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Proposed Wetlands Regulations Leave Too Much To Imagination

There is a lot of concern over new wetlands designations and what they mean for the future of Chautauqua Lake.

Since The Post-Journal began writing about the new designations earlier this year, two basic schools of thought have formed. One group is saying there is nothing to worry about because the new regulations are meant to clarify old, imprecise regulations and any additional authority won’t be used to make major changes to the way Chautauqua Lake is managed. Another group reads the proposed regulations to mean major changes are very possible to Chautauqua Lake and for property owners around the lake.

We tend to agree with the latter group.

Were there no reason for alarm, we doubt state Sen. George Borrello, R-Sunset Bay, would have introduced legislation exempting Chautauqua Lake and the Great Lakes from these new regulations. We note, too, that supporters of the new regulations say they will identify wetlands that currently exist, include wetlands that were previously overlooked and protect wetlands that already exist. We doubt anyone would disagree with two out of the three of those statements. But the location of those “previously overlooked” wetlands is a problem if you already own property in those “previously overlooked” wetlands and find yourself having to deal with new regulations on property you paid hundreds of thousands of dollars to own.

We note a recurring theme from comments submitted by Andrew Molitor, candidate for the state Assembly. The new wetlands regulations quietly allow the DEC to expand watershed buffer zones in ways that can create larger swaths of land requiring DEC oversight. In the case of vernal pools – depressed areas of water where some amphibious species are found in the spring or fall before the pools dry up in the summer – the presence of some salamanders in a quarter of an acre could result in new oversight of activities covering some 53 acres. That’s just one example of the type of expansion that has made lakefront property owners nervous.

Of course, the biggest source of contention is whether or not Chautauqua Lake would remain a navigable water body if large areas of the lake would qualify for a wetlands designation. A simple sentence in the new regulations would remove much of the ambiguity for the future of Chautauqua Lake while accomplishing exactly what Borrello has suggested in his legislation introduced earlier this year; redefine “freshwater wetlands” to say navigable waters in an inland lake shall not be considered wetlands.”

The change is something Molitor suggested in his comments to the DEC. It would be a simple change for the DEC that addresses many of the concerns raised over the past few months by Chautauqua Lake property owners. The fact that it hasn’t already been addressed is curious, to say the least.

If Molitor’s suggestion is something you can get behind, take the time over the next week to submit comments saying so to the DEC at WetlandRegulatoryComments@dec.ny.gov with the subject line “Wetlands Part 664 Comments” or mailed to NYSDEC, Attn: Roy Jacobson, Jr., 5th Floor, 625 Broadway, Albany, NY 12233-4756.

In our view, the proposed wetlands regulations leave too much to the state’s imagination to guarantee they will be used innocuously in the future. Too much is left open to interpretation that things can easily change as leadership and staff change in regional DEC offices. Chautauqua Lake is too important to Chautauqua County to leave so much up to interpretation and ambiguity. Voice your concerns – and follow through if the DEC doesn’t listen by lobbying state lawmakers.

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