RAPID/Hydropower/New York/Land Access

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New York Hydropower Land Access(3-NY)

In New York, a hydropower developer may need to obtain a state land right-of-way or easements from the appropriate state agency if the proposed project will be located in, on, or above State owned real property. A developer may also need a State Highway Permit for Non-Utility Work and/or a State Highway Utility Work Permit for projects that encroach on, or require work within a State highway right-of-way. N.Y. Highway L. § 52. Additionally, a developer may also need to obtain an easement from the New York State Office of General Services (OGS) if the proposed project (including hydroelectric power structures, intake and discharge pipes, pipelines, transmission lines, cables and conduit lines, and/or fill materials) will be located in, on, or above State owned underwater lands. 9 CRR-NY 271-1.1; New York State Office of General Services: Lands Underwater. Finally, a developer may need to obtain an Occupancy Permit from the New York State Thruway Authority (Thruway Authority) in order to use and occupy real property under the Thruway Authority’s jurisdiction.

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Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.


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