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Wetlands Part 664 Comments: Call-to-Action

Summer 2024 Update:

  • The NYS DEC has confirmed their intent in writing to regulate contiguous areas larger than 12.4 acres (7.4 in 2028) of Chautauqua Lake containing submergent vegetation.
  • The precise extent of regulated wetlands in and near Chautauqua Lake will be guided by yet-to-be-finalized regulations.
  • The NYS DEC has create a, informational page specifically for Chautauqua Lake and created an FAQ regarding the wetlands regulation and it’s application to Chautauqua Lake.  They have also posted permitting information and you can sign up for updates directly from the DEC on this page.

We continue to object to the DEC’s application of wetlands regulation to the waters of our lake:

  • Promises of workarounds and simplified permits underscore the fact that wetlands regulation is inappropriate
  • Wetlands regulation will inevitably add barriers to managing the lake as a lake since rules are designed to protect vegetation and wetland animals
  • Additional permitting will be required for any areas designated as wetlands (in addition to pesticide/herbicide permitting)
  • This creates uncertainty for homeowners and businesses regarding rights and the future condition of the lake
We are asking for an exception or “carve-out” in the new rules that clearly exempts freshwater lakes or alternatively, exempts water bodies that meet a similar set of criteria as Chautauqua Lake. We need to protect actual wetlands, not create them out of the lake.
Go to the CLP webpage to learn more about this issue at  “Keep the Lake a Lake“
Use this form to create a letter to request changes that will clearly exclude the waters of Chautauqua Lake, and other NYS lakes from being regulated as wetlands.  Upon successful submission, the letter will be generated with a salutation to the DEC and signed “Respectfully <your name> “. It will be sent to the DEC with a copy sent to your email and cc to CLP.

    Dear DEC Personnel,

    I am a resident of*

    The language of the Freshwater Wetlands Regulations 6 NYCRR Part 664 should be modified to clearly EXCLUDE freshwater LAKES including Chautauqua Lake as well as other similarly situated lakes in NYS.

    Promises made about exceptions and simplified permitting are clear evidence that wetlands regulations are inappropriate for lakes. We implore the DEC to focus on wetlands regulation of watershed uplands that will actually provide true wetlands benefits.

    Respectfully,

    (Your Name will automatically be inserted here)

    Please prove you are human by selecting the plane.

    Please include a personal message about specific concerns regarding how wetland regulation of the lake would potentially impact you  or your community. Some considerations:

    • The lake is a lake not a swamp, and should not be regulated as such
    • Wetlands regulations are incompatible with lake management best practices
    • Added cost, complexity and uncertainty due to regulations and new permitting requirements
    • Introduces difficult barriers for herbicide and mechanical harvesting with no guarantee we could continue to adequately address invasive weeds
    • Overall negative economic impact on Chautauqua count
    • Property/real estate value depreciation (wetland value vs lake)
    • Increased tax rates on non-lakefront
    • Fewer visitors, tourism and sales tax revenue
    • Less business revenue
    • Impact on enjoyment of the lake without invasive weed management
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