New freshwater wetlands regulations are now in effect statewide.
The State Department of Environmental Conservation adopted the new regulations at the end of last month, effective Jan. 1, to implement new statutory requirements under the State’s Freshwater Wetlands Act. Officials say the new rules will safeguard an estimated one million additional acres of wetland habitat.
An amendment to the legislation was enacted in 2022 as part of the state’s 2022-2023 enacted budget. It was the first major amendment to the state’s Freshwater Wetlands Act since its passage in 1975.
The new rules will roughly double the acreage of state-regulated freshwater wetlands in New York by 2028, when the minimum area for state jurisdiction will be reduced from 12.4 to 7.4 acres.
Among other things, the regulations extend the upland adjacent areas within which the DEC can regulate activities, from 100 feet to 300 feet for nutrient poor wetlands, and to 800 feet for vernal pools known to the department to be productive for amphibian breeding.
The new rules also provide a streamlined wetlands classification system and process for the public to request and appeal jurisdictional determinations.
The State DEC will produce new freshwater wetlands maps using new technology for remote mapping. Department staff will also amend the maps remotely and maintain them on the DEC’s website.
Freshwater wetlands are lands and submerged lands—commonly called marshes, swamps, sloughs, and bogs—that support aquatic or semi-aquatic vegetation. Protecting freshwater wetlands is essential for preserving biodiversity, as wetlands provide critical habitats for numerous plant and animal species, the DEC said in a Dec. 31 press release announcing the adoption of the new rules. These ecosystems improve water quality by filtering pollutants, mitigate flooding by absorbing excess rainfall, and play a significant role in carbon sequestration, the agency said.
“Protecting freshwater wetlands is critical to the health of New York’s natural environment, helping protect communities from flooding through natural resiliency and creating habitats for fish and wildlife,” DEC Interim Commissioner Sean Mahar said in the announcement.
“The updated regulations include additional guidance to ensure the long-term health of these vital ecosystems, which provide economic and ecological benefits to communities across the state,” Maher said. The agency will “continue to work closely with property owners and developers to ensure the implementation of these updated regulations balance environmental protection and economic and renewable energy development,” he said.
DEC will host a webinar on Jan. 15 at 2 p.m. to provide information and answer questions about the updated Freshwater Wetlands program regulations. Register for the webinar. A recording of the webinar will be posted on DEC’s website when available, according to the press release. Additional public engagement sessions—including webinars and community workshops—are planned for 2025, the agency said.
The final regulations and additional resources, including maps and information, are available on DEC’s website.
In addition to the finalized regulations, NYSDEC has 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.
Public comments will be accepted through Jan. 27, 2025, and can be submitted via email to DEPPermitting@dec.ny.gov <mailto: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.
The DEC is also developing additional draft freshwater wetland general permits in 2025, the agency said.
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