You may have seen signs around Chautauqua Lake that say “KEEP THE LAKE A LAKE! — Object to WETLAND regulation for Chautauqua Lake.” These signs are about the upcoming wetland regulation changes in New York State, effective January 2025 and 2028. While regulations affecting property use can be concerning, the New York State Department of Environmental Conservation (NYSDEC) has indicated that these new changes will likely have minimal impact on property owners around Chautauqua Lake, including Chautauqua Institution. 

In October 2022, Chautauqua Institution’s Vice President of Campus Planning and Operations John Shedd and Director of NYSDEC Region 9 Julie Barrett O’Neill confirmed the new regulations would likely have little to no impact on the Institution or most areas around the lake. This was reiterated in a February 2024 NYSDEC webinar and a March 2024 meeting with local officials. County Executive PJ Wendel also stated that residents shouldn’t worry about the new regulations. 

What is a Wetland? 

Wetlands are areas where certain plants, including willows, cattails and water lilies, thrive in wet soils. Wetlands must be at least 12.4 acres (reducing to 7.4 acres in 2028) or be of unusual importance to be protected. There is also a 100-foot regulated area around wetlands. New maps are being created by Cornell University to identify wetlands, but onsite verification will be needed. 

Current Regulated Activities 

The following activities in or near wetlands require a permit: 

• Applying pesticides 
• Constructing buildings, roads, and septic systems 
• Placing fill, excavating, and grading 
• Modifying or expanding structures 
• Performing drainage work (excluding agriculture) 

Exempt Activities 

The following activities do not require a permit: 

• Normal agricultural practices 
• Recreational activities (boating, fishing, hiking) 
• Routine maintenance of existing structures 
• Selective cutting of trees 

New Wetland Designations 

Starting January 2025, new areas will be added to wetland designations, including: 

• Areas with significant flooding 
• Urban wetland areas 
• Habitats for rare or endangered species 

In 2028, the minimum size for wetland protection will decrease from 12.4 acres to 7.4 acres. 

Property Value Impact 

Wetland designations can affect property values positively or negatively, depending on perceptions. If seen as a sign of environmental health, property values may stay stable or increase. Conversely, if viewed as restrictive, values may decrease. 

Next Steps 

The final regulations are expected to be adopted by October or November 2024 and will take effect on January 1, 2025, with further changes by 2028. 

For more information, contact R9BEH@DEC.NY.GOV.   To submit comments, email wetlandregulatorycomments@DEC.NY.GOV .