Court Strikes Down NYS DEC Wetlands Regulations

 Dear NYSFOLA Members and Stakeholders, 
 

Summary

Following a New York State Supreme Court decision on April 8, 2026, the DEC’s freshwater wetlands classification regulations under 6 NYCRR Part 664 were invalidated due to noncompliance with the State Environmental Quality Review Act (SEQRA). The ruling leaves applicants and lake associations facing uncertainty, delays, and possible changes in permit processing, as DEC regulations to implement 2022 statutory amendments are now void. Legal observers expect further guidance and a likely appeal, but for now, Part 664 is no longer in effect and affected projects may require reevaluation.

 

The Issue

On April 8, 2026, Justice Richard M. Platkin of the New York State Supreme Court rendered a decision that invalidated 6 NYCRR Part 664 in its entirety due to noncompliance with the State Environmental Quality Review Act (SEQRA). The court determined that the regulations in question are “null and void.” Importantly, this ruling did not overturn the 2022 statutory amendments themselves; instead, it invalidated the DEC regulations established to carry out those amendments.
 
Additionally, the court either rejected or declined to address other challenges presented, including claims of vagueness, improper delegation, and home rule. As a result, there is now significant uncertainty around how DEC will handle freshwater wetland jurisdictional determinations and permit processing in the near term. Legal observers have noted that an appeal is likely, but as of now the court’s order means the Part 664 regulations are no longer in effect.
 
This decision (linked below) will prevent the NYSDEC from issuing jurisdictional determinations, and issuing permits based on the revised procedure in the 2022 Amendments.
STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY CONSOLIDATED DECISION, ORDER & JUDGMENT
 

Background

The litigation was brought in four consolidated cases by several petitioners, including the Chautauqua Lake Property Owners Association, the Business Council of New York State, the Village of Kiryas Joel, the Town of Palm Tree, and the Chautauqua Lake Partnership, among others. The petitioners raised multiple claims challenging the 2022 wetlands amendments and the implementing regulations. Ultimately, the court annulled Part 664 based on SEQRA noncompliance, concluding that DEC had not taken the required “hard look” at potential environmental impacts when adopting the regulations.
 

Questions for 2026

At this point, it is reasonable to expect that DEC will provide additional guidance and may appeal the ruling. Until that happens, applicants and lake associations should be prepared for delays, uncertainty, and possible changes in how jurisdictional determinations and permits are handled. Some legal summaries have noted that projects reviewed under the now-annulled Part 664 rules may need to be reevaluated in light of the court’s decision. (Harris Beach Murtha)
 
There is also uncertainty regarding reliance on related freshwater wetlands general permits that were developed under the new regulatory framework. Associations and applicants should not assume that prior expectations, coverage terms, or review timelines will remain unchanged until DEC issues formal direction. That part of the situation is still developing. (Barclay Damon)
 

Recommended Steps

While awaiting a response from the DEC, each association should evaluate their current status on an individual basis. Based on our available information, we suggest the following:
 
1. Requesting Permit Status
If your association is waiting for a permit or planning an activity that may require approval, it is important to formally request the status of your Article 24 permit application in writing. Be sure to include the application number, the name of the permit administrator, the designated contact person listed on the application, and the proposed action dates for treatment or other management activities.
2. Maintaining Records
Keep hard copies of all correspondence related to your permit application and activities. This includes emails, letters, and any additional communications with DEC or other relevant parties.
3. Following Up on Requests
If you do not receive a response to your email request within seven calendar days, send a follow-up letter by mail. This ensures your inquiry is documented and increases the likelihood of receiving a timely update.
4. Tracking Correspondence
Maintain a detailed log of all dates and communications regarding your application. Accurate tracking helps demonstrate diligence and may be useful if delays or issues arise.
5. Providing Documentation to NYSFOLA
For NYSFOLA to assist effectively in permit-related matters, associations must provide copies of all submittals, application dates, and other relevant documents. While NYSFOLA is unlikely to intervene in individual permit situations, we hope to consolidate the issues and understand and communicate DEC process and actions that result from this decision. fola@nysfola.org
6. Monitoring Delays in General Permit Activities
Efforts are ongoing to investigate delays associated with the 2022 Amendments to General Permit activities. However, obtaining clear and accurate information remains challenging and time-consuming. Associations should be patient and proactive in seeking updates.
 
 
Sincerely,
 

David Carr, Executive Director

 

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

Would You Pay to Improve a Neighbor's Yard?

 

 

You’ve probably heard that curb appeal matters when selling your home.

And it does.

It’s the very first impression buyers get—online and especially when they pull up in person.

But here’s the part most people overlook…

It’s not just your property that shapes that first impression.

Curb appeal is everything working together—the condition of the siding, the front door, driveway, lighting, roofline… even the mailbox.

And of course… your lawn.

But apparently, your neighbor’s lawn matters too.

According to a recent survey:

• 95% of buyers said a neighbor’s lawn impacts their first impression
• 93% said it affects how they perceive a home’s value
• 56% said they’d hesitate to buy next to a poorly maintained yard

Which explains this…

Nearly half of homeowners said they’d actually consider paying to improve a neighbor’s yard if it meant selling faster or for more money.

Sounds a little extreme—but it tells you how much first impressions really matter.

At this point, you might already be thinking about which neighbor could use a little “help.”

But before you walk next door with an offer, here’s the reality:

You can’t force the issue.

Unless you’re in an HOA (and even then, not always smoothly), your neighbor doesn’t have to do anything. And if their property isn’t violating local ordinances, there’s really no leverage.

Even offering to pay can backfire.

What sounds helpful to you can feel like criticism to them—especially if there’s no relationship there.

So if you ever consider it, approach it carefully.

Here’s what actually works:

• Know your neighbor – If you’ve never spoken, this isn’t the place to start
• Lead by example – A well-kept home next door often raises the bar naturally
• Look for an opening – Casual conversations beat awkward proposals every time
• Frame it as a win-win – “We’re getting ready to sell and want everything looking great—happy to help if you’re open to it”
• Be ready for a no – And respect it without pushing
• Focus on your own property – Clean, sharp, dialed-in homes still stand out

Here’s the bottom line:

Buyers notice everything.

In fact, 56% would hesitate to buy next to a poorly maintained home, and 93% say it impacts perceived value.

That’s real—and it can affect your bottom line.

But the smartest move isn’t trying to control what’s next door…

It’s making sure your property shows as well as it possibly can.

If you’re even thinking about selling, we’re happy to give you a clear, honest take on where you stand—and what actually makes a difference (and what doesn’t).

No pressure. No fluff. Just straight answers.

Call or Text Anytime:
Rick: 716-665-8972
Julia: 716-485-3202

Or just reply here—we’re always glad to help.

Thank you,

Rick & Julia McMahon
Real Estate Advantage

 

 

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

Keep the Lake a Lake NOT a Wetlands Court Ruling

 

CLP Legal Challenge – NYS Supreme Court Ruling annuls Part 664

We are pleased with the recent ruling and we credit our CLP case as having demonstrated the strongest legal standing for the basis of the ruling.  But – this is tempered by the recognition that this is not necessarily a permanent victory and that the DEC is our partner – not our enemy – and this outcome will unfortunately result in some amount of chaos for them.  CLP is also still assessing the impacts to Chautauqua Lake stakeholders.

Key points of concern:

1) The law is still on the books, but the rules for it’s implementation have been thrown out.  The implications of this are unclear at the moment for both the DEC in terms of how they operate now, and for the regulated community.  For example, the positive jurisdictional determinations already made in and around our lake.

2) The Court also included a footnote in the ruling that states that because the regulations were thrown out on SEQRA grounds, “the Court need not reach petitioners’ other challenges to Part 664.”  This leaves the door open for further challenges depending on the DEC’s next steps and legal response.

We are working to develop short term clarity on the implications of the ruling, and we are hopeful that this ruling will encourage the DEC to assert less regulatory overreach going forward.

Details of the legal ruling:

NYS Supreme Court Judge Richard Platkin announced a ruling annulling the new Part 664 wetlands regulations because DEC did not complete a sufficient environmental review under the State Environmental Quality Review Act (SEQRA).

Platkin said the DEC’s completion of a short-form Environmental Assessment Form indicated there would be no impact, or a small impact, across 11 different dimensions that included whether the new regulations would result in a change in the use or intensity of the use of land. DEC officials had said the new Part 664 regulation would increase the amount of regulated wetlands that would lead to a reduction in adverse impacts on the wetlands as more projects were required to avoid, minimize or mitigate impacts on wetlands. Platkin said the DEC received public comments identifying specific areas of potential environmental concern with the new part 664 regulations in the Freshwater Wetlands Act update, including the
prospect of urban sprawl and other growth-inducing impacts; impact to aquatic ecosystems, algae blooms and invasive species; effects on urban communities that included sprawl; and growth- inducing impacts.

“Part 664 affects millions of acres of freshwater wetlands, and DEC’s discretionary regulatory choices – including the blanket Class II designation for urban wetlands, the categorical 100-foot buffer zones and extended adjacent wetlands of variable size – have the potential to work significant changes through alteration of development patterns, land-use intensity and/or the capacity of affected lands to support existing uses,” Platkin wrote. “Nothing in the Short EAF indicates that DEC identified any of these potential environmental concerns as relevant areas warranting a hard look. The Short EAF’s analysis rests entirely on the narrow premise that expanded wetland protection is inherently beneficial to wetlands, and there is no indication that DEC considered anything other than that objective when it determined that Part 664 had no potential for adverse impacts.”

Regulations Annulled- CLPOA, CLP Win Freshwater Wetlands Act Lawsuits _ News, Sp

Consolidated Decision, Order & Judgement_04-08-2026

 

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

CLPOA Lawsuit Results In Annulment Of Freshwater Wetlands Act Regulations

 

 

 

 

A lawsuit filed by the Chautauqua Lake Property Owners Association has resulted in the annulment of the state DEC’s Freshwater Wetlands Act regulations that took effect Jan. 1, 2025.

Of all the arguments made by the local organization, Judge Richard Platkin said the DEC did not do its due diligence on issues raised by organizations like the CLPOA.

“Having concluded that DEC did not adequately identify the relevant areas of environmental concern, did not take a ‘hard look’ at them and did not make a reasoned elaboration of the basis for its determination of non-significance, the court concludes that the subject action – the promulgation of the new Part 664 regulations – must be annulled for noncompliance with (the State Environmental Quality Review Act),” Platkin wrote in his decision, which was released Tuesday to parties in the lawsuit but not uploaded to the state court website until Wednesday afternoon.

Platkin ruled petitions in cases filed by the Chautauqua Lake Partnership, village of Kiryas Joel and Business Council of New York State were also granted on SEQRA violations – though other contentions were denied.

Platkin said the DEC’s completion of a short-form Environmental Assessment Form indicated there would be no impact, or a small impact, across 11 different dimensions that included whether the new regulations would result in a change in the use or intensity of the use of land. DEC officials had said the new Part 664 regulations would increase the amount of regulated wetlands that would lead to a reduction in adverse impacts on the wetlands as more projects were required to avoid, minimize or mitigate impacts on wetlands. Platkin said the DEC received public comments identifying specific areas of potential environmental concern with the new part 664 regulations in the Freshwater Wetlands Act update, including the prospect of urban sprawl and other growth-inducing impacts; impact to aquatic ecosystems, algae blooms and invasive species; effects on urban communities that included sprawl; and growth-inducing impacts.

“Part 664 affects millions of acres of freshwater wetlands, and DEC’s discretionary regulatory choices – including the blanket Class II designation for urban wetlands, the categorical 100-foot buffer zones and extended adjacent wetlands of variable size – have the potential to work significant changes through alteration of development patterns, land-use intensity and/or the capacity of affected lands to support existing uses,” Platkin wrote. “Nothing in the Short EAF indicates that DEC identified any of these potential environmental concerns as relevant areas warranting a hard look. The Short EAF’s analysis rests entirely on the narrow premise that expanded wetland protection is inherently beneficial to wetlands, and there is no indication that DEC considered anything other than that objective when it determined that Part 664 had no potential for adverse impacts.”

This story will be updated.

 

 

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

20 Acres with Well and Septic 5921 Colt Rd Brocton NY 14716

A Rare Find! 20 acres conveniently located just off Route 380. The property already has a driveway, well, and septic in place—ready for your future home or getaway retreat. It’s currently set up as a campsite, though any camper use would require town approval. Plenty of room to build, relax, or explore.

$87,500 MLS#  R1645892

 

 

 

 

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