and cross-agency input for markup.

DEC characterized the change as intended to remove an unintended barrier to building wastewater capacity for housing, while noting it would require careful drafting to preserve protections against sprawl.