Update on Amendments to the Freshwater Wetlands Act
As a follow up to our recent blog post regarding the April opinion from the New York State Supreme Court, County of Albany annulling the DEC’s adoption of regulations implementing statutory amendments expanding the DEC’s regulations to freshwater wetlands in the state (“Amendments”), the DEC just issued: a Regulations Update, confirming that the Amendments are no longer effective […]
Albany County Supreme Court Annuls DEC’s Regulations Implementing the State’s Amendments to the Freshwater Wetlands Act
In 2024, New York State amended the Freshwater Wetlands Act (Article 24 of the Environmental Conservation Law) to significantly expand the State’s regulation and protection of wetlands. Thereafter, the Department of Environmental Conservation (“DEC”) adopted regulations to implement those statutory amendments (the “Amendments”). These major statutory Amendments took effect on January 1, 2025 and have […]
Freshwater Wetlands Act Amended to Expand Regulation and Protection
By Sophie Coassin and Daniel M. Richmond New York State has amended the Freshwater Wetlands Act to significantly expand regulation and protection of wetlands, with key changes effective in 2025 and 2028. These amendments to Article 24 of the Environmental Conservation Law (ECL) were made in response to the deregulation of federal wetland protections based […]