Wetland Protection Summary: New York

Name of State Statute: Article 24, Freshwater Wetlands Act, of New York State Environmental Conservation Law

Wetlands in New York are regulated by the New York State Department of Environmental Conservation (DEC) under the authority granted by section 401 of the Clean Water Act (CWA) and the state Freshwater Wetlands Act. Local governments may assume the permitting authority under the Freshwater Wetlands Act and may regulate wetlands under local ordinances.

Wetland definition and delineation:
"Freshwater wetlands" means lands and waters of the state as shown on the freshwater wetlands map which contain any or all of the following: (a) lands and submerged lands commonly called marshes, swamps, sloughs, bogs, and flats supporting aquatic or semi-aquatic vegetation; (b) lands and submerged lands containing remnants of any vegetation that is not aquatic or semi-aquatic that has died because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of six feet and provided further that such conditions can be expected to persist indefinitely, barring human intervention; (c) lands and waters substantially enclosed by aquatic or semi-aquatic vegetation or by dead vegetation, the regulation of which is necessary to protect and preserve the aquatic and semi-aquatic vegetation; and (d) the waters overlying the areas set forth in (a) and (b) and the lands underlying (c). Wetlands are delineated by the DEC mapping and classifying wetlands according to state regulations. DEC provides a manual to assist in performing field delineation of freshwater wetlands. It is similar to the 1987 Corps Wetlands Delineation Manual used by the federal agencies in regulating wetlands.

Wetlands regulated:
New York law protects wetlands that are larger than 12.4 acres (5 hectares) and certain smaller wetlands of unusual local importance as well as a 100-foot buffer around wetlands. In Adirondack Park wetlands larger than one acre and smaller wetlands if they have a free interchange of flow with any surface water are regulated.

SWANCC Fix:
There is no current fix to the SWANCC decision in New York. A bill is pending in the New York legislature that would extend protection to those wetlands that are one acre or more in size, adjacent to a water body or of significant local importance.

Contacts:
Source of information: U.S. Army Corps of Engineers, Buffalo District (http://www.lrb.usace.army.mil/orgs/reg/index.htm)

Type of information: Public notices of 404 individual permits

To get added to the list: For hard copy, send request to Tom Switala, USACE, Buffalo District, 1776 Niagara St., Buffalo, NY 14207-3199. For e-mail, send request to Susan.M.Polito@usace.army.mil. Specify state.

Source of information: Department of Environmental Conservation

Type of information: Environmental Notice Bulletin (http://www.decstate.ny.us/website/enb/)

To get added to the list: Send request to enb@gw.dec.state.ny.us

Source of information: Environmental Advocates of New York

Type of information: Action Alerts

To get added to the list: http://www.eany.org/join/index.html

Exemptions:

http://www.dec.state.ny.us/website/dfwmr/habitat/fwwprog4.htm#Regulations;
http://assembly.state.ny.us/leg/?cl=37&a=110