2026-21363NoticeWallet

One-Year Silence Could Mean Automatic Hydropower Water Approval

Published Date: 10/19/2026

Notice

Summary

Erie Boulevard Hydropower asked New York DEC for permission to make sure their project keeps water clean. New York DEC has one year, until October 2, 2027, to decide. If they don’t respond by then, their approval is automatically given, so the project can move forward without delay.

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

One-year deadline for state water certification

Erie Boulevard Hydropower submitted a Clean Water Act section 401 water quality certification request received October 2, 2026. New York DEC has one year, until October 2, 2027, to act; if New York DEC does not act by that date, the certification is deemed waived under section 401(a)(1), allowing the project to move forward without delay.

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Key Dates

Effective Date
Published Date
10/2/2026
10/19/2026

Department and Agencies

Department
Independent Agency
Agency
Energy Department
Federal Energy Regulatory Commission
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