TO: Batchellerville Bridge Action Committee Members
FROM: Peter VanAvery
DATE: July 3, 2008

The deadline (July 30) for public comment on the Hudson River-Black River Regulating District's latest version of its proposed rules for Great Sacandaga Lake's permit system is coming up fast. Since some members have reported difficulty in downloading the District's public comment form, we have posted a PDF version on our web site (www.nybbac.org).

Remember that the District's board is unlikely to make any additional changes in the wording without pressure from above. So make certain that you send copies of your comments to Gov. David Paterson; Judith Enck, Deputy Secretary for the Environment; Robert Hermann, Director, Governor's Office of Regulatory Reform; and Assemblywoman Teresa R. Sayward. You'll find their addresses in the June 19 issue of this newsletter.


Here are some additional proposed rules that warrant your attention:


You should be aware of the fact that the District may be revising some rules on its own. For example, at its April meeting, the board passed a resolution that would lead to an amended rule declaring pedestrian footpaths as "unallocated" portions of front-lot permit areas. The narrow strip of state land that constitutes a footpath would not be assigned to the front-lotter. This would free him/her from liability for that strip of land (unless his/her actions cause a loss or damage). Instead, the District would assume liability.

At that board meeting, Executive Director Glenn LaFave characterized this change as a "minor" amendment. However, it will have a ripple effect on other proposed rules -- notably 4.3 (Non-Liability for Injury or Damage) and 5.11 (Acceptance of Access Permits Exempts State, District, and Board From Liability) -- that will need to be fine-tuned.

If the Governor's Office of Regulatory Reform decides that major changes have been made to the proposed rules during the current public comment period, it can require the District to publish the revised text in the NYS Register, followed by an additional 30-day public comment period. Otherwise, we won't see the changes until the rules are published in final form.


The District's next board meeting will be held at 9:30 a.m. on Monday, July 14, in the Auditorium of Northville Central School, 131 South Third Street, Northville. During the public forum held at the beginning of the meeting, attendees are invited to make statements on any pertinent subject (including the proposed rules). I urge you to attend and speak out.


The reservoir's elevation is at 766.33 feet above sea level -- about 1 foot under target.