After two recent presentations, some concerns still linger about the South Basin of Chautauqua Lake.
The Chautauqua Lake Partnership held an informational meeting March 16 at the Lawson Center in Bemus Point while the New York State Department of Conservation held a video call March 7 with some county elected officials, including NYS Regional Director Julie Barret O'Neill, other DEC officers, County Executive PJ Wendel as well as members from the public.
In 2022, according to the DEC, Gov. Kathy Hochul signed into law historic revisions to New York's Freshwater Wetlands Act. New York's original Freshwater Wetlands Act was enacted in 1975 to regulate activities near larger wetlands, greater than 12.4 acres, and smaller wetlands considered to be of unusual local importance. The new wetlands law eliminates the use of the old, inaccurate wetland maps and clarifies that all wetland areas greater than 12.4 acres are subject to Article 24 regulations. Freshwater wetlands are lands and submerged lands - commonly called marshes, swamps, sloughs, bogs, and flats - that support aquatic or semi-aquatic vegetation.
JR Jacobson, a DEC officer, speaking on the video call, said that wetlands contained on old, outdated maps were regulated. But in January 2025, the DEC will begin implementing new regulatory changes. Jacobson said that in 2028, the threshold of default will change from 12.4 acres to 7.4 acres that will be subject to Article 24 rules.
"We regulate those wetlands that are greater than 12.4 acres. In the case of Chautauqua Lake, there will be portions of the lake that will be regulated. There's no doubt about that," Jacobson noted. "We're not clear exactly the full extent, but it will be sizable."
At its meeting, the CLP heard a presentation by Glenn Sullivan, certified lake manager and president of Ready Scout LLC. Sullivan was a Chautauqua Lake Partnership project manager for Solitude from 2019-2023; has 30-plus years experience in aquatic plant management; 20-plus years on the Board of the Northeast Aquatic Plant Management Society; and 15-plus years President of the New York State Aquatic Managers Association.
Sullivan also said that the threshold of default will change in 2028.
"Small wetlands of 'unusual importance' will continue to be regulated if they meet one of the criteria listed in the new legislation," he said.
As for the changes coming in 2025, Sullivan said, "The current official NYS Freshwater Wetlands Maps will no longer limit DEC regulatory jurisdiction to wetlands depicted on those maps. Instead, maps will become informational, and any wetlands that meet the applicable definition and criteria will be regulated by DEC and subject to permitting, regardless of whether they appear on the informational maps."
Sullivan also told the CLP that freshwater regulated activities include the construction of buildings, roads, septic systems, bulkheads, dikes or dams; placement of fill, excavation or grading; modification, expansion, or extensive restoration of existing structures; drainage, except for agriculture; and application of pesticides in wetlands.
Jacobson told video participants that what's not regulated is any existing development, ordinary maintenance, and the repair of the existing development or structure.
"Any existing development, ordinary repair of that development or structure is exempt from our regulations," Jacobson said.
As for docks, Jacobson noted, if there are any docks already in place, then the maintenance, and seasonal upkeep of them are exempt from regulations.
"New docks though, those will need permits," Jacobson said.
Recently, Richard McMahon of Associate Brokers and Partners in Real Estate Advantage said that a client of his was going to make a property purchase in Burtis Bay (South Basin) area, but backed out of the deal when the DEC made its announcement. Richard McMahon also is a director on the CLP board.
McMahon also commented on the DEC video call which is available on YouTube.
"We have to be very proactive on this and keep a close eye on the DEC. This presentation did nothing to raise my comfort level that the lake will stay a lake. You heard the DEC say you will need a permit to work on your property. It will start on the southern basin and go from there. Unfortunately the damage has started. A signed deal was canceled on a house purchase in Burtis Bay because of this. New listings that have come on the market in Burtis Bay because of this have not even received a phone call."
Jacobson said that he anticipates the DEC will work with municipalities to figure out general permits required for new developments or structures.
"We are going to be developing general permits to make things simple - simple," Jacobson said.
Barret O'Neill said that the DEC is still taking comments by email, and encouraged elected officials to help their concerned constituents to send in comments.
"If you have constituents that want to express a concern, a view, a perspective, a specific question, please encourage them to send in their comments," she said.
Barrett O'Neill said there will be another formal, structured public input process coming later in 2024.
"But if somebody writes us a letter or sends us an email now, we always like to hear from our constituents, and we don't want anyone to feel like that door is ever closed.
Previously, the DEC noted that comments can be submitted via email to WetlandRegulatoryComments@dec.ny.gov (subject: "ANPR Freshwater Wetlands Protection") or sent to Bureau of Ecosystem Health, Freshwater Wetlands Unit, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4756.