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DEC Wetlands Protection Rules

DEC Wetlands Protection Rules

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The 2022 New York State budget included a law that expanded the mapped wetland area from 1.2 million to 2.2 million acres. This change lowers the threshold for what qualifies as a wetland as well as other significant changes. These new regulations will severely impact the home building industry. Here are some examples of the devastating impact of the Wetlands Act

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NYSBA has submitted its comments to the New York State Department of Environmental Conservation (DEC) regarding the proposed regulations. Click below to read the full commentary:

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NYSBA commissioned the Wetlands Impact Map Study, which was conducted by Davey Resource Group. The study has proven to be a valuable resource in NYSBA’s discussions with state legislators and coalition partners as we work to draft legislation addressing the overreach and negative impacts of the new wetlands law—particularly its implications for future development and the availability of urgently needed housing.

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A presentation of the study was featured during NYSBA’s March 18 Legislative Reception and can be accessed at the link below:​

NYSBA DEC Wetlands Map Impact Presentation

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To learn more about New York’s Freshwater Wetland Regulatory Changes, click the links below to access the PowerPoint slides created by Terresa Bakner, Esq., Partner at Whiteman, Osterman & Hanna LLP, as well as a recording of the webinar where she presents and discusses the material.

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