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Keep the Lake a Lake NOT a WetlandsChautauqua Lake Wetlands Regulation Risk

CLP “Keep the Lake a Lake” Campaign Status Report 

Update Sept 20, 2024

1.  The public comment period closed on Sept 19, 2024 for public input in the NYS DEC’s rule-making process.

2. Letter writing and petition focus will continue to target the NYS Senate and Assembly Environmental Committees to support bills to exclude freshwater lakes from wetlands regulation.

  • Support Letter for Bill S9799 / A10653 to exempt lake waters from wetlands regulation
  • Change.Org Petition  “Keep the Lake a Lake”
      • Sept count: 2,496 Signatures  

3.  The DEC has initiated a process to gather inputs from 20 stakeholder groups to develop a “general permit” for Chautauqua Lake.  An additional public comment period for this is expected prior to year-end. Chautauqua Lake Partnership GP Invitation

  • The DEC again reiterated their intent in writing “…starting January 1, 2025, additional areas of Chautauqua Lake will be regulated under the Freshwater Wetlands Act (Article 24 of NY Environmental Conservation Law).”
  • Their stated goal is to balance the interests of various lake users with the environmental stewardship goals mandated by the Freshwater Wetlands Act.
  • Although we do not agree with wetlands regulation of lake waters, the CLP will participate in this process while awaiting the finalization of Part 664 rule-making and activation of the regulation January 1.
  • All municipalities included in this invitation should plan to be represented to ensure the general permit scope and provisions ensure actions necessary to maintain our lake and for homeowners to maintain their properties are not curtailed by the onerous and expensive wetlands permitting process.
  •  Examples of whole-lake /municipal / HOA maintenance activities
    • Aquatic herbicide applications to address invasive species or to control excess native or invasive weeds in commercial or municipal areas
    • Aquatic weed harvesting to control native species (and invasive)
    • Dredging to remove sediments that impede navigation or that contain excess nutrients or pollutants
    • Runoff and drainage controls to reduce nutrient inputs
    • Nutrient inactivation treatments (pending NYS rules)
  • Examples of Homeowner activities
    • Maintenance of homes and existing accessory covered structures including replacement in-kind in the event of fire, flood, or other loss event.
    • Relocation or improvement of existing non-covered home accessory structures such as docks, lifts, permeable decks, fire pits, outdoor kitchens, planters, mooring buoys, rafts, and so forth.
    • Routine lawn and garden maintenance including cutting of vegetation and use of over-the-counter pesticides.
    • Shoreline maintenance activities such as removal of floating weeds, weeds collected from the shoreline,  cutting and removal of weeds near docks, lifts, or swimming areas, and maintenance of shoreline barriers above the waterline.