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DEC Finalizes Regulations to Protect Freshwater
Wetlands
Published: January 03, 2025
at 10:30 a.m.
By: Press Release
from NYS DEC
DEC Finalizes Regulations to Protect Freshwater
Wetlands
New Regulations will Protect an Estimated One Million
Additional Acres of Wetland Habitat and Implement Changes to Freshwater
Wetlands Act
DEC Hosting Informational Webinar Jan. 15 to Provide
Information on Updated Freshwater Wetland Regulations
New York State
Department of Environmental Conservation (DEC) Interim Commissioner Sean
Mahar has announced the adoption of updated regulations to protect
freshwater wetlands across New York State. The regulations implement new
statutory requirements under the State’s Freshwater Wetlands Act that will
safeguard an estimated one million additional acres of wetland
habitat.
“Protecting
freshwater wetlands is critical to the health of New York’s natural
environment, helping protect communities from flooding through natural
resiliency and creating habitats for fish and wildlife,” Interim
Commissioner Mahar said. “The updated regulations include
additional guidance to ensure the long-term health of these vital
ecosystems, which provide economic and ecological benefits to communities
across the state. Under Governor Hochul’s leadership, DEC will continue to
work closely with property owners and developers to ensure the
implementation of these updated regulations balance environmental
protection and economic and renewable energy development.”
Freshwater
wetlands are lands and submerged lands—commonly called marshes, swamps,
sloughs, and bogs—that support aquatic or semi-aquatic vegetation.
Protecting freshwater wetlands is essential for preserving biodiversity, as
wetlands provide critical habitats for numerous plant and animal species.
These ecosystems improve water quality by filtering pollutants, mitigate
flooding by absorbing excess rainfall, and play a significant role in
carbon sequestration.
The updated
regulations 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 State’s amended
Freshwater Wetlands Act, which was modernized as part of the 2022-2023
Enacted State Budget. In addition, the regulations provide a
streamlined wetlands classification system and process for the public to
request and appeal jurisdictional determinations.
“Audubon is
thrilled that the Department of Environmental Conservation has adopted
strong regulations that will protect over a million acres of freshwater
wetlands in New York State,” National Audubon Society Policy
Director Erin McGrath said. “Wetlands provide shelter, rest, and
nourishment for millions of birds and important ecosystem services to New
Yorkers across the state – but they are in crisis. Updating the regulations
to enact the historic reforms made to the New York State Freshwater
Wetlands Act in 2022 will allow the Department to protect these critical
resources for the birds and people that rely on them. We thank Governor
Hochul, Interim Commissioner Mahar, and the Department for their commitment
to protecting our wetlands.”
“These historic
wetlands regulatory reforms will make New York’s communities more resilient
to the catastrophic floods, droughts, and ecological disruption brought on
by the climate crisis,” Sierra Club Atlantic Chapter Conservation
Director Roger Downs said. “State and municipal leaders will now
have the tools to identify and enhance the diverse mosaic of wetlands that
protects New York’s infrastructure, drinking water, and biodiversity. The
Sierra Club applauds Governor Hochul, Commissioner Mahar and all the
support staff who have tirelessly labored over the new rules to create an
effective new freshwater wetlands and vernal pools protection program. With
the increasing severity of climate change, these reforms could not have
come soon enough.”
“The Nature
Conservancy is thrilled that stronger protections for freshwater wetlands
in New York State will take effect on January 1,” The Nature
Conservancy's New York Executive Director Bill Ulfelder
said. “We commend Governor Hochul and the Department of
Environmental Conservation for finalizing new rules to protect one million
acres of wetlands. Healthy wetlands clean our air and water by naturally
removing contaminants, buffer communities from flooding and droughts, and
provide habitat to wildlife and many endangered species. The expansion of
state wetland protections is a huge win for New York and the country.”
DEC will host a
webinar on Jan. 15, 2025, at 2 p.m. to provide information and answer
questions about the updated Freshwater Wetlands program regulations.
Registration for the webinar is available here. A recording of the webinar will be posted on
DEC’s website when available. Additional public engagement sessions—including webinars and community workshops—are
planned for 2025.
The final regulations and additional resources, including maps
and information, are available on DEC’s website.
In addition to
the finalized regulations, DEC proposed a statewide general permit for
various activities in State-regulated freshwater wetlands and adjacent
areas, protected waterbodies, and navigable waters. The Freshwater Wetlands
General Permit (GP-0-25-003) would be for a five-year term to allow for 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. The draft permit can be found on DEC’s Freshwater Wetlands General Permit website. Public
comments will be accepted through Jan. 27, 2025, and can be submitted via
email to DEPPermitting@dec.ny.gov or
via mail to NYSDEC Division of Environmental Permits, Attn: Kristen
Cady-Poulin, 4th Floor, NYSDEC 625 Broadway, Albany NY 12233-1750. DEC is
also developing additional draft freshwater wetland general permits in
2025.
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