Adoption of the updated wetlands regulations have gone into effect 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, according to NYS Department of Conservation Interim Commissioner Sean Mahar.

The new regulations include Chautauqua Lake.

“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,” 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.”

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.

The Nature Conservancy’s New York Executive Director Bill Ulfelder said the conservancy is thrilled that stronger protections for freshwater wetlands have taken effect in the state.

“We commend Governor Hochul and the Department of Environmental Conservation for finalizing new rules to protect one million acres of wetlands,” Ulfelder added.

Local municipalities surrounding the lake have expressed concern regarding the updated regs.

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.

Also in 2024, Jim Wehrfritz, of the Chautauqua Lake Property Owners Association, said that the new regs are being interpreted by the DEC to include Chautauqua and other lakes. For Chautauqua Lake, the regulations will require the most stringent restrictions on common activities. All parts of Chautauqua Lake and its shoreline could be regulated – not just the South Basin to which the DEC has given most attention.

The DEC will host a webinar on Jan. 15 at 2 p.m. to provide information and answer questions about the updated Freshwater Wetlands program regulations. To register visit dec.ny.gov. Final regs and additional resources also are available on the DEC’s website.

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.