DEC expands wetland protection zones, rules
Jan. 15 public webinar offered to explain changes, take questions
ALBANY — The state Department of Environmental Conservation Interim Commissioner Sean Mahar announced Tuesday the adoption of updated regulations to expand protection of freshwater wetlands across New York. 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.
The final regulations and additional resources — including maps and information — can be found at tinyurl.com/4hxhztvs The DEC will host a webinar at 2 p.m. on Wednesday, Jan. 15 to provide information and answer questions about the updated regulations. Registration for the webinar is available at tinyurl.com/7hc44f2t. A recording of the webinar will be posted on DEC’s website when available. Additional public engagement sessions — including webinars and community workshops — are planned for this year.
“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.”
Maher said that the DEC will work with developers and property owners to balance environmental protections with economic interests 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, according to the DEC, which added that 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 began on Wednesday. They 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.
“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 (DEC) to protect these critical resources for the birds and people that rely on them. We thank Gov. Hochul, Interim Commissioner Mahar, and the (DEC) for their commitment to protecting our wetlands.”
The Sierra Club’s Atlantic Chapter lauded the new regulations. It cited an urgent need to update the freshwater protections to better address climate change, which the group said was increasing in severity.
“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,” 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 Nature Conservancy also praised the updated regulations. The group’s New York Executive Director Bill Ulfelder said the new rules will protect about one million acres of wetland, which he said offer several benefits.
“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,” he said. “The expansion of state wetland protections is a huge win for New York and the country.”
In addition to the finalized regulations, the 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 the DEC’s jurisdiction.
The draft permit can be found at tinyurl.com/4553hau5. Public comments will be accepted through Jan. 27. They can be submitted via email to DEPPermitting Kristen Cady-Poulin, 4th Floor, NYSDEC 625 Broadway, Albany NY 12233-1750.
The DEC is also developing additional draft freshwater wetland general permits in 2025.