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New York DEC changes wetland mapping approach; Tompkins planners told to expect jurisdictional determinations and public confusion
Summary
Tompkins County planners were briefed on recent New York State wetland regulation changes: DEC will provide informational maps rather than rely solely on mapped wetlands for jurisdiction, maintains a 12.4-acre jurisdictional threshold that will fall to 7.4 acres in 2028, and has created new categories of wetlands of unusual importance.
Darby Kiley, speaking to the council as a Tompkins County planning and water-resources contact, outlined recent changes to New York State wetland regulations and the implications for municipal planners and code enforcement officers.
Kiley said the DEC now provides "informational" wetlands maps and no longer relies solely on mapped wetlands for jurisdictional determinations. She explained that regulation will continue to cover wetlands of 12.4 acres or larger now, with a planned reduction to a 7.4-acre threshold in 2028. Kiley also said DEC has defined 11 categories of "wetlands of unusual importance," including vernal pools, floodways and certain watershed areas, and that some of those are being specifically mapped.
"The new wetlands that are available are referred to as informational and not jurisdictional," Kiley said, explaining that an applicant proposing a project would still submit a parcel-specific request to DEC for a jurisdictional determination and that DEC may require a field delineation and soil/vegetation/hydrology checks if the project appears to affect wetlands.
Kiley urged local planning boards, zoning boards and code enforcement officers to review DEC-provided webinars and guidance and to send questions through the county liaison; she said DEC has draft general permits open for public comment on topics including single-family homes and community-scale solar.
Council members asked about the difference between informational and jurisdictional mapping, how DEC will do delineations and whether the maps will be updated periodically. Kiley said DEC would start with desk review and mapping but that field delineations would be used when a potential wetland concern is identified; she said she would ask DEC how often maps would be updated.
Officials said the regulatory change could cause confusion locally, particularly for small features such as vernal pools that may not always appear on desktop maps. Kiley said the county water resources council is preparing simple outreach materials and trainings to help municipal staff and highway crews understand TMDL (total maximum daily load) responsibilities and other water-resources topics.
No formal action was taken; Kiley encouraged municipalities to view the DEC recordings and to contact county planning staff with questions.
