DEC COMMENT PERIOD - DEADLINE THURSDAY, SEPT. 19.
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Earlier this year, we asked you to send comments to the DEC during their preliminary comment period. Now that they've moved into the next phase and have released their proposed regulations, we're calling on the full CRBRA membership to submit comments to represent the residential construction point-of-view. It's important that the DEC be inundated with these comments so please circulate this email within your company, family and friends encouraging them to submit too!
To make it easy, we've drafted sample comments that you can copy/paste and send. Please feel free to expand on these comments with any specifics from your business. Send your email to [email protected] with subject line: "Wetlands Part 664 Comments" by close of business on Thursday, September 19. |
Interested in learning more about the proposed changes?PowerPoint courtesy of Terresa Bakner, Esq., Whiteman, Osterman & Hanna LLP
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SAMPLE EMAIL LANGUAGE FOR YOU TO COPY/PASTE:
To: [email protected]
Subj: Wetlands Part 664 Comments
Dear Mr. Jacobson,
I’m writing today to share my concerns about the proposed revisions to Freshwater Wetlands Regulations – 6 NYCRR Part 664. I understand the importance of protecting our environment, however, my involvement in the residential construction industry leaves me concerned about the detrimental effects of these regulations. As you work on finalizing the amendments, I respectfully ask that you take the following comments under advisement.
As you consider the comments you’ve received during this comment period, I hope 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.
Subj: Wetlands Part 664 Comments
Dear Mr. Jacobson,
I’m writing today to share my concerns about the proposed revisions to Freshwater Wetlands Regulations – 6 NYCRR Part 664. I understand the importance of protecting our environment, however, my involvement in the residential construction industry leaves me concerned about the detrimental effects of these regulations. As you work on finalizing the amendments, I respectfully ask that you take the following comments under advisement.
- Criteria #2 for wetlands of unusual importance: “It is located within or adjacent to an urban area, as defined by the United States Census Bureau as of 2020.”
Defining an urban area by the 2020 Census leads to many suburban or village areas erroneously being considered urban. In the Capital Region, that would make towns like Bethlehem, Clifton Park, Colonie, Guilderland, Halfmoon, and many more classified as urban. This would greatly increase the number of wetlands of any size that are regulated by NYSDEC as Wetlands of Unusual Importance.
With respect, I ask you to consider eliminating the urban criteria altogether, or alternatively redefine it to apply only to cities. - Extend the deadline to regulate Wetlands of Unusual Importance until 1/1/28.
The current deadline is January 1, 2025, just under four months away. This provides very little time for the DEC to thoughtfully consider public comments following the September 19 comment period deadline and make a final decision. Once your final decision is made, it will give builders/developers even less time to prepare for the effect of these new regulations on their existing projects.
Given the impact on the regulated public and the need for housing it would be preferable if the effective date of the regulations could be extended consistent with the date for regulating wetlands of 7.4 acres and up. - Projects that have received site plan or subdivision approval or have previously received a NYSDEC Fresh Water Wetland permit should be exempt from the new regulations.
It takes several years for builders to design, develop and build projects. Builders who have acted in good faith obtaining their plan approvals and permits should be able to proceed as approved. By only exempting for a short period of time those few projects that meet the milestones in the proposed regulations, many residential subdivisions and apartment projects will not be grandfathered. This will occur even though the project sponsor may have vested rights to continue with the project.
Moreover, there are insufficient staff at the NYSDEC regional offices to process the multitude of permit applications that will be necessary for this already existing projects. This will be in addition to any new projects that are applied for in 2025. The sweeping definition of urban areas will require most projects involving public sewer and water to obtain NYSDEC’s Freshwater Wetlands permits. While project sponsors had been able to successfully avoid all but the smallest impacts to federal wetlands, once those wetlands have a one hundred feet regulated adjacent area that is no longer possible.
The NYSDEC regulatory standards are the same stringent regulations – no changes are proposed to those standards. The new proposed regulations will have a substantial adverse effect on the construction of much needed housing—driving such housing out of so called urban areas where the infrastructure has been installed and paid for and into rural areas where public sewer, water and stormwater infrastructure is simply not available.
As you consider the comments you’ve received during this comment period, I hope 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.
