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▐ 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.
