The updated wetland regulations enacted by the New York State Department of Environmental Conservation (NYSDEC) mark a pivotal shift in how wetlands are identified, classified, and protected across the state. With these changes taking effect January 1, 2025, property owners, developers, and municipalities may face new challenges in understanding and adhering to the updated standards.
With extensive experience navigating complex environmental regulations, The LA Group is uniquely positioned to help clients and collaborators assess how these changes may impact their projects. From understanding the implications of Wetlands of Unusual Importance to managing jurisdictional determinations and buffer requirements, we provide clear guidance and strategic solutions to move projects forward while ensuring regulatory compliance.
This guide highlights the critical aspects of the new regulations and illustrates how we can help you address these updates with confidence and expertise.
The new regulations went into effect on January 1, 2025.
NYSDEC has established “grace periods” for projects that had a complete wetland permit filed with NYSDEC prior to January 1, 2025, OR for projects that were issued a local approval (i.e. Site Plan Approval) prior to January 1, 2025. In these instances, the new regulations would not apply to the project until January 1, 2027 for minor projects and July 1, 2028 for major projects.
DEC previously only regulated wetlands that were 12.4 acres or larger. This minimum size is being reduced to 7.4 acres. However, this reduced minimum size does not go into effect until 2028.
Yes, DEC has developed a new category of wetlands known as Wetlands of Unusual Importance (WUI). There is no minimum size for these types of wetlands. Some of the characteristics required to be considered a WUI include wetlands located in urban areas (per US Census data), wetlands known to support a rare plant or animal species, and wetlands located within floodplains. In all, there are 11 categories of WUI.
There is a potential for DEC to assign buffers wider than 100-feet, but only in special circumstances that are somewhat uncommon in our area. The wetlands that can have wider buffers assigned to them are Vernal Pools and Nutrient Poor Wetlands. Vernal pools are woodland areas that support standing water, usually in the spring, that are important for amphibian breathing. There are 20 types of nutrient poor wetland types defined by DEC and they include such locally unusual types such as northern white cedar swamps and highbush blueberry bog thickets. The good news is that in the regulations issued, increased buffer widths will be considered by DEC on a case-by-case basis. When originally proposed, the regulations automatically assigned 800-feet buffers to vernal pools and 300-feet to nutrient poor wetlands.
DEC has established an updated jurisdictional determination procedure for determining if lands are subject to the new regulations. DEC’s Central Office is required to provide a jurisdictional determination within 90 days of the submission of a formal request. Positive parcel and project jurisdictional determinations can be appealed after consultation with the Regional DEC Office.
Navigating the newly released NYSDEC Wetland Regulations can be complex, but understanding these changes is essential for successful project planning and compliance. We hope the above FAQs prove helpful as you begin navigating this for your own projects. If you have specific questions or need guidance on how these regulations will impact you, we’re here to help. Contact us today to set up a call or meeting—our team is ready to provide expert advice and tailored solutions to keep your projects moving forward.
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