The New York State Department of Environmental Conservation (NYSDEC) has released five new draft general permits and two updated general permits for activities in state-regulated freshwater wetlands, wetland adjacent areas, protected waterbodies, and navigable waters. These permits aim to streamline the regulatory process following recently updated wetlands regulations that took effect on January 1, 2025. The NYSDEC is accepting public comments on the following proposed general permits until March 14, 2025:
Community-Scale Solar Energy Installations General Permit (GP-0-25-004)
Electric Utility Right of Way Maintenance and Repair General Permit (GP-0-25-005)
Housing Development Freshwater Wetlands General Permit (GP-0-25-006)
Lake Shorelines Freshwater Wetlands General Permit (GP-0-25-007)
Natural Gas Utility Right of Way Maintenance General Permit (GP-0-25-009)
Modification of Management of Invasive Species General Permit (GP-0-25-008)
Modification of Stream Crossings for Timber Harvesting General Permits (GP-0-23-004 and GP-0-23-005)
Who Benefits and Who May Be Impacted?
These proposed general permits offer a more structured approach for industries and individuals engaging in activities that impact wetlands.
Renewable energy developers could benefit from the Community-Scale Solar Energy Installations Permit, which provides clear guidelines for site preparation, vegetation clearing, and wetland mitigation.
Utility companies maintaining electric and natural gas infrastructure may see more efficiency in securing approvals for routine maintenance and upgrades under the proposed right-of-way maintenance permits.
Developers and property owners pursuing housing projects will need to carefully assess the Housing Development General Permit, which authorizes construction activities but imposes mitigation requirements for unavoidable wetland impacts.
Environmental advocates and conservationists may be concerned about potential increased disturbances to wetland ecosystems, particularly regarding smaller but ecologically significant wetlands now classified under the updated regulations.
How an Environmental Attorney Can Help
Navigating wetlands regulations can be complex, and while these general permits are designed to streamline approvals, they also introduce new compliance requirements. An environmental attorney can help by:
Assessing project impacts and determining whether a proposed activity qualifies under a general permit or requires an individual permit.
Preparing and submitting permit applications to ensure compliance with NYSDEC regulations and mitigation requirements.
Advising on wetland jurisdictional determinations, including whether a project falls under NYSDEC oversight.
Representing stakeholders in the public comment process, ensuring that concerns are effectively communicated to regulators.
Appealing jurisdictional determinations or permit decisions if a project is improperly classified or denied approval.
Take Action Before the Deadline
If your project involves wetlands or protected waterbodies, now is the time to review these proposed regulations and evaluate their potential impact. The public comment period, which ends on March 14, 2025, offers an opportunity to voice support, raise concerns, or seek clarifications. For guidance on how these proposed changes may affect your business or property, or to submit comments to the NYSDEC, contact an experienced environmental attorney today. Our team can help you navigate the regulatory process, ensure compliance, and advocate for your interests.
If you have questions about freshwater wetland regulation or any environmental, zoning, or land use matter, please contact Jacob H. Zoghlin at 585-258-2834 or jzoghlin@underbergkessler.com or Mindy L. Zoghlin at 585-258-2871 or mzoghlin@underbergkessler.com at Underberg & Kessler LLP.
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