A year ago, one of the first local concerns raised about the state’s Freshwater Wetlands Act was a decrease in property tax assessments around Chautauqua Lake.

Additional concerns have arisen since then – but now the original issue that caught the eye of Lakewood Village Board member Ellen Barnes last February has come back around.

The state DEC has posted a FAQ on its Freshwater Wetlands Act page dealing with how the act could relate to property taxes. Section 24-905 of the Freshwater Wetlands Act, titled Tax Abatement states any freshwater wetland subject to land-use regulations or that is subject to a cooperative agreement under the Freshwater Wetland Act is deemed subject to a limitation on the use of such wetlands for the purpose of property tax evaluation just as if an easement had been acquired through the state General Municipal Law.

In other words, some people read the law and thought they would receive a tax exemption for land that now qualified as a wetland. That isn’t the case. But local assessors in lakeside towns may find their jobs more difficult under the Freshwater Wetlands Act.

“Generally, if you are not permitted to fully use your property at the level for which it is assessed, then a reduction in valuation may be appropriate,” the FAQ states. “However, all determinations must be made on a case-by-case basis by your local assessor. … In addition, the landowner should realize that an outdated assessment may fail to reflect accurately the true value of the property. An assessor may agree to a reduction in assessment based on the act for any constraints the wetlands law may impose, but this reduction may be offset by an overall upward adjustment for an updated assessment of the remaining property.”

In other words, those whose property has new limitations can challenge their property assessments. While those with older tax assessments may end up with roughly the same assessment, those with newer property assessments who can prove some of their land is now a wetland that is of little use to them due to the Freshwater Wetlands Act could, indeed, receive a property assessment decrease. And, those who choose to fight an assessor’s decision could take the case to state Supreme Court as happens with many businesses that challenge their tax assessments.

“Please remember that your local assessor, not DEC, must make the decisions on how your property is valued and taxed. But DEC might be able to help in a few ways. First, this information was produced, in cooperation with the groups and agencies shown at the end, so you can approach your local assessor as an informed taxpayer. In addition, DEC Region offices can provide you with copies of that portion of the wetlands map that includes your property. These maps also are available for inspection at your local government clerk’s office. The map will help you show the assessor how much of your property contains wetlands,” the FAQ states.

It’s not an across-the-board assessment cut as originally feared. But the FAQ does indicate property values can take a hit around Chautauqua Lake depending on how much of a person’s land now qualifies as a wetland – and how lake access is affected by any changes to permitted activities on Chautauqua Lake.

One of the area’s newest vacation home owners told The Post-Journal recently after a Chautauqua Lake Property Owners Association meeting that he has second thoughts about his purchase.

“This meeting was eye-opening,” said Doug Matters, a resident of Russell, Pa. “We (wife) bought a seasonal vacation home here on the lake, but if we would have known about the wetlands regulations we may have held off on the purchase,” said the retiree. “This is a big mess.”

Tom Wight, a licensed real estate agent with ERA Team VP – Commercial Division, said that the new wetlands regulations have impacted his business already. He also said that it behooves property buyers and their real estate agent or buyer’s agent, to do their due diligence, prior to any purchase of a home or parcel of land – especially now.

“While I’m not 100 percent sure yet what the law, rule or regulation is as far as disclosing property located in a wetlands area, ethically, as a real estate agent, it should be disclosed, no question about it.”