Urge NYSDEC to finalize strong regulations protecting freshwater wetlands and vernal pools

Wetlands are critical environmental and economic resources, however, they continuously fall victim to unchecked development, pollution, degradation, and climate change impacts. Wetlands are also at risk due to shifting federal protections. Most recently, in May 2023, the U.S. Supreme Court drastically narrowed the scope of wetlands protected under the Clean Water Act in the case of Sackett v. EPA. It is now more important than ever to strengthen New York’s regulations to protect the state’s freshwater wetlands for future generations.

New York’s Freshwater Wetlands Act was enacted in 1975 to regulate activities near larger wetlands, greater than 12.4 acres, and smaller wetlands considered to be of unusual local importance. In April 2022, the New York State Legislature enacted amendments to the Freshwater Wetlands Act to increase the protectiveness of the State’s wetlands rules. Starting in January 2025, the amended Act expands the scope of regulated smaller wetlands of “unusual importance” and decreases the default threshold for regulated wetlands from 12.4 acres to 7.4 acres beginning on January 1, 2028.

Wetlands play a crucial role in safeguarding water quality, providing essential habitats, mitigating flooding, and enhancing the resilience of New York’s communities against climate change. Riverkeeper fervently values the vital functions and benefits of wetlands, and has been a leading advocate in amending the Freshwater Wetlands Act to expand protections for New York’s endangered freshwater wetlands. Riverkeeper remains committed to securing further protections for these threatened wetlands through state and federal legislation and regulations.

On July 10, NYSDEC released proposed draft regulations to implement the 2022 amendments to the Freshwater Wetlands Act. The proposed draft regulations allow the State to protect over 1,000,000 acres of critically important freshwater wetlands that are not currently regulated by NYSDEC. The regulations also provide new protections for vernal pools. Vernal pools are fragile wetland ecosystems that provide breeding grounds for amphibians and invertebrates, including rare species, and New York State must do more to protect them as climate change accelerates the biodiversity crisis.

In the face of increased development pressure and climate change, NYSDEC’s regulations must be clear and comprehensive to effectively achieve the goals of the Freshwater Wetlands Act and adequately protect wetlands for current and future generations of humans and wildlife. Please send a message to NYSDEC urging the Department to finalize strong regulations to protect our vulnerable and unique wetlands communities and vernal pools.

Public comment period ends September 19, 2024.

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Roy Jacobson, Jr., NYS DEC

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NYSDEC's proposed draft freshwater wetland regulations provide state and municipal regulators with essential tools to protect freshwater wetlands of all sizes and vernal pools to support natural flood control, protect wildlife habitat and ensure safe drinking water. The regulations recognize the vital role of freshwater wetlands as critical environmental and economic resources, and provide much-needed additional protections to areas adjacent to wetlands and vernal pools.

I strongly support NYSDEC's authority to regulate an extended adjacent area for nutrient poor wetlands and vernal pools. Regulating extended adjacent areas for nutrient-poor wetlands and vernal pools is critical to protect and preserve these unique and sensitive ecosystems. The extension of the regulated adjacent area for vernal pools to 800 feet is especially necessary to protect the long-term viability of amphibians breeding in these vernal pools. For many amphibian species, vernal pools are the only source of vital reproductive habitat. New York State must do more to protect these ecosystems as climate change and land development accelerate the destruction of such habitats. NYSDEC's final regulations must include the proposed regulated 800 foot buffer area for vernal pools to protect the rare amphibians that rely on these areas. NYSDEC must also consider adopting additional protections for vernal pools to prevent the destruction of amphibian egg masses and to protect vernal pools on private property.

Overall, the updated freshwater wetlands regulations will foster a higher level of protection for our invaluable freshwater wetlands and vernal pools. These ecosystems are crucial for protecting communities from some of the worst impacts of climate change, while also providing necessary ecosystem services and habitat for rare wildlife and plant species statewide. In the face of increased development pressure and climate change, I urge NYSDEC to finalize strong and comprehensive regulations that protect our vulnerable and unique wetland ecosystems and vernal pools.

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