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NYSEIA Comments Regarding Potential Revisions to Freshwater Wetlands Regulations 6 NYCRR Part 664

February 16, 2024

On February 16, 2024, NYSEIA submitted comments to the Department of Environmental Conservation regarding how the agency will use the expanded jurisdiction the agency was granted in New York’s 2022-2023 budget, which amended the Freshwater Wetlands Act, Article 24 of the Environmental Conservation Law (ECL).

The ECL amendments expand the DEC’s potential jurisdiction by:

  1. allowing the DEC to regulate unmapped wetlands starting on January 1, 2025;

  2. allowing the DEC to regulate smaller wetlands if they are of “unusual importance” starting on January 1, 2025; and

  3. reducing the size threshold for a regulated wetland from 12.4 acres today to 7.4 acres in 2028.

NYSEIA's comments voice support for the DEC’s mission, which is to “conserve, improve and protect New York's natural resources and environment and to prevent, abate and control water, land and air pollution, in order to enhance the health, safety and welfare of the people of the state and their overall economic and social well-being.” NYSEIA's comments note that the DEC’s implementation of expanded freshwater wetlands protection in New York State could have significant impacts on New York’s clean energy deployment and progress toward our CLCPA goals, and advocate for the DEC to develop rules and implement its expanded jurisdictional authority in a manner that is clear, predictable and that minimizes harm to solar deployment.

Click "READ MORE" to view NYSEIA's full comments.

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