The New York State Department of Environmental Conservation (NYSDEC) recently issued the new Wetlands Regulations. New Informational Wetlands delineation maps were also created showing areas in blue that will require a “Jurisdictional Determination” from the NYSDEC if a project is proposed within the blue areas or within 100 feet of those areas. These maps do not currently reflect potential in-lake wetland delineations. NYSDEC is working on those delineations and will update the map as they finalize them. 

The new maps indicate some newly designated wetland areas within Chautauqua Institution areas including around the marsh between the Woodlands and Turner Community Center, and a small spot in front (southwest) of Turner Community Center. There is also a new informational delineation shown around the new Maintenance Building, an area behind Smith House, the location adjacent to the water towers on the golf course, and in the golf course across from Canterbury Drive along Route 394. These areas are known to be wet/moist areas and though they would have always been suspected to be wetlands, they are now designated to require a Jurisdictional Determination by NYSDEC if any projects occur within those zones. Refer to the map in the link above.  

On Jan. 15, 2025, John Shedd attended a NYSDEC webinar titled “Navigating Change: Insights into Wetlands” to address questions and provide updates. The webinar was led by DEC specialists and over 2,000 attended by Webex.  

The following highlights were noted during the presentation. The delineation maps are NOT regulatory. They only indicate the need to obtain a Jurisdictional Determination from NYSDEC to decide if a project is proposed within the blue areas or within 100 feet of those blue areas is actually within a wetland. The NYSDEC will perform on-site visits to make their determinations and may take up to 90 days from the date of application. An appeal process will be available. 

To determine if you need a NYSDEC permit, please refer to NYSDEC’s Freshwater Wetlands Programs page.

• Proposed projects within those blue designated areas are allowed if they are “in-kind” replacements of building components, but if any changes are made to the footprint or size, they must go through the NYSDEC Jurisdictional Determination process. 
• Delineation of a wetland is determined by actual conditions on the ground by NYSDEC trained personnel, not by maps only. 
• It is up to the property owner to determine if outreach to the NYSDEC is required. 
• Docks that have been in place within a delineated wetland prior to January 2025 may be put in and taken out without a Jurisdictional Determination or permit. However, if the dock is expanded, it will require a Jurisdictional Determination and may require a permit. 
• The NYSDEC has hired five additional staff members and is using remote data and general permits to help with the additional workload responsibilities of administering these new regulations. Local municipalities/code enforcement officers will direct applicants to apply for a Jurisdictional Determination and direct the applicant to the NYSDEC Region 9 office (Buffalo) for our area. Additional outreach and education will be provided to local code enforcement officers and municipalities. 
• Application of herbicides does not always require a wetlands permit, but that determination will be made in the field during the Jurisdictional Determination process. Applications for permission to apply all herbicides within water bodies must already go through the NYSDEC for approval prior to applying the herbicides. 
• Just because a project may be within the Regulated Wetland does not mean that it cannot be done. Approval depends upon the scope and activity requested within the wetland at the time of application and review. 

For more information, refer to the NYSDEC website noted above or send your questions to FWWJurisdiction@DEC.NY.gov.  

Building projects within the campus of Chautauqua Institution must still be reviewed by the Administrator of Architectural & Land Use Regulations prior to starting most projects. For more information, refer to the Architectural & Land Use Regulations.