DEC Releases Draft Regulations for Review to Protect Freshwater Wetlands Across New York State

 

Proposal Would Protect an Estimated One Million Additional Acres of Wetland Habitat and Address Changes to Freshwater Wetlands Act

Comments Accepted through Sept. 19; Hearings Scheduled Sept. 10 and 12

New York State Department of Environmental Conservation (DEC) Interim Commissioner Sean Mahar announced the release of proposed regulations to protect freshwater wetlands across New York State. The draft regulations are now available for public comment until Sept. 19, and would safeguard an estimated one million additional acres of unprotected wetland habitat by expanding the number of wetlands regulated by DEC.

“Wetlands provide economic and ecological benefits to all of New York’s communities by improving natural resiliency, helping protect communities from flooding, particularly in response to climate change, while providing essential habitat for fish and wildlife,” Interim DEC Commissioner Mahar said. “I encourage New Yorkers to review this proposal and provide input as we fulfill Governor Hochul’s commitment to modernize wetlands protections and work to ensure the long-term health of these vital ecosystems.”

Freshwater wetlands are lands and submerged lands—commonly called marshes, swamps, sloughs, and bogs—that support aquatic or semi-aquatic vegetation. New York’s Freshwater Wetlands Act was enacted in 1975 and modernized as part of the 2022-2023 Enacted State Budget. The proposed rule would take effect in January 2025 and clarify jurisdictional status of smaller wetlands of “unusual importance” that meet one of 11 specific criteria contained in the newly amended Freshwater Wetlands Act. In addition, the draft regulations provide a revised wetlands classification system and a process for the public to request and appeal jurisdictional determinations.

The proposed regulations continue DEC’s ongoing efforts to involve interested stakeholders in regulation development and, along with public feedback, build upon an Advanced Notice of Proposed Rule Making DEC released in January 2024.

The proposed rule and supporting documents can be viewed and downloaded on DEC’s website. 

DEC encourages the public to comment on the proposed regulations. Comments will be accepted through Sept. 19, 2024, and can be submitted via e-mail to WetlandRegulatoryComments@dec.ny.gov (subject: “Wetlands Part 664 Comments”) or via mail to NYSDEC, Attn: Roy Jacobson, Jr., 5^th Floor, 625 Broadway, Albany, NY 12233-4756.

The public can also provide comments during virtual and in-person public hearings. The virtual public hearings are scheduled Sept. 10, at 1 p.m. and 6 p.m. An in-person public hearing is scheduled Sept. 12, at 1 p.m. at the DEC office at 625 Broadway, Albany, NY. Registration for the public hearings can be found on DEC’s website.