Big changes to New York’s environmental conservation law took effect on January 1, increasing regulated freshwater wetlands by one million acres, according to the state Department of Environmental Conservation.

Expansion and Impact on Landowners

The expansion in wetlands overseen by DEC will roughly double the current amount by 2028 when the minimum size for wetlands under DEC’s authority will go from 12.4 acres to 7.4 acres. While environmental groups hailed the expansion of wetland habitat, many landowners are up in arms over what they see as an infringement on their property rights.

Defining Wetlands and Environmental Impact

DEC’s broad definition of a wetland – commonly called marshes, swamps, sloughs, or bogs – is land that supports aquatic or semi-aquatic vegetation. Protecting freshwater wetlands is essential for preserving biodiversity, as wetlands provide critical habitats for numerous plant and animal species, DEC said in a recent press release announcing the new regulations. Wetlands also filter pollutants, mitigate flooding, and sequester carbon, the agency added.

Regulation and Property Impact

Many landowners are concerned that the new regulations will heavily restrict what they can do with their property, thus negatively impacting property values. At issue is how DEC will delineate freshwater wetlands going forward. Under the new rules, any wetlands meeting certain criteria, such as the presence of some aquatic plant species, will be regulated by DEC and subject to permitting, regardless of whether they appear on official wetland maps.

Activities requiring permits include the construction of buildings, roadways, septic systems, dams, dikes, bulkheads, modification, expansion, or extensive restoration of existing structures, new decks, clear-cutting of trees, water wells, and installation of driveways and utilities.

Changes in Wetland Delineation

Landowners must now request a DEC review before going ahead with any projects, raising concerns about extra uncertainty, time, and expense to a permitting process that was already somewhat onerous. The new wetland regulations extend DEC’s authority far beyond wetlands shown on old paper – now digital – maps that were first drawn up in 1975, sparking confusion among homeowners.

Impact on Lakefront Properties

The 60-plus mile shoreline of Oneida Lake, the largest lake fully within state lines, is surrounded by state-regulated wetlands. Under DEC’s new rules, the entire lake, including a 100-ft buffer zone extending inland from the shore, could be considered one giant green blotch, putting hundreds of homes under strict DEC regulation for the first time.

Concern for Environmental Initiatives

Landowners affected by the new wetland regulations are not only worried about property values but also concerned about how the regulations may hinder ongoing water quality initiatives. One such initiative is the management of an invasive aquatic plant, which could result in significant harm to the lake if left unchecked.

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Response and Proposed Exemptions

In response, a proposed bill in the NYS Senate would exempt inland lakes larger than 150 acres from wetlands designations, excluding the Great Lakes. Sen. Joe Griffo, a co-sponsor of the bill, called the new wetlands regulations “vague” and an example of “agency overreach."

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