New freshwater wetlands regulations on the way

Changes are coming to New York State freshwater wetland regulations that are likely to affect communities across the North Fork, including Riverhead. Depending on which stage in the permitting process a project has reached, developers will need to take the new regulations into account if their site falls within the boundary of a DEC-managed wetland.

According to the fact sheet on the DEC website, wetlands that are entirely or partially within urban areas identified by the U.S. Census Bureau will be jurisdictional under the state Freshwater Wetlands Protection Program as of Jan. 1, 2025. Wetlands that are 2.48 miles from a census-identified urban area that also meet two additional criteria will now be under the jurisdiction of the DEC. In addition, the wetlands must fall within a watershed with 2% or greater impervious surface and less than 5% floodwater storage capacity. According to the proposed regulations, only wetlands meeting all three of these criteria will be state jurisdictional.

The current maps in use by the DEC will be considered informational and no longer be regulatory. This transition is expected to take place in December.

At a virtual information session earlier this month, Krista Spohr, an environmental program specialist in the NYS DEC bureau of ecosystem health, described how the new regulations may affect development. “If DEC has issued you a freshwater wetlands permit, or DEC has notified you of a complete freshwater wetlands permit application, then it doesn’t matter if it’s a minor or a major project, the new regulations won’t apply until your permit expires,” she said. Other stages in the permitting process will be subject to specific deadlines depending on the scope of the project.

A recording of the information session is available on the DEC website. Public comment on the changes will be accepted until Sept. 19.

In a written statement, the DEC stated that the new regulations are essential to safeguarding New York’s freshwater. “Protecting freshwater wetlands is critical to safeguarding water quality, preserving wildlife habitat, mitigating flooding, and promoting resilience in New York State’s communities and along its shorelines. The proposed regulations implement the substantially enhanced and modernized State freshwater wetland law to ensure the long-term health and benefits of these vital ecosystems for current and future generations. DEC appreciates the comments received thus far, and looks forward to providing additional opportunities for public comment.” 

The other major change is the regulation of vernal pools. These bodies of water fill temporarily in the spring and are critical habitat for amphibians, many of which are under threat. Reporting the presence of these bodies of water will be voluntary.

The DEC’s environmental resource mapper shows which areas of the North Fork will be affected by the new regulation.

 Visit DEC’s Freshwater Wetlands Q&A document, which can help address frequently asked questions, and submit public comments to [email protected] by Sept. 19, 2024.