The Wetlands Ruling & NY Property Development
In a major development for New York real estate and environmental law, a new wetlands ruling is altering the landscape for property development across the state.
The New York State Department of Environmental Conservation (DEC) has expanded protections for freshwater wetlands under recent updates to its regulatory framework. This means more properties—particularly those previously just outside mapped wetlands—may now fall under state jurisdiction, requiring permits and imposing new restrictions on land use.
MAIN POINTS
Expanded Wetland Maps: The DEC is no longer solely relying on outdated wetland maps. Site-specific characteristics like soil and vegetation now play a greater role in determining what qualifies as a protected wetland.
Buffer Zones Increased: The regulated adjacent area around wetlands has increased, meaning construction plans may need to shift or be reevaluated.
Stricter Permitting: Developers will face a more rigorous permitting process and potentially longer timelines before breaking ground.
For landowners and developers, this ruling underscores the importance of early environmental assessments and legal guidance before acquiring or developing property. Failing to comply could result in costly delays, fines, or even project shutdowns.
Our team is closely monitoring how these changes are being implemented. We can help you navigate permit requirements, conduct due diligence, and minimize development risks.
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Contact us today to schedule a consultation and ensure your project stays compliant.
