CATTARAUGUS COUNTY, N.Y. — A new year means new state Department of Environmental Conservation regulations on landowners both rural and those along waterways, like Chautauqua Lake.

What You Need To Know

  • New DEC freshwater wetland regulations have been rolled out

  • Landowners in rural areas and along waterways are unhappy and want the state to roll them back

  • The DEC is hosting an information session mid-month.

Dan Steward from Chautauqua County's Agriculture and Farmland Protection Board is among those who was hoping to stop those regulations from taking effect after writing a letter to state leaders.

“It’s a concerning day, I would say. These new regulations are basically adding new infringements on people’s property rights," said Steward.

The DEC has finalized its regulations and defines freshwater wetlands as lands and submerged lands, like marshes, swamps and bogs that support aquatic or semi-aquatic vegetation, critical to the health of the state's natural environment. 

New York’s Freshwater Wetlands Act, first enacted in 1975, was modernized as part of the 2022-23 state budget, yet Steward calls it an overreach and says he's against restricting landowners from having to ask for a permit for a project and then waiting 90 days for an answer.

“The more concerning thing is, any land could be designated as wetlands. The way we've always looked at it is, as long as what you’re doing on your own land isn’t impacting other people, that it’s OK, as long as it’s not causing harm," said Steward.

“We should absolutely pump the brakes on this until we have a better, clearer understanding, so that everyone who has had concerns is satisfied," said Sen. George Borrello.

Borrello says he too is concerned and disagrees with DEC's timeline as well as scope of the new regulations.

“They’re claiming it’s not going to have a negative impact on property values and there aren’t going to be any draconian changes and for the moment we will take DEC at their word," said Borrello.

Despite that, Borrello has drafted new legislation exempting navigable waterways of more than 150 acres from being treated as a wetland, including Chautauqua Lake, the Finger Lakes and Lake George.

He's also calling for an end to what he calls gaslighting and fearmongering over the issue, and he, like Steward, hopes the state takes into account their concerns, at a time when Steward says there are already too many DEC regulations as it is. 

“It would be awesome if someone could challenge these regulations. So now to put these new regulations out that are basically going to encompass all the land in New York State to me appears to be foolhardy," said Steward.

Spectrum News 1 has reached out to the state DEC numerous times for comment on this story, and while the department thanked us for our initial inquiry, we have yet to hear back again.

In a press release sent Tuesday, the DEC said it plans to host a webinar on Jan. 15 at 2 p.m. to provide information and answer questions about the updated Freshwater Wetlands program regulations.