DEC Comment Period

DEC COMMENT PERIOD - DEADLINE TUESDAY, FEB. 20.

In 2022, the NYS Legislature and the Governor adopted the following major changes to the State Freshwater Wetlands Law:

As of January 1, 2023- Increasing Permit Application Fees
As of January 1, 2025-
- Eliminating the NYS Freshwater Wetlands Mapping procedures and regulatory jurisdiction (no longer limiting DEC jurisdiction to mapped wetlands.)
- Small wetlands (of any size) considered of “unusual importance” will be required if they meet one of the 11 newly-established criteria in the law.
As of January 1, 2028- The default size threshold from regulated wetlands will decrease from 12.4 acres to 7.4 acres.

In response, the NYS Department of Environmental Conservation (DEC) is drafting new wetland regulations. These changes will have a serious impact on new residential developments of all kinds and presents major challenges for our industry. The DEC is accepting public comments and WE NEED YOU to email your comments before close of business on Tuesday, February 20. We've tried to make it easy for you by providing sample language for you below.

Send your email to [email protected] is close of business on Tuesday, February 20. Please take a moment to send it now!

SAMPLE EMAIL LANGUAGE FOR YOU TO COPY/PASTE:

Dear Mr. Jacobson,
I’m writing today to share my concerns about the changes to wetland regulations as it relates to my affiliation to the residential building industry. As you draft the new regulations, I ask that you take the following comments into consideration.

Grandfathered projects
It takes builders several years to design, develop and build projects. As such, it's a major concern for the regulations to change mid-project. Changes to the regulations could require new permits, design changes, and possibly the inability to obtain a building permit. This would lead to significant damages to the stakeholders and developers. Please consider grandfathering projects, and respecting Jurisdictional Determinations already in place when the new law takes effect on January 1, 2025.
New criteria
The 11 new criteria for establishing "unusual importance" creates daunting challenges for builder/developers. By further regulating land that meets any one of these characteristics, it will have the consequence of creating additional buffers and unbuildable area. This will also lengthen approval time and add to development costs.
Housing crisis
The new regulations directly contradict Governor Hochul's plans for addressing the housing crisis. Increasing scrutiny over small “wetlands” adds to the time frame for project approvals, limits developable lands, and increases development costs. These in turn limit the amount of housing units a project can yield and increases housing costs. In addition, the Housing Compact identifies barriers to housing growth and specifically points to "restrict zoning laws, red tape and lengthy approval processes." The new regulations will clearly add red tape and lengthen approval processes.

As you draft the new regulations, I hope that you'll be mindful that New York State is already suffering with a housing shortage and affordability crisis, and act accordingly. Thank you for your consideration in this matter.