Navigating Change: Insights into the Finalized NYS Freshwater Wetlands Regulations

Event/class attended:

Navigating Change: Insights into the Finalized NYS Freshwater Wetlands Regulations

Date(s) attended: January 15, 2025

Speaker(s): DEC Staff

Topic(s): provide information and answer questions about the updated Freshwater Wetlands program regulations.

Summary of Discussion/Presentation:

In a nutshell, if you are going to build anything and want to make sure you are in compliance, you will need to submit a request for a parcel jurisdictional determination, which you can do online following a link on the website.

https://dec.ny.gov/nature/waterbodies/wetlands/freshwater-wetlands-program/freshwater-wetland-jurisdictional-determination

They will use various maps to determine whether there are wetlands on that parcel.

They have 90 days to tell you whether the submitted parcel contains jurisdictional wetlands.

If it comes back negative, you are good for five years. If it comes back positive then you have to request a project determination from your local office to determine whether your project is in the wetland area on your parcel and whether it needs a permit. DEC has 90 days to respond to this request.

If it does come back positive, then you need to work with DEC to relocate the project or mitigate the impacts, and this will require a permit.

In the past you could look on the enviro-mapper https://dec.ny.gov/nature/animals-fish-plants/biodiversity-species-conservation/biodiversity-mapping/environmental-resource-mapper) and it would tell you whether you were near or in a regulated wetland and would have to check with DEC. These published maps are only informational now, although any wetlands delineated on those old maps will remain regulated. These maps used to be based on areas of 12.5 acres, now they go down to 7.5 acres. (I found a good portion of the 10 acres of property my house is on is now on the enviro-mapper as a wetland.)

My thoughts:

My personal opinion:

There are always activities that individuals and businesses carry out for which governmental authorities would like us to get permits or permission to do. Some decide to not get those permits or permission. It's too soon to tell how this process is going to play out. It is our goal to provide the most up-to-date information. Steve George and the Soil and Water Conservation Districts will also be a great source of information to you.

The Use of Petroleum Products With Manure is Prohibited

It has come to our attention that law enforcement agencies and the NYS Department of Environmental Conservation (NYSDEC) are aggressively looking for anyone adding any type of new or used petroleum product to their manure. According to the DEC, some farms and custom applicators have been using these types of products to reduce foaming. The NYSDEC issued a statement on May 23, 2022, stating “It is important to note that the use of any petroleum containing materials for this use is strictly prohibited.” It is our understanding that someone following this management can be subject to criminal charges.

In lieu of using a petroleum-based product, the NYSDEC further stated that “Per NYSDEC Division of Materials Management, in accordance with 6 NYCRR 360.12(c)(3)(iv), used cooking oil* is not subject to regulation as a solid waste when used to prevent or suppress foaming in manure management at farms, provided it is not mixed with other solid waste. No more than the equivalent to two (2) 55-gallon drums of unprocessed used cooking oil may be stored at any time at a farm for this purpose. Pursuant to 60.12(c)(4)(vi), processed cooking oil (filtered and excess water removed at a used cooking oil and yellow grease processing facility) may be received in any amount and stored indefinitely for this use.”

“The use of small amounts of virgin vegetable oil is also an accepted practice to prevent or suppress foaming in manure management at farms, so long as it is properly handled and doesn’t create a nuisance. Virgin vegetable oil is not subject to any solid waste regulation unless it’s unused and discarded.”

*6 NYCRR 360.2(b)(297): Used cooking oil means a vegetable or animal-based oil that is generated from cooking or frying foods and is a liquid at room temperature (68 degrees Fahrenheit). Used cooking oil may contain food particles and water. Used cooking oil does not include brown grease.