MAJOR CHANGES IN NEW YORK'S FRESHWATER WETLAND REGULATIONS

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Major Changes in New York’s Freshwater Wetland Regulations

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 proposed regulations continue DEC’s ongoing efforts to involve interested stakeholders in regulation development and, along with public feedback, build upon an Advanced Notice of Proposed Rule Making DEC released in January 2024.

The proposed rule and supporting documents can be viewed and downloaded on DEC’s website.

There will be identical, virtual informational presentations that will cover the need for the regulatory changes, the contents of the draft regulations, how the comments received earlier in the year were incorporated, and the next steps to finalizing the regulations. Links to register for these sessions are below:Wednesday, 8/14 12-1pm, hosted by NY Planning Federation (NYPF). To register, email NYPF.
Tuesday, 8/27 1-2pm hosted by DEC’s Hudson River Estuary Program (HREP).

Because of the status of the draft regulations, we are inviting questions for these presentations in advance only. When you register for the DEC’s HREP presentation there will be a mechanism for you to submit your question(s). For the NYPF presentation, please email us your question(s) with the subject “Question for Presentation”.

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 with the subject: “Wetlands Part 664 Comments” or via mail to NYSDEC, Attn: Roy Jacobson, Jr., 5th Floor, 625 Broadway, Albany, NY 12233-4756.

The public can also provide comments during virtual and in-person public hearings. The virtual public hearings are scheduled September 10, at 1 p.m. and 6 p.m. An in-person public hearing is scheduled September 12, at 1 p.m. at the DEC office at 625 Broadway, Albany, NY. Registration for the public hearings can be found on DEC’s website.