Clinton public hearing on wetlands law draws mixed public comments; board tables adoption and leaves hearing open until Feb. 10

A public hearing on Local Law No. 1 of 2026 — a proposed amendment to Clinton’s wetlands ordinance (town code §250-78) — drew extended public comment on Jan. 13 at Clinton Town Hall as residents raised concerns about exemptions, mapping, and how the town would enforce buffer and soil-disturbance rules.

Catherine, a board member/staff representative who introduced the draft, said the update responds to changes in New York State wetland rules and relies on newly completed Natural Resource Inventory (NRI) maps produced by the town’s Conservation Advisory Committee. The draft, she said, points to those NRI maps so landowners and officials can better identify regulated areas. The draft law states it would take effect upon filing with the New York State Secretary of State unless the board sets a different effective date.

Why it matters: the draft would change where and when property owners need town permits, could create new regulated buffer areas adjacent to mapped wetlands, and sets thresholds for small disturbances. That affects homeowners, contractors and project applicants who may need to consult the town or DEC before beginning work.

Opponents, including Joseph Schilling, said the draft is more restrictive than neighboring towns and conflicts with state exemptions for small accessory structures. "We are creating conflict, a burden ... where homeowners are compliant with state law but in violation of Clinton's arbitrary 30-foot, 30-cubic-foot soil rule," Schilling said, urging the board to exempt work such as removing toxic or invasive vegetation and to delay action so residents can review maps and implications. He formally asked the board to table the law for 90 days.

Jeff Newman, the town zoning administrator, urged a series of drafting clarifications: he said subsection c appears to use the wrong terminology (it presently reads that activities do not require a permit if they have received a "positive project jurisdictional determination," while DEC practice treats a "positive" determination as evidence that protected wetlands exist); he recommended clarifying that some exemptions mean no town permit is required while DEC permitting may still apply, and he flagged internal contradictions between broad phrases like "any disturbance" and narrower 30-cubic-foot exemptions elsewhere in the draft.

Supporters including Charlie Canham of Longview Road praised the NRI maps and said the revision will strengthen protections while making compliance easier for landowners and boards. Canham suggested integrating the NRI maps into parcel-access tools so contractors and applicants can quickly see likely regulated areas, while noting that DEC will still perform jurisdictional delineations when required.

Several speakers asked the board to consider an implementation period or to exempt projects already pending before the planning board; attorney Victoria Polidoro recommended delaying the effective date — a step the state used when it updated its regulations. Board members said that is a reasonable option to consider and that they would review technical edits.

After public comment and board discussion, a board member moved to close the public hearing but the board subsequently rescinded that motion and voted to leave the hearing open until Feb. 10, 2026. Members said they will review Jeff Newman’s notes and reconvene the drafting group to make minor word changes before returning the matter for a February vote.

The town clerk’s legal notice and the draft ordinance remain available at the town clerk’s office; the board directed staff to consider making the NRI maps more accessible (for example, a parcel-access layer) and to discuss options for an implementation delay and clarifying language.

Next steps: the board will meet as a working group to review the technical edits recommended by staff and members and expects to schedule the item for a vote in February. The public hearing will remain open until Feb. 10, 2026.