New regs could squeeze development
ALBANY — The state Department of Environmental Conservation will close public comments on Thursday, Sept. 19, as it continues efforts to expand its regulation of wetlands to an additional one million acres of currently unprotected wetland habitat.
The proposed rule, set to take effect in January 2025, clarifies the jurisdictional status of smaller wetlands of “unusual importance” that meet specific criteria under the newly amended act. Additionally, the draft regulations provide a revised wetlands classification system and outline a process for the public to request and appeal jurisdictional determinations.
Advocates quickly expressed support, suggesting ways their local town boards could further conservation efforts. Opponents, however, argue that the proposal could hinder development and exacerbate rising real estate prices.
The new rules will approximately double the acreage of state-regulated wetlands in New York by 2028, as the minimum area for state jurisdiction will be reduced from 12.4 acres to 7.4 acres.