The State Department of Environmental Conservation has released its proposed freshwater wetlands regulations.
The draft regulations are now available for public comment until September 19.
The regulations would add an estimated one million additional acres of wetland habitats in New York State.
You can view the draft regulation here: https://dec.ny.gov/regulatory/regulations/proposed-emergency-recently-adopted-regulations/fish-wildlife-revisions
Freshwater wetlands are lands and submerged lands—commonly called marshes, swamps, sloughs, and bogs—that support aquatic or semi-aquatic vegetation. New York’s Freshwater Wetlands Act was enacted in 1975 and modernized as part of the 2022-2023 Enacted State Budget. The proposed rule would take effect in January 2025 and clarify jurisdictional status of smaller wetlands of “unusual importance” that meet one of 11 specific criteria contained in the newly amended Freshwater Wetlands Act. In addition, the draft regulations provide a revised wetlands classification system and a process for the public to request and appeal jurisdictional determinations.
The DEC encourages the public to comment on the proposed regulations.
Comments will be accepted through September 19, 2024, and can be submitted via e-mail to WetlandRegulatoryComments@dec.ny.gov (subject: “Wetlands Part 664 Comments”) or via mail to NYSDEC, Attn: Roy Jacobson, Jr., 5th Floor, 625 Broadway, Albany, NY 12233-4756.
Public comments can be made during virtual and in-person public hearings. The virtual public hearings are scheduled September 10, at 1:00 p.m. and 6:00 p.m. Register for the public hearings through this link: https://forms.office.com/pages/responsepage.aspx?id=6rhs9AB5EE2M64Dowcge50PC_jtFXTNEkE6nyMdk-uBUODc2R1FONDNTNzU1SUxPUEU5WjIzR0ZNTy4u
An in-person public hearing is scheduled for 1:00 p.m., September 12 at the DEC office at 625 Broadway, Albany, NY.
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