It is important for you to write a personal message to the Governor clearly stating your URGENT objection to implementation of wetlands regulation to inland lakes, such as Chautauqua Lake.
Implementation for inland lakes must be stopped before January 1, 2025.
You may use the following example points for ideas about what to include in your message.
- Regulating lake waters such as Chautauqua Lake (as wetlands) will result in multitudes of negative consequences with little to no environmental benefit.
- Wetlands regulation was never intended to apply to lakes, as evidenced by the fact that the definition has never been interpreted this way since its inception in 1975.
- Wetlands regulations are designed to protect lands upstream from the receiving waterbody and do not even make sense when applied to the waterbody itself. For example, prohibiting control of submerged aquatic vegetation promotes eutrophication and would actually increase rather than decrease the likelihood of flooding by making the receiving waterbody effectively smaller over time. Additionally, the classification level would be Class I since it would be contiguous to itself as a class A waterbody. There are many more examples throughout the regulations where the points are illogical when applied to lakes.
- Wetlands permitting for in-lake management and for shoreline activity is largely redundant with existing/overlapping DEC permit requirements and local zoning and permitting.
- The DEC is not prepared nor is it staffed to deal with the multitude of new issues related to applying wetlands regulation to lakes. They will be overwhelmed and lawsuits will be inevitable.
- Per the new interpretation, all areas of lakes with submerged aquatic vegetation will now be regulated as wetlands. By this definition, all areas of lakes where any types of measures have been taken to manage aquatic weeds will now be regulated wetlands. For example, the shoreline of Chautauqua Institution receives harvesting services, therefore using this standard it would qualify as wetlands and be regulated, including the 100′ check zone on the adjacent shoreline.
- Over 7000 inland lakes comprise 5 million acres of New York’s total 31 million acres. Regulating even a small fraction equates to enormous areas of newly regulated “wetlands” which will contribute little to no traditionally accepted wetlands benefits. Lakes should therefore not be included in the 1M acre goal for new wetlands to be protected via the 2022 wetlands law amendment.
- The Governor owns a beautiful lake house and should be able to fully relate to this issue. Fortunately for her, the lake is in Virginia and not subject to NYSDEC regulations.
