DEC hears proposed wetlands rule

Local advocates urge City Council to develop its own wetland protections

ALBANY — The state Department of Environmental Protection is seeking to protect an additional million acres of unprotected wetland habitat by expanding the number of wetlands it regulates and welcomes public feedback on the proposed law.

DEC Interim Commissioner Sean Mahar announced the proposed regulations in a statement shared Wednesday, July 10. He said the goal 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 New York communities by increasing natural resilience and helping to protect communities from flooding, particularly in response to climate change, while also providing essential habitat for fish and wildlife,” Mahar said.

The proposed regulations, which are set to take effect in January 2025, clarify the jurisdictional status of smaller wetlands of “exceptional significance” that meet certain criteria in the recently amended act. The draft regulations also provide for a revised wetland classification system and a process by which the public can request and appeal jurisdictional determinations.

Advocates are already sharing ideas on how local city councils can intervene.

Dave Barnett, a member of the citizen group Bethlehem Tomorrow, addressed the Bethlehem City Council in favor of adopting local wetland regulations. He agreed that it is important to have detailed state regulations before moving forward with local wetland regulations. However, he expressed skepticism about relying solely on the state review process.

“My concern is with the idea that local is best,” he said. “Even if state regulations do a good job of protecting Bethlehem’s wetland resources, our planning board and city staff are the best people on the ground to review government proposals.”

Barnett called on the City Council to commit to developing a revised municipal code to protect wetlands in 2025, establishing a coordinated review process with DEC to streamline development review and effectively implement the Comprehensive Plan recommendations.

The ombudsman’s proposal is similar to what the City of Colonie uses as part of its review process.

Colonie Senior City Planner Andris Blumbergs said he was looking forward to the new regulations. He would not comment on the proposal because he thought it would be premature.

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

City council members did not immediately respond to Barnett’s comments, which were made during a public comment portion of the council meeting. Council members rarely comment, giving members of the public time to express their concerns without interruption.

New York’s Freshwater Wetlands Act, originally enacted in 1975, was modernized as part of the 2022-23 state budget. Freshwater wetlands, which include marshes, fens, backwaters, and peatlands, provide habitat for aquatic or semi-aquatic vegetation.

The proposed rule is part of DEC’s efforts to engage stakeholders in the development of the rulemaking. These efforts build on an Advanced Notice of Proposed Rulemaking issued in January 2024.

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

The public can also comment at virtual and in-person public hearings. Virtual hearings are scheduled for Tuesday, September 10, at 1:00 p.m. and 6:00 p.m., and an in-person hearing is scheduled for Thursday, September 12, at 1:00 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 feedback as we fulfill Governor Hochul’s commitment to modernize wetland protections and take action to ensure the long-term health of these critical ecosystems,” Mahar said.