DEC all ears on proposed wetland regs

Local advocates urge Town Board to develop its own wetlands protections

ALBANY — The state Department of Environmental Conservation seeks to protect an additional one million acres of unprotected wetland habitat by expanding the number of wetlands it regulates and is open to hearing what residents think of its proposed law.

Interim DEC Commissioner Sean Mahar announced the proposed regulations in a statement shared on Wednesday, July 10. He said the aim is to protect freshwater wetlands across the state. The draft regulations are now available for public comment until Thursday, Sept. 19.

“Wetlands provide economic and ecological benefits to all of New York’s communities by improving natural resiliency, helping protect communities from flooding, particularly in response to climate change, while providing essential habitat for fish and wildlife,” Mahar said.

The proposed rule, set to take effect in January 2025, clarifies the jurisdictional status of smaller wetlands of “unusual importance” that meet specific criteria in the newly amended act. Additionally, the draft regulations provide a revised wetlands classification system and a process for the public to request and appeal jurisdictional determinations.

Advocates are already sharing their ideas on how local town boards can step in.

Dave Barnett, a member of the citizens group Bethlehem Tomorrow, addressed Bethlehem’s town board advocating for the adoption of local wetlands regulations. He acknowledged the importance of having detailed state regulations before proceeding with local wetlands regulations. However, he expressed skepticism over relying solely on the state’s regulatory review process.

“My concern is directed to the concept of local is best,” he said. “Even if the state regulations do a fair job of protecting Bethlehem’s wetlands resources, our planning board and our town staff are the best boots on the ground for reviewing the government proposals.”

Barnett urged the town board to commit to developing a revised town code to protect wetlands in 2025, establishing a coordinated review process with the DEC to streamline development review and implement the Comprehensive Plan’s recommendations effectively.

The advocate’s suggestion sounds similar to what the Town of Colonie has in place through its review process.

Town of Colonie Senior Planner Andris Blumbergs said he looks forward to seeing new regulations. He did not comment on the proposal, as he felt it would be premature.

Where Bethlehem residents seek additional layers to compliment state regs, Colonie has an advisory board that reviews projects in environmentally sensitive areas, which adds an extra layer of scrutiny beyond state regulations. This board only gets involved if a permit application is denied by the Planning Board.

Town Board members did not immediately respond to Barnett’s comments, which were expressed during the board’s public comment portion of its meeting. Board members seldom comment, allowing audience members time to express concerns without hindrance.

New York’s Freshwater Wetlands Act, originally enacted in 1975, was modernized as part of the 2022-2023 Enacted State Budget. Freshwater wetlands, which include marshes, swamps, sloughs, and bogs, support aquatic or semi-aquatic vegetation.

The proposed regulations are part of DEC’s efforts to involve stakeholders in the development of regulations. These efforts build on an Advanced Notice of Proposed Rule Making released in January 2024.

The proposal and supporting documents are available on the DEC website, https://dec.ny.gov/ . Public comments can be submitted until Thursday, Sept. 19, via email to WetlandRegulatoryComments@dec.ny.gov (subject: “Wetlands Part 664 Comments”) or via mail to NYSDEC, Attn: Roy Jacobson, Jr., 5th Floor, 625 Broadway, Albany, NY 12233-4756.

The public can also provide comments during virtual and in-person public hearings. Virtual hearings are scheduled for Tuesday, Sept. 10, at 1 and 6 p.m., while an in-person hearing is set for Thursday, Sept. 12, at 1 p.m. at the DEC office in Albany. Registration for the public hearings is available on the DEC website, https://dec.ny.gov/.

“I encourage New Yorkers to review this proposal and provide input as we fulfill Governor Hochul’s commitment to modernize wetlands protections and work to ensure the long-term health of these vital ecosystems,” Mahar said.

The post DEC all ears on proposed wetland regs first appeared on Spotlight News .