NYC DEP Revises Wetlands Definition Rule

On December 6, 2024, the New York City Department of Environmental Protection (NYC DEP) published an Opportunity to Comment on a proposed rule change to the Rules and Regulations for the Protection from Contamination, Degradation and Pollution of the New York City Water Supply and its Sources, Rules and Regulations Part 128 (10 NYCRR 128). The rule change will come into effect after the Opportunity to Comment has concluded on Monday, January 6, 2025.

What Changes Are up for Public Comment?

The proposed change comes as a result of the New York State Department of Environmental Conservation’s (NYSDEC) amendment to 6 NYCRR Part 664. This amendment became effective on January 1, 2025 and includes the altering of the DEC’s wetland delineation process.

To digest what this means:

• The definition of a “wetland” in NYC will be altered to ensure that all wetland areas managed by the NYC DEP remain under their jurisdiction.
• This will ensure that the NYC DEP still has control over the historic wetlands they manage in the five boroughs.
• This will avoid any regulatory gaps that could occur from the redefining of New York State wetlands.

The Future of NY Wetlands

The changes to Part 664 will effectively double the acreage of protected wetlands throughout the state by 2028 by replacing the existing system of identifying and delineating wetlands.

This will be accomplished by:

• Adding extra protections for wetlands of “unusual importance,” such as nutritionally deprived wetlands and vernal pools.
• Increasing the “adjacent area” surrounding certain wetlands that are of “unusual importance.”
• Installing a new methodology for delineating wetlands which will rely more on remote sensing, GIS, and aerial photography rather than previous methods such as collecting large sets of data in the field or using historic wetland maps.

If this is something of interest to you, a more detailed breakdown of the Part 664 regulation changes was also published by Walden, as a follow up to this blog post.

What Does This Mean for You?

Any landowner in New York State that operates with a current wetlands permit will be allowed to continue operations as listed in that permit, even if the wetland area around your facility changes. If you want to change your operations or renew your permit, then the new wetland areas/regulations will come into effect.

How Can Walden Help?

Walden’s team of professionals have decades of experience working with regulatory agencies in New York State designing resilient engineering solutions in and around sensitive wetland areas. If you would like to discuss how this regulatory update will impact your business or property, our team can help you navigate the changes to come. Contact us today at 516-980-5508.