New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter X - DIVISION OF WATER RESOURCES
Subchapter A - GENERAL
Article 1 - MISCELLANEOUS RULES
Part 673 - Dam Safety Regulations
Section 673.11 - Notices of property transfer
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 673.11
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The owner of a dam that either:
(1) is equal to or greater than 15 feet in
height or has a maximum impoundment capacity equal to or greater than three
million gallons, unless the dam has a height equal to or less than six feet,
regardless of impoundment capacity, or an impoundment capacity less than or
equal to one million gallons, regardless of height; or
(2) has been assigned a hazard classification
of class B or C, shall provide the following notices of property transfer:
(i) Notice by seller or transferor. Prior to
the signing of a contract of sale or other legal instrument used to transfer
rights in or title to the property where a dam is located, the dam owner shall
provide the prospective buyer or transferee a materially complete narrative
description of the dam and its appurtenant works, and the specific location
(latitude and longitude) thereof.
(ii) Notice of turnover of records by seller
or transferor. No later than the date of transfer of the property or rights
therein, the dam owner shall provide the buyer or transferee with copies of all
records that are and were subject to the recordkeeping requirements of this
Part. The records shall be accompanied by a certification, signed in accordance
with section
673.8(d)
of this Part, that all available records required by this Part to be maintained
for said dam have been turned over. Nothing in this Part shall be construed to
prohibit the dam owner from allowing a prospective buyer or transferee from
inspecting any records required to be maintained by this Part in advance of the
date of transfer.
(iii) Notice by
buyer or transferee. No later than the date of transfer of the property or
rights therein, the dam owner who is the buyer or transferee shall send written
notification of the property transfer to both:
(a) the department's dam safety section;
and
(b) the municipality or
municipalities in which the dam is located. The notification shall: describe
the dam and its appurtenant works; provide the location (latitude and
longitude) of the dam; and include a certification, signed in accordance with
section
673.8(d)
of this Part, as to the name(s), mailing address(es), and a telephone number
capable of contacting the dam owner(s) who is the buyer or
transferee.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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