New York State DEC sued over new wetland regulations

April 19, 2025

The State Department of Environmental Conservation is facing a lawsuit over its newly expanded wetland protection regulations that went into effect at the beginning of the year.

The suit was filed by the Chautauqua Lake Property Owners Association and the Town of Ellery, which is located on the lake’s shores.

At issue are new regulations that redefine freshwater wetlands and their importance to the state’s natural environment.

The suit alleges the new authority over them goes too far and violates property owners’ rights.

One specific issue the suit addresses is the provision requiring area property owners to request a permit for a project and then wait up to 90 days for an answer.

It also alleges the new changes are unconstitutional and seeks to have them reversed.

DEC officials said they do not comment on potential litigation.

 

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