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CAC flags DEC 90-day jurisdictional rule for wetlands as barrier to quick determinations
Summary
Council members heard from environmental staff that DEC's 90-day jurisdictional determination process can result in a 'no' finding that effectively limits protections for five years if the agency does not respond; the CAC agreed to follow planning-office progress and to consider county coordination.
Kingston’s Conservation Advisory Council reviewed recent guidance on jurisdictional determinations for wetlands and flagged a procedural issue: if the state Department of Environmental Conservation (DEC) does not issue a determination within 90 days, the lack of a timely response can be treated as a negative determination and lock in that outcome for up to five years.
Members discussed remarks from a recent Ulster County presentation…
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