‘Tip Of The Iceberg’
Property Owners Group To Host Public Meeting Saturday
BEMUS POINT – The Chautauqua Lake Property Owners Association will host a public meeting from 9:30 to 11 a.m. Saturday at the Lawson Center, 73 Lakeside Drive.
Topics to be covered during the meeting include wetland regulations and strategy, North Carolina State University’s (NCSU) Lake Management Plan, the Corps of Engineers study and lake organizational issues. The meeting can also be attended via Zoom. The Zoom ID is 824 9220 7577 and the password is 2jCmcp.
Jim Wehfritz of the Chautauqua Lake Property Owners Association spoke to Lakewood Village Board members during their meeting Monday. The association has hosted several public meetings as questions and concerns were raised about new freshwater wetlands regulations that took effect Jan. 1.
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, according to Sean Mahar, state DEC commissioner.
“The CLPOA has worked for a year and a half in numerous emails and seven well-attended meetings educating your municipality and the public seeking to improve the DEC’s proposed new wetlands regulations,” said Wehrfritz. “Through our efforts, all local, county and state representatives but one, the town of Chautauqua, opposed the regulations along with thousands who’ve submitted petitions and letters. Final regulations are out with maps showing hundreds of existing homes and land parcels along the lake and many hundreds more just inland which may now be in restricted wetlands. This is just the tip of the iceberg.”
In 2024, the towns of Ellicott, Ellery, Busti, and North Harmony, as well as the villages of Bemus Point, Celoron, Lakewood, and Mayville passed resolutions opposing the state wetlands designation. In August County Executive PJ Wendel asked for a statewide delay for the regulations to take effect while state Sen. George Borrello, R-Sunset Bay, introduced legislation that would exempt navigable freshwater lakes from the new regulations.
“This is very confusing,” said Building and Zoning Code Officers Jeff Swanson, who also is the code enforcement officer for the Town of Busti as well. “I’m hoping the DEC will have some type of training regarding this soon.”
The state DEC hosted a meeting at 2 p.m. Wednesday focusing on how to comply with the new regulations.
According to the DEC, 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 DEC added that the updated regulations 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.
There is also a proposed, the DEC said, state general permit for various activities in state-regulated freshwater wetlands and adjacent areas, protected water bodies, 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 can be found at dec.ny.gov/regulatory/permits-licenses/general-permits/freshwater-wetlands.
Public comments will be accepted through Jan. 27 and can be submitted via email to DEPPermitting@dec.ny.gov or via mail to NYSDEC Division of Environmental Permits, Attn: Kristen Cady-Poulin, Fourth Floor, NYSDEC 625 Broadway, Albany, N.Y. 12233-1750.