Regulatory Requirements

The installation and maintenance of a micro hydropower system is subject to Federal, State, and Local laws and regulations. The agencies responsible for administering these regulations are important partners throughout the feasibility testing, installation, and operation of a micro hydro system. In this section, get to know the different levels of regulation, as well as how and when to interact with each agency.

Federal, State, and Local Regulations

Federal and State agency regulations will apply to every project in New York State. These agencies include the Federal Energy Regulatory Commission (FERC), New York State Department of Environmental Conservation (DEC), and may include other agencies, depending on the specific project.

Federal

Learn more about the Federal Energy Regulatory Commission (FERC) and federal regulations governing hydropower.

State

Learn more about New York State Department of Environmental Conservation and the state regulations that affect hydropower installation.

local

Learn more about your local regulations. Local regulations can have significant impacts on the feasibility and requirements of a micro hydro installation.

Local laws and regulations will vary across the State based on where your site is located. Being familiar with local development regulations may affect the design and feasibility of your project.

This is the most up-to-date information regarding micro hydropower policy as of Fall 2017. Be sure to work with your local federal and state agency offices, as well as your local government to make sure you have the most recent information. Check back for updates the Saw Kill project evolves and the regulatory requirements evolve.

An additional resource is the RAPID (Regulatory and Permitting Information Desktop) Toolkit for hydropower in New York State. The RAPID Toolkit provides easy access to federal and state permitting information, best practices, and reference material for renewable energy and bulk transmission project development.

Diagram showing the federal permitting process

Saw Kill Project:
FERC Permitting

The first step in the federal regulatory process is sending a Letter of Intent to the Federal Energy Regulatory Commission (FERC).

The response you receive from FERC will determine what next steps are required. If FERC does not have jurisdiction over your project, there is no more FERC compliance required. If FERC does have jurisdiction over your project, you can then submit an Exemption Application.

Legal Posts

The latest articles on the legal impact of microhydro power.

Jan Borchert, Current Hydro Submitting an application for […]
Jan Borchert, Current Hydro Submitting a final application […]
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Jan Borchert, Current Hydro This post is about […]