ARTICLE
A rulemaking amended 6 NYCRR Part 664, Freshwater Wetlands Mapping and Classification to Freshwater Wetlands Jurisdiction and Classification to implement amendments to the Freshwater Wetlands Act that take effect January 1, 2025. The following is a brief summary of the legislative amendments and their effective dates: January 1, 2025 - The current NYS Freshwater Wetlands Maps will no longer limit DEC regulatory jurisdiction to wetlands depicted on those maps. DEC’s regulatory protections of freshwater wetlands will no longer be limited to wetlands depicted on the NYS Freshwater Wetlands Maps. As of January 1, the NYS Freshwater Wetlands Maps will be referred to as Previously Mapped Freshwater Wetlands. Jurisdictional protections for previously mapped freshwater wetlands will remain as DEC’s jurisdictional authority expands to include wetlands meeting the freshwater wetland definition and state jurisdictional criteria for protection. Jurisdictional determinations and wetland classifications will be made remotely based on wetland acreage and characteristics meeting jurisdictional criteria. January 1, 2025 - Small wetlands of "unusual importance" will be regulated if they meet one of 11 newly established criteria listed in the new legislation. January 1, 2028 - The default size threshold of regulated wetlands will decrease from 12.4 acres to 7.4 acres. Small wetlands of "unusual importance" will continue to be regulated if they meet one of the criteria listed in the new legislation. As a result of the statutory changes noted above, DEC amended DEC's freshwater wetlands regulations and update procedural steps to implement these changes. Click here to read more about the program and access the rulemaking documents. DEC will host a webinar on January 15, 2025 at 2 p.m. to provide information and answer questions about the updated Freshwater Wetlands program regulations. Click here to register. In addition to the finalized regulations, DEC proposed a statewide general permit for various activities in State-regulated freshwater wetlands and adjacent areas, protected waterbodies, and navigable waters. The Freshwater Wetlands General Permit (GP-0-25-003) would be for a five-year term to allow for the repair, replacement, or removal of existing structures and facilities; construction or modification of various residential, commercial, industrial, or public structures; temporary installation of access roads and laydown areas; cutting trees and vegetation; drilling test wells; and routine beach maintenance and replenishment in areas under DEC jurisdiction. The draft permit can be found on DEC’s Freshwater Wetlands General Permit website. Public comments on the above proposal will be accepted through Jan. 27, 2025, and can be submitted via email to DEPPermitting@dec.ny.gov or via mail to NYSDEC Division of Environmental Permits, Attn: Kristen Cady-Poulin, 4th Floor, NYSDEC 625 Broadway, Albany NY 12233-1750. DEC is also developing additional draft freshwater wetland general permits in 2025.
A rulemaking amended 6 NYCRR Part 664, Freshwater Wetlands Mapping and Classification to Freshwater Wetlands Jurisdiction and Classification to implement amendments to the Freshwater Wetlands Act that take effect January 1, 2025.
The following is a brief summary of the legislative amendments and their effective dates:
As a result of the statutory changes noted above, DEC amended DEC's freshwater wetlands regulations and update procedural steps to implement these changes.
Click here to read more about the program and access the rulemaking documents.
DEC will host a webinar on January 15, 2025 at 2 p.m. to provide information and answer questions about the updated Freshwater Wetlands program regulations. Click here to register.
In addition to the finalized regulations, DEC proposed a statewide general permit for various activities in State-regulated freshwater wetlands and adjacent areas, protected waterbodies, and navigable waters. The Freshwater Wetlands General Permit (GP-0-25-003) would be for a five-year term to allow for the repair, replacement, or removal of existing structures and facilities; construction or modification of various residential, commercial, industrial, or public structures; temporary installation of access roads and laydown areas; cutting trees and vegetation; drilling test wells; and routine beach maintenance and replenishment in areas under DEC jurisdiction. The draft permit can be found on DEC’s Freshwater Wetlands General Permit website.
Public comments on the above proposal will be accepted through Jan. 27, 2025, and can be submitted via email to DEPPermitting@dec.ny.gov or via mail to NYSDEC Division of Environmental Permits, Attn: Kristen Cady-Poulin, 4th Floor, NYSDEC 625 Broadway, Albany NY 12233-1750. DEC is also developing additional draft freshwater wetland general permits in 2025.