Chautauqua Lake Short-Term Rental Rules 2025 | Where It’s Legal & Where ...

Chautauqua Lake Real Estate Market Snapshot August 2025

16 Rowley Court Jamestown, NY 14701

13 Popal Lane Bemus Point, NY 14712

An "Absolute Nightmare"

 

The Chautauqua Lake Property Owners Association (CLPOA) had a great turnout at “Wetlands” Public Meeting #11 on July 5, 2025. We talked about the new wetlands regulations and the CLPOA and others’ litigation against New York State (State) and the Department of Environmental Conservation (DEC). But, at the same time… 

Property owners, businesses, and Lake users in the newly DEC-designated in-Lake wetlands and in onshore wetlands-restricted areas are suffering once again. It may be worst in Burtis Bay, reminiscent of the 2018 weed and algae-driven fish kill, but the weeds, algae, and stench are extending into the South and North Basin as well with more to come. A week ago on July 7, tens of thousands or more across western New York saw a weed and algae choked Chautauqua Lake (Lake) characterized as an “Absolute Nightmare”. That was the headline on the first of several nightly news segments on WIVB Channel 4 (text attached). This is an embarrassment for all of us and unnecessary. 

The wetlands issue we’ve talked about for almost two years, with the first of thirteen public meetings begun in April 2024, is now upon us with a very aggressive DEC Region 9 implementation. In just five months the DEC Region 9 (Buffalo) has designated ~3000 acres in the Lake as wetlands with 100 feet up on to private property regulated as well. As anticipated, these DEC actions have made the annual weed management challenge much more difficult in 2025. Don’t believe it when you hear some or our State and County elected representatives defend the DEC saying there was no negative impact on weed management due to the new wetlands regulations. They need to look closer, that is just not the case. 

Our State Senator and County Executive blame Lake organizations’ infighting and performance failures for problems with the Lake. But they are only symptoms of the root problem and misleading. The real problem is decades of ineffective local Lake management made worse by decades of inattention and now, extreme regulatory overreach by our State and its DEC. The DEC’s mission is to conserve, improve, and protect our Lake not arbitrarily designate our Lake and its surroundings a swamp to hide their inattention.   

No One is Managing Chautauqua Lake 

The Chautauqua Lake and Watershed Management Alliance (Alliance), a County agency pretending to be a 501c3 non-profit, operates in secret with no direct input from taxpayers, while it doles out millions in foundation, State, and County funding to Alliance Lake and watershed maintenance organization members. By its own admission, the Alliance has no authority to manage the Lake and has failed to improve conditions in their 12 years of operation and after spending millions of dollars.  

The latest Alliance monthly “article” (really an OpEd) in the Post Journal titled “Summer in Swing: Lake Events Continue After July 4 Holiday” made the Alliance sound more like the Chautauqua County Tourism Bureau than an organization which controls Lake maintenance and its funding. Were they unaware of the dire conditions being experienced on the Lake over the 4th of July Weekend? The Alliance OpEd was published the morning of Monday, July 7. “Absolute Nightmare: Chautauqua Lake homeowners voice concerns over weeds” (text attached) was aired that same day on WVIB Channel 4 in the evening. Several follow-on televised segments aired throughout the week. 

There Is No Chautauqua Lake Management Plan 

The Alliance funded the development of the “Long-Term Management Plan for Submerged Aquatic Vegetation at Chautauqua Lake” by North Carolina State University (NCSU), a leader in lake management, in early 2023. The resulting 5-Year Plan was completed in June 2024. It utilizes an adaptive management approach, annual upgrade based on quantitative results, and optimized and coordinated use of all effective weed management methods including harvesting, herbicides, herbivores, etc. But, to our astonishment, the Alliance refused to adopt this Plan, the first real Plan for our Lake, changed its name to “Strategy”, and put it on the shelf with 50-60 other Chautauqua Lake “studies”.  Then they changed the title of the “Lake Manager” they planned to hire to “Lake Consultant” fearing challenge to their lack of authority. It’s an expensive and distracting game of “smoke and mirrors”. No wonder there’s no improvement. 

What Is The Solution? 

The solution, a “Centralized Lake Authority” is simple in concept but requires County and municipality leadership to implement. Such an Authority was attempted by municipality leaders in 2004 and reintroduced by County Executive Borrello in 2019. The 2004 attempt failed when the Town of Chautauqua opted out. (Note: The Town of Chautauqua was also the only one of nine lakeside municipalities which failed to publicly denounce the new wetlands regulations in 2024). The 2019 effort failed when County Executive Wendel was appointed to take over from County Executive Borrello. 

As a distributor of County and State taxpayer funds, the “Authority”, a completely new organization, would consist of only Town Supervisors, Village Mayors, and County Legislators with districts on Chautauqua Lake. As a formal government entity, it would have the responsibility and authority to actually manage the Lake and be subject to the Open Meeting Law and Freedom of Information Act document requests. No more secrecy and exclusion of taxpayers and the public.  

The Alliance has proven several times that it cannot reform itself. And without direct taxpayer representation and with no Lake management authority, neither should it try. The County, with elected County and municipality officials and the essential addition of a professional organization design consultant, must take on the task now; to resolve the embarrassing “Absolute Nightmare” we’ve been living with and now publicized to all of western New York. 

What Can You Do? 

It is critical that lakeside and near-Lake taxpayers, year-round and seasonal, contact your County and municipality government officials and tell them you want a Centralized Lake Authority of lakeside municipality and County taxpayer-elected officials as described above. Send an email so there’s a written record of your request and their response. 

See the attached listing of these representatives for contact information. 

Thank you for your interest and ongoing support.

Chautauqua Lake Property Owners Association, Inc. (CLPOA)

chqlpoa@gmail.com

www.chqlpoa.org

Jim Wehrfritz, President (832.319.8112)

Jeff Moore, Vice President

Dan Smith, Secretary/Treasurer

Kathy O’Brien and Tammy Schack, Directors

 

Chautauqua Lake Area Elected Representatives

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New York State

Governor

Honorable Kathy Hochul
Governor of New York State
📅 Next Election: November 2026
NYS State Capitol Building
Albany, NY 12224

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State Senator – District 57

George Borrello
📧 borrello@nysenate.gov
📅 Next Election: November 2026

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State Assemblyman – District 150

Andrew Molitor
📧 friendsofandrewmolitor@gmail.com
📅 Next Election: November 2026

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Chautauqua County

County Executive

P. J. Wendel
📧 wendelp@chqgov.com
📅 Next Election: November 2025

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County Legislature Chairman

Pierre Chagnon
📧 ChagnonP@chqgov.com
📅 Next Election: November 2025

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District #18 Legislator

Marty Proctor
📧 Marty.Proctor@chqgov.com
Mayville West / Chautauqua (Light Purple on Map)
📅 Next Election: November 2025

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District #15 Legislator

Lisa Vanstrom
📧 Lisa.Vanstrom@chqgov.com
Celoron / Ellicott (Light Blue on Map)
📅 Next Election: November 2025

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District #8 Legislator

Pierre Chagnon
📧 ChagnonP@chqgov.com
North Harmony / Ellery (Green on Map)
📅 Next Election: November 2025

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District #7 Legislator

John Penhollow
📧 John.Penhollow@chqgov.com
Mayville East (Pink on Map)
📅 Next Election: November 2025

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District #10 Legislator

Jamie Gustafson
📧 jamie.gustafson@chqgov.com
Busti / Lakewood (Light Green / Yellow on Map)
📅 Next Election: November 2025

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Lakeside Towns

Town of Busti

Supervisor: Jesse Robbins
📧 jrobbins@townofbusti.com
📅 Next Election: November 2027

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Town of Chautauqua

Supervisor: Don Emhardt
📧 supervisor@townofchautauqua.com
📅 Next Election: November 2027

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Town of Ellery

Supervisor: Larry Anderson
📧 ellerysupervisor@gmail.com
📅 Next Election: November 2025

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Town of North Harmony

Supervisor: Rob Yates
📧 townsupervisor@townofnorthharmony.com
📅 Next Election: November 2027

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Town of Ellicott

Supervisor: Janet Bowman
📧 supervisor@townofellicott.com
📅 Next Election: November 2027

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Lakeside Villages

Village of Celoron

Mayor: Scott Schrecengost
📧 celoron@netsync
📅 Next Election: November 2025

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Village of Lakewood

Mayor: Randy Holcombe
📧 holcomb14750@gmail.com
📅 Next Election: November 2027

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Village of Bemus Point

Mayor: Jeff Molnar
📧 mayor@bemuspointny.org
📅 Next Election: November 2025

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Village of Mayville

Mayor: Ric Syper
📧 mayvillemayor@netsync.net
📅 Next Election: November 2026

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For More Information On Chautauqua Lake & County Real Estate and Living Visit: chautauqualakehomes.com

 

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For More Information On Chautauqua Lake & County Real Estate and Living Visit: www.chautauqualakehomes.com

WHAT DOES THE REVISED FRESHWATER WETLANDS ACT MEAN FOR CHAUTAUQUA LAKE?

For more information, or to sign up for email updates from NYSDEC, visit our website: dec.ny.gov

▐ What are the main changes to the Freshwater Wetlands Act?

The following list summarizes the primary changes to the Freshwater Wetlands Act in 2022, with associated dates:

1. Jan. 1, 2025 - The NYS Freshwater Wetlands Maps no longer limit New York State Department of Environmental Conservation (DEC)’s regulatory jurisdiction to wetlands depicted on those maps. Instead, maps are informational, and any wetland that meets the applicable definition and criteria is regulated by DEC and subject to permitting.

2. Jan. 1, 2025 - Smaller wetlands are regulated if they meet one of 11 newly established criteria listed in the legislation. These smaller wetlands are referred to as wetlands of “unusual importance” in the statute.

3. Jan. 1, 2028 - The default size threshold of regulated wetlands will decrease from 12.4 acres to 7.4 acres.

More information about the Freshwater Wetlands Program can be found on the Freshwater Wetlands Program webpage.

▐ What areas of Chautauqua Lake does DEC regulate?

The Freshwater Wetlands Act states that contiguous areas of wetland vegetation, including submergent vegetation, that meet the minimum acreage described in No. 3 above or meet one of the unusual importance criteria described in No.2 above are regulated wetlands. Chautauqua Lake meets one of the unusual importance criteria because it provides drinking water for some of the surrounding area and wetlands in and adjacent to the Lake are regulated by the Freshwater Wetlands Act. The law regulates certain activities located in the wetland and adjacent areas within 100 feet of the wetland. The precise extent of regulated wetlands in and near Chautauqua Lake are determined remotely and at the time that the jurisdictional determination request is submitted to the department. There will be no mapping that shows the location of regulated wetlands, and adjacent areas, in and around Chautauqua Lake in the immediate future. As more data on the extent of submergent vegetation becomes available through jurisdictional determinations, the department intends to share available information publicly.

▐ Why does DEC regulate more areas of Chautauqua Lake than previously?

Changes to the Freshwater Wetlands Act that break the link between regulatory jurisdiction and maps took effect in January 2025. At that point DEC’s wetlands jurisdiction expanded beyond those wetlands previously mapped at the Chadakoin River outlet, Prendergast Point, and Toms Point to include all existing wetlands, including offshore wetlands dominated by submergent vegetation.

▐ Why does DEC regulate adjacent areas within 100 feet of the wetland?

The Freshwater Wetlands Act has always regulated a 100-foot adjacent area, commonly known as a buffer zone, outside the boundary of the wetland to protect it. Buffer zones surrounding a wetland help to maintain the wetland’s health so it can provide valuable functions such as flood retention, water purification, and fish and wildlife habitat.

▐ What activities are not regulated?

Permits are not required for continuing existing uses, ordinary maintenance and repair of existing functional structures, seasonal installation and removal of existing docks, boating, swimming or fishing.

▐ What activities are regulated?

In jurisdictional wetlands and their 100-foot adjacent areas, DEC wetland permits will be required to construct new structures, expand existing structures, cut or clear vegetation (including harvesting submergent vegetation), excavate and deposit fill, apply pesticides, and dredge.

▐ How do the new regulations impact development of vacant property along Chautauqua Lake?

The impact on vacant properties depends on the scope of the proposed project and the extent of the wetland and/or the regulated adjacent area on the property. It is possible that development on a parcel containing a wetland may not need a permit if all activities are undertaken more than 100 feet from the wetland. Individuals interested in developing a site should submit a parcel jurisdictional request early in their process or before purchasing a parcel to determine if there are jurisdictional wetlands or adjacent area on that parcel.

▐ How do the new regulations impact expansion or modification of previously developed properties?

The effect of the new wetland regulations on expansions or modifications of previously developed properties will depend on the scope of the expansion/modification and the potential negative impact on the wetland. In general, in-kind replacement of preexisting structures and minor expansions/modifications may be covered under Freshwater Wetland General Permit (GP-0-25-003). More extensive projects will need individual permits, which require a longer processing time for issuance.

▐ What General Permits are being considered that are applicable in and near lakes?

DEC has proposed three different general permits that are applicable in and near lakes.

• Freshwater Wetlands GP (GP-0-25-003) would authorize 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. DEC is evaluating comments and anticipates a final permit to be released in April 2025.

• Lakes and Shorelines GP (GP-0-25-007) which would authorize various activities such as shoreline erosion protections, repair and replacement of existing functional shoreline protection, in kind replacement or repair of boat or access ramps, installation of new single lane boat/access ramps, repair and replacement of existing functional boat houses, docks, platforms, or similar over water structures, installation of new residential docking facility, demolition of existing structures and removal of structural fill, maintenance dredging of existing residential dockages, new navigational dredging, install of dry fire hydrants, water intake lines, or beach well. The specific limits of each activity are identified in the draft permit. DEC is accepting comment on this draft general permit until March 31, 2025.

• Management of Invasive Species GP (GP-0-25-008). The existing Management of Invasive Species GP (GP-0-21-004) is proposed to be modified and reissued. It would authorize the management of invasive and nuisance species by various methods such as hand harvesting, suction harvesting, aquatic pesticides, benthic barriers, and mechanical harvesting and cutting. DEC is accepting comment on this draft general permit until March 31, 2025.

▐ Will DEC issue multiyear freshwater wetland permits?

Individual and general freshwater wetland permits can be valid for multiple years. However, applications of herbicides in regulated wetlands within Chautauqua Lake will require both a wetlands permit and a pesticides permit. Since New York State’s pesticide laws prohibit multiyear permits, herbicides permits must be obtained yearly.

▐ How do the new regulations impact what can be done to manage aquatic vegetation in Chautauqua Lake?

DEC has long regulated herbicide applications on Chautauqua Lake, while vegetation harvesting has only been regulated in or near mapped areas such as the wetlands at the Chadakoin River outlet. Beginning in 2025, these activities are regulated by the Freshwater Wetlands Act on many portions of the lake currently functioning as wetland with submergent vegetation beds that meet the wetland criteria. The proposed general permit Management of Invasive Species (GP-0-25-008) as mentioned above, may be a possible avenue to manage aquatic vegetation.

▐ How do the new regulations impact using herbicides to control nuisance aquatic vegetation and invasive species?

Herbicide treatments and vegetation harvesting are regulated activities pursuant to the Freshwater Wetlands Act and supporting regulations. Proposals to conduct these activities require a permit and must ultimately meet DEC’s permit issuance standards. As mentioned above there is the proposed general permit, Management of Invasive Species (GP-0-25-008) Regardless of multiyear general permits to address wetlands permitting requirements, herbicide treatments will continue to require 6 NYCRR Part 327 pesticide application permits annually.

New York State Department of Environmental Conservation 3

▐ Is DEC creating 1 million new acres of wetlands?

No, the change to the Freshwater Wetlands Act, and resulting regulations, did not physically create any new wetlands. It extended regulatory coverage to an estimated 1 million acres of existing, although previously unmapped and unregulated, wetlands.

How does a landowner determine if they have regulated wetlands on their property?

 By submitting an online request for a Jurisdictional Determination (JD). A freshwater wetland JD is a formal assessment conducted by DEC to determine if an area meets the criterial for classification as a regulated freshwater wetland under the Freshwater Wetlands Act. This determination helps define boundaries and characteristics of wetland that require protection from degradation to maintain their functionality at optimal levels. DEC has 90 days to provide a JD letter after a request has been made, indicating the status of jurisdictional wetlands (i.e., positive or negative) within the requested area. Jurisdictional determinations are effective for 5 years after the date of issuance.

▐ Why are wetlands important? Why must we protect them?

Wetlands have numerous functions and benefits that no other ecosystem can provide, such as preventing soil erosion and flooding. In these times of increased severe storms, this function is particularly important. Wetland vegetation purifies water by filtering sediments and absorbing pollutants from surface waters. Wetlands are home to hundreds of animal and plant species and act as a nursery for young wildlife and fish. Chautauqua Lake is an important home to important freshwater mussels and turtles. The NYS Legislature realized the need to enhance protection for wetland ecosystems to ensure that New Yorkers will benefit from their functions for many generations to come.

For More Information On Chautauqua Lake & County Real Estate and Living Visit: chautauqualakehomes.com

2025 Chautauqua Lake and County Real Estate Market

As of January 1, 2025 New York State requires all motorized boaters

Make Sure You Inform Your Guests As of January 1, 2025 New York State requires all motorized boaters to carry a Safe Boating Certificate from their home state or New York State while operating a boat. For those who do not already have a Safe Boating Certificate, boaters can earn their certificate by taking a classroom course with certified New York State instructors or through several approved online course options including through their home state. Additionally, certificates issued by the United States Coast Guard Auxiliary, America's Boating Club, US Powerboating and other NASBLA certified courses are recognized.  Persons may rent and operate a boat without obtaining a boating safety certificate. Boat rental livery staff must provide basic instruction and safety information prior to the renters leaving the dock. Visitors and NYS residents who possess a valid state driver's license may rent motorized boats, as well as certain non-motorized boats, at half-day, full-day, or multi-day rates. We urge area businesses to let their customers know about these requirements. The safe boating course certificate requirement has been phased-in over the past few years so many boaters in (and visiting) New York are already familiar with the requirement. However, now that all boat operators (excluding renters) must possess a safe boating course certificate while operating a boat, it will be important for us all to make sure that folks are aware of this in advance of their time on New York waters. A list of online and classroom courses is available through the NYS Parks Boating Education page, which is one of the links available on CCVB’s Tourchautauqua page on Boating (link below). There is also information on boat launches and boat rental liveries. Please consider providing a link to this information to your guests and customers (where applicable).

BOATING INFORMATION & REQUIREMENTS

For More Information On Chautauqua Lake & County Real Estate and Living Visit: www.chautauqualakehomes.com

Borrello, Molitor Reintroduce Lake Bill to exempt inland lakes from the state’s Freshwater Wetlands Act

Legislation to exempt inland lakes from the state’s Freshwater Wetlands Act has been reintroduced in the state Senate.

Sen. George Borrello, R-Sunset Bay, recently reintroduced his bill (S.3656) in the Senate, while Assemblyman Andrew Molitor, R-Westfield, plans to reintroduce the legislation in the state Assembly in the coming days. The bill was introduced too late in the 2024 state legislative session to gain much traction.

“I have re-introduced legislation in the Assembly that will exempt all navigable lakes from the wetland regulatory scheme; I am committed to striking the necessary balance so that wetland regulations do not adversely affect businesses and residents around our inland lakes,” Molitor said.

The bill would exempt inland lakes that are navigable waterways and have an area of 150 acres or more from freshwater wetlands designations. The bill will further exclude the Great Lakes from the definition of “inland lake.”

“This piece of legislation is necessary to balance environmental protection with economic and recreational interest. This approach allows for targeted conservation efforts by focusing on areas where wetland protections are most needed while also accommodating responsible land and water use,” Borrello and Molitor wrote in their legislative justification.

Early in 2024, Borrello wasn’t sure if the Freshwater Wetlands Act would have much affect on Chautauqua Lake. That changed as the year went on, with Borrello and former Assemblyman Andrew Goodell calling for a delay. Borrello and Goodell also wrote a letter to Sean Mahar, interim DEC commissioner, expressing their concerns with the way proposed wetlands regulations could affect Chautauqua Lake. They specifically asked that the proposed DEC regulations not designate lakes as wetlands because that designation would be inconsistent with both existing statutory language and decades of precedent.

In 2022, Gov. Kathy Hochul signed into law revisions to New York’s Freshwater Wetlands Act. New York’s original Freshwater Wetlands Act was enacted in 1975 to regulate activities near larger wetlands, greater than 12.4 acres, and smaller wetlands considered to be of unusual local importance. The new wetlands law eliminates the use of the old, inaccurate wetland maps and clarifies that all wetland areas greater than 12.4 acres are subject to Article 24 regulations. Freshwater wetlands are lands and submerged lands – commonly called marshes, swamps, sloughs, bogs, and flats – that support aquatic or semi-aquatic vegetation.

“In Chautauqua Lake, much of the south basin and other bays and shoals with more than 12.4 contiguous acres of submergent vegetation have been functioning as wetland for many decades,” Mahar wrote in his response to Goodell and Borrello.

Borrello and Goodell called on the proposed regulations to include a sentence saying, “Navigable waters in an inland lake shall not be considered wetlands.” That language was proposed by Molitor in his comments to the DEC. “Navigable lakes, however, would never be commonly called ‘marshes, swamps, sloughs, bogs and flats’ and waters ‘substantially enclosed’ by aquatic plants would not be navigable,” Goodell and Borrello wrote in 2024.

For More Information On Chautauqua Lake & County Real Estate and Living Visit: www.chautauqualakehomes.com