Wetlands Update
WETLANDS UPDATE:
Anyone buying or selling property that contains wetlands, particularly if they hope to develop the land, needs to know that they may need to obtain freshwater wetlands permits before beginning work. DEC made updates to the way wetlands are regulated on January 1, 2025. All wetlands 12.4 acres or larger are now regulated, as are smaller wetlands of "unusual importance" if they meet one of 11 newly established criteria listed in the new legislation. One of these criteria is location in an urban area. For more details please see the Freshwater Wetland Program.
A freshwater wetland Jurisdictional Determination (JD) is a formal assessment conducted by DEC to determine if an area is a regulated freshwater wetland and is an integral step in determining if an activity will require a permit. After a request for a jurisdictional determination is made, DEC has 90 days to provide a JD letter which is effective for 5 years after the date of issuance. More information, including instructions on how to request a jurisdictional determination, is available on the Freshwater Wetland Jurisdictional Determination webpage.
If there is a wetland, or wetland adjacent area, on the parcel, a permit is required for any activity that could adversely affect the wetland. This includes, but is not limited to:
- construction of buildings, roadways, septic systems, bulkheads, dikes, or dams;
- placement of fill, excavation, or grading;
- modification, expansion, or extensive restoration of existing structures;
- drainage, except for agriculture; and
- application of pesticides in wetlands.
More information about freshwater wetland permits and other information, here is the link: