NYSDEC Makes Widespread Changes to Wetland Regulations

January 1, 2025 marked an important day for New York State wetlands. The New York State Department of Environmental Conservation’s (NYSDEC’s) long awaited amendment to 6 NYCRR Part 664 went into effect last Wednesday, effectively rewriting how the State defines a wetland, as well as what activities are permitted in the vicinity of wetlands.

Wetlands Redefined

The definition of what a freshwater wetland is, where one begins and ends, and the protections provided to the lands around it are all included in NYSDEC’s Part 664 regulations. These regulations have been rewritten to better protect the future of New York State wetlands. Some highlights from these changes include:

• Modernized Techniques: The new State wetland classification system will primarily be conducted remotely, utilizing GIS and other spatial software to rapidly classify and categorize wetland habitat. The old system used 42 characteristics that needed to be observed in person; the new system uses a simplified list of 34 characteristics that are assessed remotely.
• Protections for Smaller Wetlands of Unusual Importance: Wetlands smaller than 12.4 acres (7.4 acres by 2028) will be regulated if they meet specific criteria, such as mitigating flood risks or supporting habitats for endangered species. This ensures that even smaller—yet vital—ecosystems receive appropriate protection, such as the critically important vernal pool ecosystems.
• Expansion of State Wetlands: The combination of a modernized categorizing technique and increased protections for “wetlands of unique importance” will lead to a large increase in the total wetland acreage of NY State. The total area of NY freshwater wetlands is projected to double by 2028 under these new regulations.

Other changes to Part 664 include a streamlined review process for wetland determination review (90 day deadline) and transitional leniency for ongoing projects impacted by the new wetland boundaries/protections, among others.

What Does This Mean for You?

These updates address challenges posed by climate change, such as flooding, while preserving biodiversity and water quality. By doubling the acreage of regulated wetlands by 2028, the DEC is safeguarding New York’s natural defenses against extreme weather events, which can be extremely damaging (for example, as we saw in 2012 with Hurricane Sandy).

One of the challenges resulting from the regulatory update will be an increased exposure of land owners in NY State to wetland regulations, along with the need to abide by those regulations. There is a chance that your facility/property could be impacted by the increase in regulated freshwater wetlands in NY, especially if you already have standing permits to operate in the vicinity of a regulated wetland.

How Can Walden Help?

Navigating regulatory changes can be complex, but Walden’s team is here to guide you. Whether you need assistance with jurisdictional determinations or advice on development compliance, we have the expertise to simplify the process. Contact us today at 516-980-5508 to learn how we can support your wetlands projects and ensure compliance with these new regulations.

If you are based in New York City, be sure you are aware of the Department of Environmental Protection’s recent wetland-related regulatory update as well!