Chautauqua Lake
New regulations under the State’s Freshwater Wetlands Act have been officially adopted.
State Department of Environmental Conservation Interim Commissioner Sean Mahar announced the adoption of updated regulations that implement new statutory requirements under the State’s Freshwater Wetlands Act. The new regulations safeguard an estimated one million additional acres of wetland habitat.
The updated regulations 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 State’s amended Freshwater Wetlands Act, which was modernized as part of the 2022-2023 Enacted State Budget. In addition, the regulations provide a streamlined wetlands classification system and process for the public to request and appeal jurisdictional determinations.
The final regulations and additional resources, including maps and information, are available on DEC’s website at: https://dec.ny.gov/nature/waterbodies/wetlands/freshwater-wetlands-program
Chautauqua County Executive PJ Wendel, along with many Chautauqua Lake advocates, have voiced concerns about the regulations.
The Chautauqua County Legislature and Wendel urged the state to delay the implementation of the new regulations, citing potential harm to local businesses, property owners, and the county’s economy.
Wendel stated in a press release in 2024 that the proposed changes could have “…far-reaching negative consequences. We are calling on the state to slow down and consider the local impact of these regulations before moving forward.”
He said while the County supports the preservation of the water resources, he believes the new regulations may overreach, particularly when compared to federal guidelines. Wendel stated concerns that this could lead to “enforcement difficulties and increased financial burdens for property owners, which in turn might affect tourism, recreation, and overall economic development in the region.”
The DEC will host a webinar at 2:00 p.m., Wednesday, January 15 to provide information and answer questions about the updated Freshwater Wetlands program regulations. Registration for the webinar is available here.
A recording of the webinar will be posted on the DEC’s website when available. Additional public engagement sessions—including webinars and community workshops—are planned for 2025.
In addition to the finalized regulations, DEC proposed a statewide general permit for various activities in State-regulated freshwater wetlands and adjacent areas, protected waterbodies, and navigable waters. The Freshwater Wetlands General Permit (GP-0-25-003) would be for a five-year term to allow for the repair, replacement, or removal of existing structures and facilities; construction or modification of various residential, commercial, industrial, or public structures; temporary installation of access roads and laydown areas; cutting trees and vegetation; drilling test wells; and routine beach maintenance and replenishment in areas under DEC jurisdiction.
The draft permit can be found on DEC’s Freshwater Wetlands General Permit website at https://dec.ny.gov/regulatory/permits-licenses/general-permits/freshwater-wetlands
Public comments will be accepted through January 27, 2025, and can be submitted via email to DEPPermitting@dec.ny.gov or via mail to NYSDEC Division of Environmental Permits, Attn: Kristen Cady-Poulin, 4th Floor, NYSDEC 625 Broadway, Albany NY 12233-1750. DEC is also developing additional draft freshwater wetland general permits in 2025.
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