Proposed Wetlands Rules Leave Too Much to the Imagination

There are great concerns about new wetland designations and their impact on the future of Chautauqua Lake.

Since The Post-Journal began reporting on the new designations earlier this year, two primary schools of thought have emerged. One group says there’s nothing to worry about, since the new rules are meant to clarify the old, vague regulations and no additional authority would be used to make major changes to how Chautauqua Lake is managed. Another group reads the proposed rules as meaning that major changes are very possible for Chautauqua Lake and for property owners around the lake.

We are inclined to agree with the second group.

If there were no cause for concern, we doubt that state Sen. George Borrello, R-Sunset Bay, would introduce legislation to exempt Chautauqua Lake and the Great Lakes from these new regulations. We also note that supporters of the new regulations claim that they will identify existing wetlands, include wetlands that have been previously overlooked, and protect wetlands that already exist. We doubt that anyone would disagree with two of these three statements. However, the location of these “previously overlooked” wetlands is a problem if you already own property in these “previously overlooked” wetlands and have to deal with new regulations on property for which you paid hundreds of thousands of dollars.

We’re seeing a recurring theme in comments submitted by state Assembly candidate Andrew Molitor. The new wetlands rules quietly allow the DEC to expand watershed buffers in ways that could create larger swaths of land requiring DEC oversight. In the case of vernal ponds—lowered areas of water where certain amphibian species occur in spring or fall before the ponds dry out in summer—the presence of some salamanders on a quarter-acre could trigger new oversight of operations covering about 53 acres. That’s just one example of the kind of expansion that has upset lakefront property owners.

Of course, the biggest source of contention is whether Chautauqua Lake would remain a navigable body of water if large areas of the lake were to qualify for wetland designation. A simple sentence in the new legislation would remove much of the ambiguity about the future of Chautauqua Lake while accomplishing exactly what Borrello suggested in his legislation introduced earlier this year; redefining “freshwater wetlands” to say that navigable waters in an inland lake should not be considered wetlands.”

The change is something Molitor suggested in his comments to the DEC. It would be a simple change for the DEC that addresses many of the concerns that have been raised over the past few months by Chautauqua Lake property owners. The fact that it hasn’t been addressed yet is odd, to say the least.

If you can support Molitor’s proposal, please take a moment within the next week to submit comments to DEC at [email protected] with the subject line “Wetlands Part 664 Comments” or by mail to NYSDEC, Attn: Roy Jacobson, Jr., 5th Floor, 625 Broadway, Albany, NY 12233-4756.

In our opinion, the proposed wetland regulations leave too much to the imagination of the state to ensure that they will be used in a harmless manner in the future. Too much is open to interpretation, because the situation can easily change with changes in leadership and personnel at DEC regional offices. Chautauqua Lake is too important to Chautauqua County to leave so much to interpretation and ambiguity. Express your concerns – and if DEC doesn’t listen, do so by lobbying your state legislators.

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