New freshwater wetland regulations on the way

Changes to New York State’s freshwater wetland regulations will likely impact communities throughout the North Fork, including Riverhead. Depending on where a project is in the permitting process, developers will need to consider the new regulations if their property is within the boundaries of a DEC-managed wetland.

According to a fact sheet on the DEC website, wetlands that are located in whole or in part within urban areas identified by the U.S. Census Bureau will be subject to the jurisdiction of the state’s Freshwater Wetlands Protection Program beginning Jan. 1, 2025. Wetlands that are located within 2.48 miles of a census-identified urban area and that also meet two additional criteria will now be subject to DEC jurisdiction. In addition, wetlands must be located in a watershed with 2 percent or more impervious area and less than 5 percent flood storage capacity. Under the proposed regulations, only wetlands that meet all three of those criteria would be subject to state jurisdiction.

The current maps used by DEC will be considered informational and will no longer be regulatory in nature. This change is expected to occur in December.

At a virtual briefing earlier this month, Krista Spohr, environmental programs specialist in the NYS DEC’s Office of Ecosystem Health, described how the new rules could affect development. “If DEC has issued you a freshwater wetland permit or DEC has notified you of a complete freshwater wetland permit application, it doesn’t matter if it’s a small project or a large project, the new rules won’t go into effect until your permit expires,” she said. Other parts of the permitting process will have specific deadlines depending on the scope of the project.

A recording of the information session is available on the DEC website. Public comments on the changes will be accepted until September 19.

In a written statement, DEC said the new regulations are necessary to protect New York’s freshwater. “Protecting freshwater wetlands is critical to protecting water quality, preserving wildlife habitat, mitigating flooding, and promoting resiliency in New York State communities and along its shorelines. The proposed regulations implement significantly improved and modernized state freshwater wetlands law to ensure the long-term health and benefits of these important ecosystems for present and future generations. DEC appreciates the comments received to date and looks forward to providing additional opportunities for public comment.”

Another important change is the regulation of vernal pools. These pools fill up temporarily in the spring and are critical habitat for amphibians, many of which are endangered. Reporting the presence of these pools will be voluntary.

DEC’s Environmental Resources Map shows which areas of the North Fork will be affected by the new regulations.

Visit DEC’s Freshwater Wetlands Questions and Answers document, which can help you answer frequently asked questions and submit public comments. (email protected) until September 19, 2024