PJ Photo by Michael Zabrodsky From left, Lakewood Village Administrator John Shedd, Trustee Ben Troche, Mayor Randy Holcomb, Trustee Ellen Barnes and Trustee Nancy Jones review documents and discuss the delay implementation of the proposed Chautauqua Lake Wetlands Regulations.

By MICHAEL ZABRODSKI

[email protected]

LAKEWOOD – Lakewood village trustees want to delay implementation of the proposed Chautauqua Lake wetlands ordinance.

And on Monday, the Lakewood Village board unanimously approved the resolution. In July, trustees approved a measure opposing New York State’s proposed regulations submitted under the Freshwater Wetlands Act of 1975 as amended in 2022.

“The Lakewood Village Board respectfully requests that Governor Kathy Hochul delay the implementation of these new wetlands regulations,” Trustee Ellen Barnes read from the resolution.

The proposed regulations are to come into force on January 1, 2025.

Wetlands Act Amendments of 2022 and proposed regulations of 2023 may regulate the use of significant portions of the lake and adjacent coastline, with major negative impacts on tourism, commercial interests, property values and, ultimately, property, school, and sales tax revenues.

Wehrfritz and Lakewood Village Trustee began raising concerns earlier this year about the new wetlands designation and its potential impact on Chautauqua Lake. Concerns initially focused on the Burtis Bay area of ​​Chautauqua Lake, in the town of Ellicott and the village of Lakewood. Wehrfritz said the new regulations could affect the entire lake. Homes along the shores of Chautauqua Lake account for more than 25 percent of the county’s total assessed value.

The towns of Ellicott, Ellery, Busti and North Harmony, as well as the villages of Bemus Point, Celoron and Mayville have passed resolutions opposing state wetland designation.

State Sen. George Borrello, R-Sunset Bay, and state Rep. Andy Goodell, R-Jamestown, had sent a joint letter in June to Sean Mahar, acting state DEC commissioner, expressing their concerns about how proposed wetlands regulations could affect Chautauqua Lake. . They specifically requested that the DEC’s proposed regulations not designate the lakes as wetlands, because that designation would be inconsistent with both existing statutory language and decades of precedent.

Barnes added that the resolution passed by the village also calls for new regulations to be delayed until the New York State Department of Conservation addresses all issues related to the proposed regulations; until the DEC’s proposed wetlands permit is completed; until the legislation exempting the lake introduced by Borrello was considered and voted on; until NYSDEC proposes “informative maps” showing suggested wetlands that are accessible to the public; until December “lake-specific wetland regulations” are complete; and until DEC Region 9 staff is sufficient to administer the regulations effectively and efficiently.

“The Lakewood Village Board of Trustees requests that implementation of the new regulations be delayed until a full study of the impact the new regulations will have on businesses, properties and property values surrounding the lake, as well as the impact on the general environment. “ Barnes read.

The resolution, Barnes added, requests that regulations be delayed until the Army Corps of Engineers completes its study and the information is released.

Trustee John Shedd said he supports the importance of preserving wetlands, but does not support more regulations.

“In my opinion, they (wetlands) increase property value if used appropriately. I am not in favor of additional regulations. I think the current regulations cover these issues. I also agree with Senator Borrello’s comment and hope this vote is moved forward to exempt bodies of water like Chautauqua Lake. I think this resolution is very responsible in the way it was written to carry out studies, impact studies. I think this is the right way to delay things. I don’t believe the DEC currently has a personnel plan on how they’re going to implement this,” » Shedd noted.

Lakes advocate Jim Wehrfritz previously said the new regulations were being interpreted by the DEC to include Chautauqua and other lakes. For Chautauqua Lake, regulations will require the strictest restrictions on common activities. All parts of Chautauqua Lake and its shores could be regulated – not just the southern basin to which the DEC has given the most attention.

“As you know, although only 1 percent of the county’s land area, waterfront and lakeside properties generate more than 25 percent of Chautauqua County’s total property tax revenue. If wetlands are designated, property values ​​and tax revenues will certainly decrease. Property tax rates will need to increase for everyone in Chautauqua County to close the deficit. School tax rates will increase in districts bordering the lake or higher. Sales tax revenue will decline as lake-related tourism, a pillar of Chautauqua County’s economy, suffers,” said Wehrfritz.