On January 1, 2025 changes to New York State Wetlands regulations went into effect. The DEC states it will protect an additional one million acres of wetlands in the state. The newly adopted regulations define key terms, describe the revised freshwater wetland classification system, present criteria for the identification of Wetlands of Unusual Importance, and describe procedures the DEC uses in making jurisdictional determinations.
The current NYS Freshwater Wetlands Maps will no longer limit DEC regulatory jurisdiction to wetlands depicted on those maps. The NYS Freshwater Wetlands Maps will be referred to as Previously Mapped Freshwater Wetlands. Jurisdictional protections for previously mapped freshwater wetlands will remain as DEC’s jurisdictional authority expands to include wetlands meeting the freshwater wetland definition and state jurisdictional criteria for protection.
Small wetlands of “unusual importance” regardless of size will be regulated if they meet one of 11 newly established criteria:
- Located in a watershed with significant flooding.
- Situated in or adjacent to an urban area.
- Contains rare plant species.
- Provides habitat for species deemed to be endangered, threatened, of special concern or of greatest conservation need.
- Classified as a Class 1 wetland, which indicates the highest state standard for ecological value.
- Previously mapped and classified as a wetland of unusual local importance.
- Identified as a vernal pool that supports amphibian breeding of particular species
- Located in a FEMA-designated floodway.
- Previously mapped by the state DEC on or before Dec. 31, 2024.
- Holds local or regional significance.
- Plays a significant role in protecting state water quality.
For more information on the changes go to: https://dec.ny.gov/nature/waterbodies/wetlands/freshwater-wetlands-program
To find out if there are wetlands on your property go to: