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

 

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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.

 

 

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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