CLP “Keep the Lake a Lake” Campaign Status Report
Update October 13, 2024
DEC Activity
The public comment period closed on Sept 19, 2024 for public input in the NYS DEC’s rule-making process.
- Thank you to all that wrote a total of 134 Letters to comment on Part 664 revised published in July 2024. The initial email campaign directed to DEC leadership prior to July closed with a final tally of 263 letters from local residents objecting to wetlands regulation for the lake.
- The CLP engaged an environmental law firm from Albany to assist with submission of a Letter to DEC Div. of Fish & Wildlife re CLP’s Comments to Proposed Amendments – Part 664_09-19-2024.
- Sen. George Borrello, R-Sunset Bay, and Assemblyman Andy Goodell, R-Jamestown sent a joint letter in June. DEC response indicated no progress and further correspondence confirmed.
- A detailed analysis of the proposed wetland regulations prepared and submitted by Andrew Molitor, Chautauqua County resident and candidate for NYS Assembly. Mr. Molitar’s position opposes the regulation of inland lakes as wetlands. DEC wetland regulations (08-26-24)
- The published position from Michael Bobseine, also a candidate for NYS Assembly states that he would try to amend the act to harden the existing exemptions already in the DEC wetland regulations but does not indicate a desire to prevent regulation of the lake waters as wetlands. No further details have been shared regarding his position on in-lake management activities that may be impacted by the regulation.
- The CLPOA (Chautauqua Lake Property Owners Association, which is a new organization and separate from the CLP) submitted CLPOA Part 664 Written Comments 091924 Final wCover.
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.
- Newly revised FEMA flood maps have been published for Chautauqua County which may have potential implications for further wetlands designations by the DEC.
State Legislation
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
- Oct count: 111 Letters
- Change.Org Petition “Keep the Lake a Lake”
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- Sept count: 2,551 Signatures
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- New legislative session will begin 1/8/2025
Legal Activity
TBD – No formal action can be initiated until after the implementation, scheduled for January 1, 2025.
In the meantime we will continue to engage with the DEC as requested for the General Permit process and in parallel urge the Governor to delay or stop implementation for lakes.