In a letter submitted to the Department of Environmental Conservation (DEC), Assembly Minority Leader Will Barclay (R,C-Pulaski) expressed his concerns with the recently proposed rules and regulations surrounding freshwater wetlands across New York state. The proposal would amend New York’s Freshwater Wetlands Act enacted in 1975. The new regulations are set to take effect in January 2025.

A copy of the letter is available here.

The DEC proposal has generated concerns among municipalities, property owners, developers and businesses as the new rules and regulations are set to aggressively expand the amount of land to which existing wetlands restrictions would apply. The changes to New York wetland delineation processes and the addition of 1 million acres of wetlands statewide are certain to increase difficulties for new and existing landowners. While recognizing the need for environmental protections, Leader Barclay noted, “My office regularly hears about the concerns people have regarding the DEC’s authority and involvement even in activities viewed as routine such as property maintenance or minor enhancements.”

“The plan to expand wetland protections by 1 million acres is the latest example of New York’s uncompromising regulatory overreach. These proposed restrictions have the potential to severely restrict economic opportunities and place unnecessary requirements on our families and businesses,” said Leader Barclay. “Instead of creating a plan that encourages responsible development and growth, this approach will slow down progress. While the goal of natural resource protection is commendable, the consequences of this large-scale expansion could have a devastating effect on the people who live here. By reclassifying smaller wetlands and adding layers of regulations, DEC will undermine property rights and make economic growth even more challenging than it already is.”