P-J file photo Docks are pictured on Chautauqua Lake in this file photo.

County Executive PJ Wendel is opposing the state DEC’s proposed amendments to the Freshwater Wetlands Act.

The amendments, which include a repeal and replacement of 6 NYCRR Part 664 on wetlands jurisdiction and classification, are set to take effect Jan. 1. Several towns and villages around Chautauqua Lake have already opposed the regulations, which are the subject of an in-person public hearing Thursday in Albany..

“We are ready and willing to collaborate with the state to develop a regulatory framework that supports both environmental protection and the economic interests of our community. I urge the NYSDEC to postpone the effective date beyond January 1, 2025, to allow for further discussion and refinement of the regulations,” Wendel said. .

Earlier this year, Wendel responded to questions about the wetlands regulation changes at the Chautauqua County Chamber of Commerce’s annual County Executive Breakfast by saying there was little to worry about, saying “Chautauqua Lake is a lake, is a lake, is a lake.”

That was the message for much of the spring after The Post-Journal and OBSERVER reported on concerns from lake advocate Jim Wehrfritz and Ellen Barnes For much of the spring the message from many in regional governments was that the proposed regulations were nothing to worry about. Now, Wendel is asking the state to delay the regulations that Barrett O’Neill was speaking in favor of at the symposium.

“Our lakes, waterways, and wetlands are integral to both the environment and the economic vitality of Chautauqua County,” said Wendel. “The proposed changes, while well-meaning, could have far-reaching negative consequences. We are calling on the state to slow down and consider the local impact of these regulations before moving forward.”

Wendel said the federal Clean Water Act and New York’s Freshwater Wetlands Act have provided a foundation for the protection of wetlands, but said the new regulations may overreach, particularly when compared to federal guidelines. This could lead to enforcement difficulties and increased financial burdens for property owners, which in turn might affect tourism, recreation, and overall economic development in the region.”

Earlier this year state Sen. George Borrello, R-Sunset Bay, introduced legislation that would exempt Chautauqua Lake from the new wetlands regulations. The region’s state senator has introduced legislation (S.9799) to exempt inland lakes that are navigable waterways and have an area of 150 acres or more from freshwater wetlands designations. The bill will further exclude the Great Lakes from the definition of “inland lake.”

“I want to thank New York State Senator George Borrello and New York State Assemblyman Andy Goodell for their strong advocacy on this issue in Albany,” Wendel continued. “Their commitment to protecting our region’s interests is greatly appreciated.”

Wendel acknowledged the ongoing partnership with the DEC, particularly the efforts of Barrett O’Neill.

“We’ve worked closely with the DEC, and I appreciate Director Julie Barrett O’Neill for her collaboration and transparency,” Wendel said. “During the Chautauqua Lake Symposium, she and her colleagues provided valuable insights into the impact of these new regulations, which underscores the need for a balanced approach that protects the environment without harming our community.”

In 2022, Gov. Kathy Hochul signed into law revisions to New York’s Freshwater Wetlands Act. New York’s original Freshwater Wetlands Act was enacted in 1975 to regulate activities near larger wetlands, greater than 12.4 acres, and smaller wetlands considered to be of unusual local importance. The new wetlands law eliminates the use of the old, inaccurate wetland maps and clarifies that all wetland areas greater than 12.4 acres are subject to Article 24 regulations. Freshwater wetlands are lands and submerged lands – commonly called marshes, swamps, sloughs, bogs, and flats – that support aquatic or semi-aquatic vegetation.

There has been concern raised that Chautauqua Lake would fall under increased wetlands regulation under the 2022 revisions. The state DEC will begin implementing new regulatory changes in 2025, and in 2028 the threshold of default will change from 12.4 acres to 7.4 acres that will be subject to Article 24 rules.

Jim Wehrfritz, a longtime advocate on Chautauqua Lake issues, and Ellen Barnes, a Lakewood Village Board member, began raising concerns about the new wetlands designation and its potential impact on Chautauqua Lake earlier this year. Concerns initially focused on the Burtis Bay area of Chautauqua Lake in the town of Ellicott and village of Lakewood, though Wehrfritz has said the new regulations would affect the entire lake. Homes along Chautauqua Lake’s shores makeup more than 25% of the county’s total taxable value.