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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.
During an informative meeting hosted by CLPOA Saturday, which was
held at the Lawson Center, 73 Lakeside Drive, jurisdictional
determination was a subject that seemed to draw particular interest for
event goers. Wehrfritz explained that jurisdictional determination is
the legal process with how the state’s Department of Environmental
Conservation determines if an area meets the regulatory statute as a
wetlands.
“Anyone can request a JD on any property, and the DEC will process the request without the owner’s knowledge,” Wehrfitz said.
The following steps regarding the DEC jurisdictional determination process are:
– Jurisdictional Determination is requested by an individual.
– The DEC must respond within 90 days with a 10 day extension granted
as needed with positive or negative determination if an area is a
wetland – which is valid for five years from issue date. However, only
positive determinations can be appealed.
– The DEC must respond to an appeal within 120 days, with a 30 day
extension granted as needed. Additionally, all appeals must include a
DEC consultation and wetlands delineation by the applicant.
– The DEC acknowledges property value loss may guide owners to seek reassessment.
Additionally, Wehrfritz, briefed the meeting attendees on which
activities in a designated wetlands area would now require a permit to
conduct.
The following activities will or may require a general permit to do
now, he said. Repair, reconstruction, and or replacement of existing
functional structures and facilities or septic systems; construction and
or modification of (listed) residential, commercial, industrial, or
public structures, (utility, sewer, water, and telecommunication lines,
hydrants, etc.); construction and/or modification of (listed)
residential, commercial, industrial, or public structures (parking,
driveways, pools, water wells, fences, renewable energy,); temporary
access roads and/or laydown areas; selective cutting, hazardous tree
removal, and/or removal of dead ash trees, cutting of trees and other
vegetation; drilling test wells; routine beach replenishment –
regrading, and or cleaning; removal of debris and existing structures.
LAKE PLAN STALLS
Another point that Wehrfritz discussed at the meeting was the
implementation of a study that was conducted by representatives from
North Carolina State University (NCSU) entitled Long Term Management
Plan for Submerged Aquatic Vegetation in Chautauqua Lake.
“The North Carolina State’s Aquatic Management Plan was contracted by
the Chautauqua Lake Partnership, with funding appropriated by the
Chautauqua Lake Watershed and Management Alliance,” he said. “This was
after the CLP officials said discussions with state DEC officials and
others showed a need to clarify the goals for herbicide applications in
the lake and to articulate a long-range plan to achieve those goals.”
Chautauqua Lake Partnership officials have said in the past that
state DEC officials requested the creation of a plan to help address the
management of invasive aquatic vegetation in the lake. Mike LaTone,
treasurer of the Chautauqua Lake Partnership, told The Post-Journal
recently the CLP reached out to the Chautauqua Lake and Watershed
Management Alliance to secure funding for an independent, third party,
science-based lake management plan.
However, the lack of support for the NCSU plan has Wehfritz shaking his head.
“The county leadership has deferred management of the lake to the
nonprofit sector,” he said. “However, the study that they (non-profits)
paid for has largely gone to the wayside, and they have all refused to
state or declare a position that their organizations will take, or has
taken, regarding NCSU recommendations.”
Bemus Point and Ellery are the only town and village governments to
show any support for the NC State lake plan, while discussion in
December at county legislature meetings showed there are still
unanswered questions among county officials and various lake groups.
County Executive PJ Wendel, responding to a request for comment by
The Post-Journal, said it’s important to overcome divisions among lake
agencies.
Additionally, Wendel said, “Chautauqua Lake is one of our county’s
most cherished resources, vital to our environment, economy, and way of
life. However, for too long, we’ve seen divisions among stakeholders
that only serve to hold us back — like the infamous Hatfields and
McCoys. It’s time to put that infighting to rest. By working together
with municipal leaders, scientists, and community organizations, we can
create lasting solutions that preserve and protect this lake for
generations to come. Our shared goal must be to unify. Collaboration,
not conflict, will uphold Chautauqua Lake as a legacy we’re proud to
pass on to our children and grandchildren.”
Previously, LaTone said, the CLP reached out to the alliance to
provide funding to secure an independent, third party, science-based
lake management plan. The effort to secure the plan was encouraged by
the New York State Department of Environmental Conservation.
“To this end CLP discussed the possible plan development with Dr. Rob
Richardson from North Carolina State University,” LaTone said in an
email to The Post-Journal.
LaTone added that the plan currently under consideration was
developed entirely and facilitated by the NCSU lake water management
department utilizing its experience studying and working on Chautauqua
Lake since 2020.
NC
State’s Aquatic Plant Management Program has completed full lake
surveys of Chautauqua Lake each year since 2020 that include collecting
and analyze hydroacoustic and point intercept data annually at up to
1,000 sites throughout the lake and documenting the presence and extent
of aquatic plant species during the fall and spring seasons.
“This plan was funded and supported by the Alliance and CLP. The
Chautauqua Lake Property Owners Association was not involved in this
process as erroneously reported. The CLPOA has, however, endorsed the
adoption of the plan by the alliance,” LaTone noted.
NC State’s Aquatic Plant Management Program officials propose a
staged plan that deals with the entire lake rather than the 2017
Chautauqua Lake Macrophyte Management Strategy’s approach that divides
the lake into subsections based off of shoreline use and the need to
balance human interaction with environmental considerations.
University officials said the approach is good for small areas but
shifts lake management strategies away from a focus on plant ecology to
meet the county’s goals in managing vegetation in the lake.
“Unfortunately, some local representatives of other lake
organizations have recently spoken out against the plan and NCSU.
Regardless of the outstanding scientific qualifications of NCSU, they
have demanded public hearings and review by local lake organizations.
Many of these individuals in opposition are ‘self proclaimed’ lake
science experts with little or no credentials to support their claims,”
LaTone added.
The town of Ellery, the CLP, the CLPOA, and the Village of Bemus
Point have adopted NC State’s plan. Other towns and villages as well as
Chautauqua County, and The Alliance have not adopted the plan.
Richardson, LaTone said, has developed the plan as a starting point, not a “be all” to managing lake water quality.
Input by anyone truly interested in implementation of a science-based
plan to benefit lake water quality would be encouraged and welcomed,
LaTone added.
“Modifications and improvements to this plan could be made on an
ongoing basis,” LaTone said. “When you employ a nationally recognized
University to develop an initial plan that welcomes input, public
hearings become redundant and unwarranted.”
One major feature of the plan and a critical factor to move lake
water quality forward is the appointment of an independent lake manager,
LaTone said.
There is a request for proposal (RFP) from the Alliance for a lake manager.
“We should all support and encourage this appointment,” LaTone said.
For More Information On Chautauqua Lake & County Real Estate and Living Visit: www.chautauqualakehomes.com
Are
you frustrated by the infighting between lake organizations and
wondering why we can't work together? The issue boils down to a small
but dedicated group opposing the use of aquatic herbicides for managing
established invasive weeds. They claim not to oppose the use of
herbicides, but endorse a position statement that
supports chemical controls only for new invasives, while protecting
species like curly-leaf pondweed and Eurasian watermilfoil. Elsewhere,
these species are almost universally viewed as harmful to lake
ecosystems and recreational activities, and most lakes attempt to
actively manage or eradicate them.
Representatives
of the CCC, CLA, and CWC have publicly opposed a long-term management
plan, specifically one that includes herbicides as a key strategy.
Recently, board members from these organizations criticized the NCSU
plan in a letter to the New York DEC.
While some points may offer constructive feedback, the majority of the
letter undermines efforts for collaborative lake management, appearing
to lobby for obstacles or delays rather than a genuine scientific
review. Further, the spirit of the review was completely inappropriate
for what is meant to be a working framework for integrated lake
management, and not a submission to a scientific journal.
The
CWC and CLA play crucial roles in lake health, and their missions are
valuable—except for their divisive anti-herbicide stance. The CLP has
repeatedly reached out for cooperation without success. It's time to
unite for effective lake management. Please consider contacting these
organizations directly to voice your support for collaboration:
CHAUTAUQUA – A private marina has received approval to build a new boat storage complex in the town of Chautauqua.
During
the recent Chautauqua Town Board meeting, officials approved a special
use permit for Snug Harbor to build some boat storage buildings on Route
394, not far from their Marina and Service Center.
Andy Johnson is the engineer hired by Snug Harbor and discussed the project at the town board meeting.
According to Johnson, they plan to construct four buildings of
different sizes – 18,000 square feet, 15,000 square feet, 12,000 square
feet, and 9,000 square feet. The two larger buildings will either have a
firewall or be built further apart.
“There’s a market need for it,” Johnson said. “This is just going to
be for Snug Harbor Marina’s boat storage. They don’t have any more
space.”
Johnson
also said Snug Harbor will be the ones moving the boats from Chautauqua
Lake to the storage buildings. “It won’t be people coming and going,”
he said.
Johnson said they hope to start construction when the weather permits and have the buildings open by the summer.
Johnson said they do not need to use any wetlands, met the town’s
setback requirements, and will have a fire lane as required. They will
work with the code office regarding any other regulations.
The special use permit was unanimously approved.
Along with the marina, Snug Harbor also has a showroom in Ashville.
Over the past three years, Chautauqua County, New York, has experienced notable trends in both tourism and demographics.
Tourism Statistics:
2021:
Chautauqua County achieved record visitation numbers, surpassing
pre-pandemic levels. This success was attributed to the county's diverse
tourism offerings and outdoor recreational amenities.
2022:
Visitor spending in the Chautauqua-Allegheny region increased by 11%,
reaching $671 million. Chautauqua County contributed $294 million to
this total, representing 44% of the region's tourism sales.
2023:
The upward trend continued with a 7% increase in visitor spending in
Chautauqua County, totaling $314 million. The region's overall visitor
spending reached $713 million, with Chautauqua County maintaining its
44% share.
Population:
Chautauqua County's population has been gradually declining. In 2022,
the estimated population was 126,027, decreasing to 124,891 in 2023. The
projected population for 2024 is 124,438.
Racial/Ethnic Composition (2023):
The county's population was predominantly White (84.3%), followed by
Hispanic (9.3%) and individuals identifying with two or more races
(3.2%).
In
case you’re behind in the news, the Mayville Winter Festival initially
faced cancellation this year due to increased expenses and challenges in
organizing the event. However, there was a fortunate development where
Inspire Good of Western New York, Inc., a local nonprofit, announced
they would take over and proceed with the festival.
I love Hail Mary’s. How about you?
Now that the festival is up and running again, I’d like to urge
everyone to bundle up in their best furry boots and ear muffs and be a
part of the fun. It’s up to the community to send the message to
organizers that our local events are important to us.
And not to rehash old wounds, but people still hope to see the Bemus
Bay Pops return one day. How about a once-a-year bash? An all day summer
concert? The exit of the Pops still feels like a blight on our record.
It was a weekly program loved by locals and out-of-town visitors alike
and it disappeared in what felt like the height of its popularity and
appeal. We need to be good stewards of the things that make our region
special. And I know how smug that sounds since I’m not an organizer
dealing with the finances and all of the other details of big events.
But
it’s true, many things that have defined our regions or our nation have
fallen by the wayside or out of existence through the years, because
things change. Barnum & Bailey Circus. Does that ring any bells?
President-Elect Trump is talking about revising the World’s Fair
again, which at one time was an unparalleled event that defined progress
and showcased man’s ingenuity. The first electric lights, the first
telephones were unveiled at the fair. It was a magical event that
highlighted innovation, culture, and global exchange. Throughout the
late 19th and early 20th centuries, the fairs became grand spectacles,
with an average of six million attendees.
The World’s Fair never officially ended, but public perception has
shifted over time. The fairs, which are now referred to as Expos,
continue to be held periodically, though they may not always capture the
same level of global attention as they did during their heyday in the
19th and early 20th centuries. What could they showcase today that we
can’t see on the internet? Maybe it’s just the act of coming together
as a world that is meaningful.
Other things that are missed: the Boston Tea Party reenactment in
Boston, Lilith Fair concerts that celebrated women in music, the
Buffalo-Courier Express, Marshall Field’s enchanted holiday windows in
Chicago (which lost their magic when Macy’s bought the store), and
Friendly’s banana splits. Feel free to make your own lists.
Here’s an annual pastime in Chautauqua County you might not know
about: horse racing on area lakes was a unique chapter in our history.
In the 1890s, there were horse races on the ice on Findley Lake in
January and February. According to the Chautauqua Sports Hall of Fame,
the horses had special calks on their shoes so they wouldn’t slip on the
ice.
People skated on the ice on Findley, Cassadaga Lake, Chautauqua, as
well as on any small pond that froze. Chautauqua Lake also had ice
boats with sails and ice boat races, but sledding seemed to be most
popular and something anyone could do. “In the 1930s and ’40s, sledding
and tobogganing parties were very popular on the hilly highways such as
Stockton, Sprague Hill near Levant, Ravlin Hill near Clymer, Buesink
Hill in Mina and others,” the Hall Of Fame website explains. “On a good
night, 30 or 40 young people would gather and spend two or three hours
speeding down an icy hill and coasting nearly half a mile away, then
they’d walk back up the hill hauling their sled or toboggan for another
run.” Gosh that sounds like fun.
Ah, there’s things we miss. Thankfully, the winter festival in
Mayville won’t be one. Embrace the winter. Those hardy people who lived
before us certainly did.
WHAT CAN I DO LINKS BELOW FOR YOUR VOICE TO BE HEARD
HERBICIDES
Over the past several years, the CLP (Chautauqua Lake Partnership) has worked to submit permits for herbicide applications along the shorelines of Lake Chautauqua. The DEC has been “spotty” at best in approving herbicide application along the shorelines. The DEC has noted that they are surprised at the lack of communication from the town and village officials. They note that they typically hear from the residents in the areas, but not from the officials. Your silence has obviously been noted. What has also been noted is the huge volume of anti-herbicide communications. We can’t say it is a competition, per se, but they are listening to what they hear.
We are asking you to send emails to the DEC in favor of the herbicides. The permits are in and being strongly debated. Your voice needs to be heard so that the DEC hears your concerns and needs. This link https://chqlake.org/call-to-action-herbicide-permits-2024/ provides a form for you on the CLP website to fill out and express your desire to have herbicides prudently applied in the lake. It’s simple. Once completed and sent, you will receive a copy of what you sent. Make sure to note IF you are a township or village official - include your title.
WETLANDS
The wetlands issue is huge in your area too. The presence of weeds will contribute to a wetlands designation. It’s all tied together. The designation of wetlands will have far reaching implications in your area and to our lake. The CLP website has a similar form for the wetlands issue. We need to overwhelm the DEC with our concerns about the Wetlands Regulations and the detrimental impact designating wetlands on the shorelines of the lake will have on us all! The form for wetland emails to DEC can be accessed at this link https://chqlake.org/wetlands-call-to-action/ It is set up the same way the herbicide form is set up; once completed and sent, you will receive a copy of what you sent. Again, make sure to note IF you are a township or village official - include your title.
PLEASE FILL OUT BOTH OF THE ABOVE FORMS AS THEY GO TO DIFFERENT RECIPIENTS AT THE DEC!
