Environment DEC
From the May 2005 issue
Governor Pataki Proposes Additional Wetlands Protections
This legislation will ensure that smaller, isolated wetlands are properly protected
Governor George E. Pataki announced that he has submitted legislation to strengthen protections for freshwater wetlands, ensuring that activities in these environmentally sensitive areas are subject to appropriate state or local oversight. Under the legislation, wetlands of less than 12.4 acres that are no longer subject to federal protections would be regulated by the state Department of Environmental Conservation (DEC) or the local jurisdiction. In addition, permits would be required for activities in these wetlands, and civil penalties for filling in or damaging wetlands would be increased to promote better compliance with state and federal law.
"We have made significant progress in protecting our state's valuable land and water resources, and we must continue to be vigilant in efforts to safeguard important drinking water supplies and support critical habitats," Governor Pataki said. "This legislation will ensure that smaller, isolated wetlands are properly protected under state law, and that they remain valuable environmental assets for local communities."
Freshwater Wetlands Act
Under the state's Freshwater Wetlands Act of 1975, approximately 80 percent of the wetlands resources in New York State, outside of the Adirondack Park, are protected. Activities in wetlands of 12.4 acres or larger are regulated to prevent potentially negative impacts.
Proposed Changes
The Governor's bill would amend the Freshwater Wetlands Act to cover wetlands smaller than 12.4 acres if they are isolated from navigable waters of the United States. DEC currently has the authority to regulate wetlands smaller than 12.4 acres only if they are deemed to be of unusual local significance or are located within the Adirondack Park.
Among the activities subject to DEC review and approval would be filling or grading; drilling of wells; construction of buildings or commercial facilities; application of pesticides; clear cutting of trees or other vegetation; draining, dredging or excavation, or other activities that alter water levels, and subdivision of a parcel of land containing freshwater wetlands.
Fees and Penalties
The application fees for freshwater wetlands permits would be $50 for minor projects; $100 for major projects associated with a single-family dwelling or multiple-family dwelling, and $200 for a permit for all other major projects. Application fees for tidal wetlands permits would be $200 for minor projects and $900 for major projects. All fees collected would be used to create new positions and fund other costs associated with DEC's administration of the program.
The civil penalty for violating the Freshwater Wetlands Act would increase to up to $10,000 per violation. The current civil penalty is a fine of up to $3,000 per violation.
Wetlands
Common wetlands include marshes, swamps, bogs, wet meadows, sloughs, vernal pools and riparian areas. Wetlands provide floor and stormwater control, surface and groundwater protection, erosion control, pollution treatment and nutrient cycling and habitats for fish and wildlife.
