Hudson Valley Wetlands to Gain New Protections in January

By Michael Gold

New York State is greatly increasing its protection of wetlands, starting this January.

New regulations, proposed by the state’s Department of Environmental Conservation (DEC), will protect vernal pools and other “small wetlands of unusual importance,” possibly affecting commercial and residential development in the Hudson Valley and around the state.

“Freshwater wetlands are lands and submerged lands – commonly called marshes, swamps, sloughs, and bogs – that support aquatic or semi-aquatic vegetation,” states the DEC’s website.

Vernal pools are wetlands that come to life in the spring, with water from snowmelt or rain. They’re generally small, not connected to permanent bodies of water, and provide homes for frogs, toads and salamanders.

“Wetlands purify our air by inhaling carbon dioxide and exhaling oxygen, filter our water by removing nitrogen, phosphorous and sequester heavy metals and carbon,” explained George Jackman, Riverkeeper’s habitat restoration director, in an e-mail. “Wetlands attenuate the intensity of extreme rain events by slowing and absorbing fast-moving flood waters. To be clear, we have in fact lost a staggering amount of wetlands in the Hudson Valley.”

“Wetlands are at risk from development and climate change across New York State,” said Drew Gamils, senior Riverkeeper attorney. “DEC’s regulations will be a huge improvement in protection.”

In 2022, the state legislature passed amendments to the New York Freshwater Wetlands Act to protect wetlands of any size, if they have “unusual importance,” defined by 11 criteria:

–Located in a watershed that has experienced significant flooding in the past or is expected to in the future.

–Located in or near an urban area.

–Contains a plant species that occurs in fewer than 35 sites or has fewer than 5,000 individuals (plant species) statewide.

–Contains habitat for an essential behavior of a species that is endangered, threatened or of special concern.

–Classified as a Class I wetland (which means it provides the most environmental benefits).

–Was previously classified and mapped by DEC as a wetland of unusual local importance.

–A vernal pool that is known to be productive for amphibian breeding.

–Located in a floodway.

–Was previously mapped by DEC as a wetland.

–Has wetlands functions that are of local or regional significance.

–Determined by the DEC to be of significant importance to the state’s water quality.

The DEC’s website states that the amended rule would “safeguard an estimated one million additional acres of unprotected wetland habitat by expanding the number of wetlands regulated by DEC.” Wetlands that meet the DEC’s “applicable definition” of what a wetland is “will be regulated by DEC and subject to permitting,” the DEC website also explains.

“Protecting freshwater wetlands is critical to safeguarding water quality, preserving wildlife habitat, mitigating flooding, and promoting resilience in New York State’s communities and along its shorelines,” DEC spokesperson Dana Ferine said.

The proposed regulations implement the substantially enhanced and modernized State freshwater wetland law to ensure the long-term health and benefits of these vital ecosystems for current and future generations.

Gamils explained the development permitting process.

“If a developer would like to disturb a wetland or the adjacent buffer area, they must obtain a permit from DEC,” she stated in an e-mail. “Starting in 2025, DEC will no longer be relying on maps to indicate whether a wetland is regulated and therefore subject to permitting. DEC will apply the new criteria set forth in the regulations to make a determination about whether a wetland is regulated, and if it is, the developer will be required to obtain a permit.”

Vernal pools provide valuable breeding grounds for frogs, toads, salamanders and other amphibious species.

“Amphibians depend on vernal pool habitats,” Gamils said.

Jackman said they provide valuable environmental services, such as pest control.

“Amphibians do indeed provide valuable pest controls as tadpoles, frogs, salamanders, all the critters, eat mosquito larvae,” Jackman responded. “We owe these critters (amphibians) a debt of thanks for many reasons.”

“Amphibians are critical to the food chain as predators and prey,” Gamils said. “They’re food for birds, snakes and mammals.”

One big threat to wetlands is development-related stormwater runoff, Gamils said. Rainfall run-off through a construction site may contain chemicals, sawdust and other materials, she explained, which can pollute a wetland and harm the plants and animals living there.

When a large development is proposed in the vicinity of a wetlands, Riverkeeper may comment on the impact as part of the permitting process, Gamils explained.

“We’re watching,” she said.

Another reason for increased wetlands protection is climate change, Gamils said.

“Extreme heat makes vernal pools more vulnerable,” Gamils said. “There’s less snowmelt,” which results in shrinking the pool, or eliminating it entirely. “Climate change puts a good amount (of vernal pools) at risk. We have to protect whatever we have.”

Riverkeeper often relies on the public to report enforcement issues they see, Gamils pointed out. Local governments must be vigilant, too, she said.

State residents who want to comment on the new regulations can either e-mail WetlandRegulatoryComments@dec.ny.gov (subject: Wetlands Part 664 Comments) or write a letter to NYSDEC, Attn: Roy Jacobson Jr., 5^th floor, 625 Broadway, Albany, N.Y. 12233-4756. The deadline for submitting comments is Sept. 19.

Michael Gold has had articles published in the New York Daily News, the Albany Times Union, and other newspapers, and The Hardy Society Journal, a British literary publication.