05/18/2026
IMPORTANT WETLANDS REGULATIONS UPDATE FROM DEC
Dear Stakeholder,
We hope this message finds you well.
The New York State Department of Environmental Conservation (DEC) remains committed to the protection of wetlands and the crucial environmental and economic benefits they provide. We would like to inform you of a recent development regarding our Freshwater Wetlands Program.
On April 8, 2026, the Albany County Supreme Court issued a decision that impacts DEC freshwater wetlands regulations. Following a thorough evaluation of this decision and its potential implications for our permitting and enforcement programs in line with existing State law, we want to clarify our position moving forward.
DEC will continue to uphold New York's Freshwater Wetland Act, ensuring regulatory protections for freshwater wetlands that remain under our jurisdiction. As part of this commitment, DEC will require applications for projects that impact Previously Mapped Freshwater Wetlands and/or wetlands of 12.4 acres or greater in size.
Positive jurisdictional determinations issued before April 8, 2026, remain valid if they pertain to Previously Mapped Freshwater Wetlands or exceed 12.4 acres in size. Requestors who received a positive jurisdictional determination between January 1, 2025, and April 8, 2026, and whose jurisdiction letter references Unusual Importance criteria without mentioning Previously Mapped Wetlands will need additional review by the DEC. Recipients of these jurisdictional determination letters are encouraged to complete the online Reassessment of Jurisdictional Determination Request to ensure compliance with the updated regulations.
Thank you for your continued partnership in safeguarding New York's invaluable freshwater wetlands. If you have any questions or require further information, please do not hesitate to reach out.
Best,
Krista Spohr
Pronouns: She/her/hers
Environmental Program Specialist, Bureau of Habitat
Wetlands Outreach Coordinator
Division of Fish & Wildlife
New York State Department of Environmental Conservation
625 Broadway, Albany, NY 12233
P: (518) 402-6604 | [email protected]