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December 20, 2024

NYSDEC Issues Draft Freshwater Wetlands General Permit

On December 18, 2024, the New York State Department of Environmental Conservation (NYSDEC) released its proposed Freshwater Wetlands General Permit (GP-0-25-003) for public comment. The NYSDEC is issuing the proposed general permit less than two weeks from a substantial expansion of its jurisdiction over wetland areas under its draft regulations, which are set to take effect on January 1, 2025, and the corresponding growth in the number of projects that will require permits. 

The proposed general permit would allow a streamlined permitting process for certain activities in state-regulated freshwater wetlands and adjacent areas, protected streams, and navigable waters. Activities covered include the following: 

  • Repair, reconstruction, and/or replacement of existing functional structures and facilities in a freshwater wetland or freshwater wetland adjacent area;
  • Repair, reconstruction, replacement and/or removal of septic systems in wetland adjacent areas with no increase in design capacity;
  • Construction and/or modification of certain residential, commercial, industrial, or public structures that results in permanent and/or temporary disturbance totaling no more than one-tenth of an acre to freshwater wetlands and totaling no more than one-tenth of an acre to freshwater wetland adjacent areas;
  • Temporary access roads and/or laydown areas in the wetland adjacent area with limits on clearing of woody vegetation; 
  • Selective vegetation cutting, hazard tree removal, and/or removal of dead ash trees; 
  • Cutting of trees or other vegetation in the wetland adjacent area necessary to complete any other authorized activity in the general permit; 
  • Drilling test wells for sampling;
  • Routine beach replenishment, regrading, and/or cleaning; and 
  • Removal of debris and existing structures in a freshwater wetland or freshwater wetland adjacent area for the purpose of wetland restoration or where necessary to complete any other authorized activity in the general permit.

In addition to the acreage limitations on some activities, the proposed general permit contains other eligibility requirements, including time-of-year restrictions for tree removal, directional drilling and trenching standards, and limits on the placement and type of fencing. Further, activities that require an endangered or threatened species permit or are located within the Adirondack Park, a coastal erosion hazard area, or a remediation site are excluded from coverage. The NYSDEC is proposing to issue GP-0-25-003 for a five-year term.

The draft general permit containing the full description of proposed authorized activities, terms, and conditions is available for review on NYSDEC’s website, here. Comments on the draft general permit must be submitted by January 27, 2025, and sent in writing to:

Kristen Cady-Poulin  
NYSDEC Division of Environmental Permits 
4th Floor 
NYSDEC 625 Broadway 
Albany, NY 12233-1750 
DEPPermitting@dec.ny.gov 

Barclay Damon’s Environmental Practice Area attorneys will continue to monitor the status of the proposed general permit and are available to assist with providing comments.
 
If you have any questions regarding the content of this alert, please contact Yvonne Hennessey, Environmental Practice Area chair, at yhennessey@barclaydamon.com; Tom Paul, partner, at tpaul@barclaydamon.com; Dan Krzykowski, associate, at dkrzykowski@barclaydamon.com; or another member of the firm’s Environmental Practice Area. 

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