New York State Department of Environmental Conservation (DEC) Interim Commissioner Sean Mahar today announced the adoption of updated regulations to protect freshwater wetlands across the state. The regulations implement new statutory requirements under the State’s Freshwater Wetlands Act, safeguarding an estimated one million additional acres of wetland habitat.
“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,” Interim Commissioner 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.”
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 updated regulations take effect in January 2025 and clarify the 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.
“Audubon is thrilled that the Department of Environmental Conservation has adopted strong regulations that will protect over a million acres of freshwater wetlands in New York State,” National Audubon Society Policy Director Erin McGrath said. “Wetlands provide shelter, rest, and nourishment for millions of birds and important ecosystem services to New Yorkers across the state – but they are in crisis. Updating the regulations to enact the historic reforms made to the New York State Freshwater Wetlands Act in 2022 will allow the Department to protect these critical resources for the birds and people that rely on them. We thank Governor Hochul, Interim Commissioner Mahar, and the Department for their commitment to protecting our wetlands.”
“These historic wetlands regulatory reforms will make New York’s communities more resilient to the catastrophic floods, droughts, and ecological disruption brought on by the climate crisis,” Sierra Club Atlantic Chapter Conservation Director Roger Downs said. “State and municipal leaders will now have the tools to identify and enhance the diverse mosaic of wetlands that protects New York’s infrastructure, drinking water, and biodiversity. The Sierra Club applauds Governor Hochul, Commissioner Mahar and all the support staff who have tirelessly labored over the new rules to create an effective new freshwater wetlands and vernal pools protection program. With the increasing severity of climate change, these reforms could not have come soon enough.”
“The Nature Conservancy is thrilled that stronger protections for freshwater wetlands in New York State will take effect on January 1,” The Nature Conservancy’s New York Executive Director Bill Ulfelder said. “We commend Governor Hochul and the Department of Environmental Conservation for finalizing new rules to protect one million acres of wetlands. Healthy wetlands clean our air and water by naturally removing contaminants, buffer communities from flooding and droughts, and provide habitat to wildlife and many endangered species. Expanding state wetland protections is a huge win for New York and the country.”
DEC will host a webinar on Jan. 15, 2025, at 2 p.m. to provide information and answer questions about the updated Freshwater Wetlands program regulations. Registration for the webinar is available here. A webinar recording will be posted on DEC’s website when available. Additional public engagement sessions—including webinars and community workshops—are planned for 2025.
The final regulations and additional resources, including maps and information, are available on DEC’s website.
In addition to the finalized regulations, DEC proposed a statewide general permit for various activities in State-regulated freshwater wetlands and adjacent areas, protected waterbodies, 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 permit can be found on DEC’s Freshwater Wetlands General Permit website. Public comments will be accepted through Jan. 27, 2025, and can be submitted via email to DEPPermitting@dec.ny.gov or via mail to NYSDEC Division of Environmental Permits, Attn: Kristen Cady-Poulin, 4th Floor, NYSDEC 625 Broadway, Albany NY 12233-1750. DEC is also developing additional draft freshwater wetland general permits in 2025.
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