The Watershed & Wetlands

The Freshwater Wetlands Act changed in 2022 such that wetlands greater than 12.4 acres in size are regulated regardless of their mapping status. In addition to larger wetlands, the Freshwater Wetlands Act regulates smaller wetlands of “unusual importance” if they meet one of eleven criteria described in the law and regulation. he only definitive way to determine if a particular parcel or property contains regulated wetlands outside the Adirondack Park is to request a jurisdictional determination through DEC’s website 

The Freshwater Wetlands Act regulates most development activities located in the wetland or within a regulated “adjacent area.” This adjacent area is a minimum of 100 feet but may be extended for a limited number of particularly sensitive wetlands. Not all activities in and near wetlands are regulated. 

Wetlands are classified from Class I (which provide the most benefits) to Class IV (which provide fewer benefits). The classification is based on the work that wetlands do, such as storing flood water and providing wildlife habitat. The system for classifying wetlands is contained in regulation (6 NYCRR Part 664) and the classification of individual wetlands is determined as part of the jurisdictional determination process.

For additional information on NYS Freshwater Wetlands, see DEC's website (https://dec.ny.gov/nature/waterbodies/wetlands/freshwater-wetlands-program).