Wetlands Protections
The health of our wetlands, the health of our citizens, and the value of our lakefront properties can all be protected.
Among many issues and concerns about Chautauqua Lake’s current and future health and sustainability, a primary local focus is concern about the NYS Department of Conservation’s (NYSDEC) plans for formulating and implementing the new Freshwater Wetlands Act beginning in 2025 and continuing in 2028.Â
Property owners around Chautauqua Lake are legitimately concerned that the DEC’s coming regulations and new permitting requirements will prevent full usage and enjoyment of Chautauqua Lake and negatively impact their property use and value.
To address those concerns, I will propose an amendment to the Freshwater Wetlands Act that clearly states activities that are exempt from the wetlands permitting requirements. The amendment will remove ambiguity about the DEC's ability to restrict property owners' freedom to enjoy their lakefront properties by putting into law current exemptions for existing and permitted uses.
Basically, our proposal will put into law the exemptions already laid out in the NYSDEC regulatory guidelines but are not spelled out in the Freshwater Wetlands Act. This would address residents’ legitimate concerns that the NYSDEC regulations could be changed to further restrict residents’ usage and impact property values.
Our proposal will be in addition to—and a response to—a recent Senate Bill sponsored by New York Senator George Borello. Senator Borello’s proposal was not acted on before the Legislature adjourned last week.
Our legislation, if enacted, will remove the fear of regulatory overreach while ensuring protections for all the inland freshwater lakes in our Assembly District, including Bear, Cassadaga, and Findley Lakes, in addition to Chautauqua Lake. Further, it will extend these protections statewide.
As stewards of our waterways, we should seek to strike a balance. We should recognize the significance of wetlands to sustaining the overall health and beauty of our fresh waters and the rich flora and fauna of those waters. At the same time, we should seek to ensure that property owners and municipalities have certainty about exemptions for their existing structures and uses in our all-important wetlands.