In Split Vote, County Seeks Delay Of Wetland Regulations

Jackie Demore with the Chautauqua Lake Partnership is pictured at the county legislature meeting, calling for the county to back a resolution asking the state to delay the wetland regulations. P-J photo by Gregory Bacon
MAYVILLE – Chautauqua County is going on record wanting Gov. Kathy Hochul to delay the implementation of the new proposed Department of Environmental Wetland Regulations, although legislators’ vote was far from unanimous.
During the legislature meeting, county lawmakers voted 13-6 in the resolution, which calls for the delay “until all the issues can be fully understood and addressed.”
At the beginning of the meeting eight people, either speaking on their own or on behalf of an organization, called on the legislature to pass the resolution.
Jackie Demore of the Chautauqua Lake Partnership argued that wetland regulations were never intended to be applied to a lake.
“Wetlands regulations are designed to protect the lands upstream from the receiving water body and do not even make sense when applied to the water body itself,” she said.
She argued that Chautauqua Institution, which receives regular weed harvesting, would qualify as being regulated.
Jim Wehrfritz with the Chautauqua Lake Property Owners Association agreed, saying all of the lake could be regulated, not just the south basin, which generally gets the most attention.
He also questioned the ability of the DEC to do the job.
“DEC staffing is insufficient to implement the new regulations on January 1, effectively and efficiently,” he said.
Tammy Scheck of Dewittville called for all legislators to vote in favor of the resolution.
“Please understand that sending a unanimous vote tonight sends a clear message to the governor that Chautauqua County is unified,” she said.
But the vote was not unanimous.
Legislator Tom Nelson, D-Jamestown, argued that the resolution is actually a “motion” in disguise. Motions have no legal authority and are designed to share the opinion of the county legislature.
Legislature Chairman Pierre Chagnon, R-Ellery, responded to Nelson’s comment, which he rarely does as the chairman.
“This resolution was carefully crafted in that it does not express any opinions. It asks an action of the New York state governor,” he said.
Legislator Lisa Vanstrom, R-West Ellicott, expressed her opposition to the new wetland regulations overall.
“I think it’s aggressive and overpowering to the rights of landowners,” she said.
Legislator Marty Proctor, R-Mina, said he supports the resolution as written.
“We are just asking the governor to delay the implementation of these regulations until everything can be fully understood and addressed. There are plenty of unanswered questions that abound,” he said.
Legislator Fred Larson, D-Jamestown, responded that the state owns Chautauqua Lake.
“It’s a little odd telling the owner of that lake that they have no right to regulate what goes on in and around the lake,” he said.
When the time came to vote, Democratic Legislators Nelson, Larson, Susan Parker of Fredonia, Marcus Buchanan of Dunkirk, and Bob Bankoski of Dunkirk voted in opposition, along with Republican Legislator Dan Pavlock of Ellington.
Along with Chautauqua County, elected officials in a number of other villages and towns in the county have gone on record either opposing the new DEC regulations or asking for a delay of implementing them.