The governing board of any city, town or village may by local law, ordinance or resolution regulate the construction, maintenance or use of open wells, cesspools, cisterns, re-charging basins, catch basins or sumps and may require that such installations be suitably covered or surrounded with protective fencing. Provision shall be made in such local laws, ordinances or resolutions for punishment of violations thereof. Nothing herein contained shall be construed to deprive the state water power and control commission of any jurisdiction which that commission may now or hereafter have pursuant to the provisions of the conservation law.
New York Legal Code