The New York State Wetlands Regulations, which went into effect on Jan. 1, and has affected municipalities around Chautauqua Lake, has some local officials still confused about its adaptation. Additionally, the Federal Emergency Management Agency’s Flood Plain designations could also affect property owners in conjunction with the wetlands regs. P-J photo by Mike Smoker

LAKEWOOD – Busti officials are still reporting confusion surrounding the state Freshwater Wetlands Act which went into effect. Jan. 1.

“I just sat in on a webinar with the DEC last Thursday, and I’m still confused,” said Jeff Swanson, Busti building and zoning code enforcement officer during a recent Busti Town Board meeting.

Swanson said that in some cases, the adjacent land along the wetland’s borders can be regulated from 100 feet, 500 feet and in some cases 1,000 feet around designated wetlands areas.

Complicating the issue with the wetland regulations is the Federal Emergency Management Agency’s redrawing of the area’s flood plains could also affect homeowners by requiring more time and money spent procuring permission to build or repair things on individually owned private property.

“FEMA is redrawing the flood plains. I don’t think they’ve made it public yet. However, if a residential or commercial property resides in a designated wetlands area and a FEMA floodplain zone, it could require permits to be obtained at the state and federal levels,” he said. “For example, if a person’s property is in a designated a flood plain, and the owner wants to build a structure on his or her property, they would be required to build it two-feet above whatever the flood zone level is based at, plus the property is in a state-regulated wetlands area, they would be required to fill out a permit, and need to obtain permission to build on the property, and pay any other fees associated with it. It’s all still very confusing.”

In 2022 Governor Kathy Hochul signed into law revisions to the Freshwater Wetlands Act, which was originally enacted in 1975 to regulate activities near larger wetlands, greater than 12.4 acres, and smaller wetlands considered to be of unusual local importance. The new law eliminates the use of old and inaccurate maps and says that all wetland areas greater than 12.4 acres will be subject to Article 24 regulations and will be monitored by the state DEC. The 2022 Wetlands Law amendments and 2023 draft regulations can regulate the use of significant portions of Chautauqua Lake and adjacent shoreline, though DEC officials say a lake-specific permit will be designed for Chautauqua Lake.