CHAUTAUQUA LAKE–Humanity has devastated the natural state of Chautauqua Lake, thereby making weeds far worse than they otherwise would have been.

This is primarily because of

�–� what humanity dumped into Chautauqua Lake generations ago and

�–� insufficiently constraining weeds in recent decades.

A weed-clogged Chautauqua Lake is not–repeat, not–the natural state of the lake.

Thus, insufficiently constraining weeds not only devastates nature but also defies nature.

Please tell all of that to advocates of New York state Department of Environmental Conservation, or DEC, wetlands regulations.

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Anyone who has been in, on, or around Chautauqua Lake during 2025 has seen that weeds are worse than we can recall.

Is this solely because of the wetlands regulations that took effect at the beginning of 2025? No.

Yet have their constraints on dealing with weeds made the problem worse than it otherwise would have been? Yes.

Will the weed problem get even worse in future years because of the wetlands regulations? Yes, and double yes.

These regulations can have the effect of turning much of Chautauqua Lake into a weed farm.

Even if the effect falls short of a weed farm, such regulations affect not only lakefront-property owners and lake users but also all of Chautauqua County. For example:

�–� Ever worsening Chautauqua Lake weeds means tourism revenue will be less than it otherwise would be, and

�–� Chautauqua Lake lakefront property’s assessed value–which is about one-fourth of the real-property assessed value in Chautauqua County–will be less than it otherwise would be. That means real-property taxes will shift from such lakefront-property owners to other property owners.

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All of this is among the reasons that it’s imperative to drive a sword through the heart of the DEC’s wetlands regulations.

The executive branch of New York’s government as currently constituted won’t do that. No way.

The legislative branch of New York’s government won’t do that either. No way. The votes just aren’t there. The state Legislature is unlikely to have the votes anytime soon, no matter what soon means.

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The best solution to the problem is through the challenges filed in the state Supreme Court in Albany. Those challenges will come on for hearing shortly.

The lead plaintiff is the Chautauqua Lake Property Owners Association, because it smartly filed the first action.

Another action is spearheaded by the Chautauqua Lake Partnership.

Both organizations deserve our salute for bringing these challenges.

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You, faithful reader of this column, already understand that of all the challenges that courts could hear regarding the regulations, those on Chautauqua Lake’s behalf are easy cases, if not the easiest cases.

Why? Sometimes in law, thinking too much can cause one to miss a simple answer.

Here’s a simple answer: Neither such a lake, nor any part of such a lake–especially one with almost two centuries of development–is a wetland in the ordinary sense of the word. It’s just not.

This isn’t complicated, and it’s not in Chautauqua Lake challengers’ interest to complicate it.

Have the Chautauqua Lake challengers made points in their challenges that are necessarily complicated? Yes, and their able counsel have made such points well.

Nevertheless, the point that Chautauqua Lake isn’t a wetland in the ordinary sense of the word just isn’t complicated.

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As you read here on Labor Day weekend 2024: In any such challenge, the challengers–including the Chautauqua Lake challengers–may at times feel like David must have felt in taking on Goliath.

But remember who won that one.

David had the courage that the Chautauqua Lake challengers have shown.

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Let’s remember too that the town of Ellery has joined one of the challenges as a plaintiff. Which one Ellery chose isn’t the point. The point is that Ellery’s leaders had the brains and the guts to stand up and fight.

They resisted siren songs to wait and study issues further. The time to study issues before filing suit was over, because the deadline for filing suit was at hand.

Ellery’s leaders wisely drew their swords when it was time.

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And let’s give credit to Lakewood too.

Although the village didn’t join a challenge as a plaintiff, a strongly worded affidavit filed on Lakewood’s behalf in the state Supreme Court conveys support for the cause. Applause, applause for village board-of-trustees members having the brains and the guts to stand up and fight.

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Bravo to such Ellery and Lakewood leaders.

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Dr. Randy Elf’s paternal grandparents had a cottage at Cheney’s Point on Chautauqua Lake for 40 years. For more on the wetlands regulations, see the interview of him at 0:17.10 to 0:23.10 of https://accesschautauquacountytv.org/episode/GVbIPKfKKmw.

COPYRIGHT © 2025 BY RANDY ELF