The New York State Department of Environmental Conservation (DEC) encourages the public to get to know wetland regulations prior to planning a new build or a remodel or purchasing a home or property.
Wetlands—swamps, marshes, bogs, wet meadows—are areas saturated by surface or ground water sufficient to support distinctive vegetation adapted for life in saturated soil conditions. However, identifying wetlands isn’t as simple as looking for surface water. Although wetlands are often wet, a wetland might not be wet year-round. In fact, some of the most important wetlands are seasonally wet, such as vernal pools that only contain standing water in the spring.
Wetlands provide valuable habitat for plant and animal communities and serve as a natural filter for water flowing into water bodies and groundwater. Wetlands also act as a buffer during storm events, helping to soak up heavy precipitation or rising water levels to prevent flooding and erosion.
In New York State, two main types of wetlands are the focus of protection: tidal wetlands around Long Island, New York City, and the Hudson River valley up to the Troy dam; and freshwater wetlands throughout the landscape, particularly here in the North Country.
Wetlands are protected by federal and state laws and regulations on public and private property. If a parcel of land contains any type of regulated wetland area, that portion of land cannot be built on or developed without special permission from at least one, if not multiple, government authorities. A buffer distance from the wetlands may also be required. In New York State, the buffer distance is 100 feet.
As a first step, homeowners and potential home buyers should determine whether or not an area is defined as a wetland. This step is called wetland identification. The next step is determining the wetland delineation, or actual establishment of wetland boundaries – where the wetland area begins and ends.
To assist this critical work, DEC created the Environmental Resource Mapper, an interactive mapping application that can be used to identify many of New York State’s natural resources and environmental features that are state or federally protected, or of conservation concern. This includes freshwater wetlands regulated by the state of New York located outside the Adirondack Park. For wetlands in the park, you must contact the New York State Adirondack Park Agency (APA).
It’s important to note that regulatory maps are only meant to display the approximate location of wetlands. The only way to know the precise location of a wetland boundary and its jurisdictional areas is to have a field delineation conducted by a qualified wetland delineator that is then confirmed by the regulating agencies. DEC can conduct the delineation at no cost to you.
Under the Freshwater Wetlands Act, DEC regulates activities in wetlands and in adjacent areas to prevent the impairment of wetland functions. For more information on what activities are regulated and how to obtain a permit, please visit: https://www.dec.ny.gov/permits/6058.html. It is important to note that DEC’s wetland regulations will be updated in 2025. Currently, wetlands 12.4 acres or larger are regulated by the state, while smaller wetlands may be regulated by U.S. Army Corps of Engineers.
The U.S. Environmental Protection Agency website is also an excellent source of information for current and potential homeowners considering building or buying near a wetland. Visit: https://www.epa.gov/wetlands
As new construction, expansion, or property purchase plans take form, DEC is here to help. If you have questions regarding New York State wetland regulations and permitting, contact the Region 6 Bureau of Ecosystem Health office at 315-785-2293.
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