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Board hears that DEC paused Town Tavern wetland probe after court decision
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Summary
A board member told the Conservation Advisory Board that an April 6 court decision annulled recent DEC wetland rules and that the DEC has paused its enforcement action related to wetlands and stream disturbance at Town Tavern, prompting discussion about local enforcement limits.
A committee member told the Grand Island Conservation Advisory Board that a recent court ruling had affected a DEC enforcement action related to Town Tavern, saying Albany County Supreme Court action prompted the DEC to pause its investigation.
"On April 6, the Albany Supreme Court...annulled the DEC's new wetland regulations," the committee member said, adding that the DEC had stopped its investigation into alleged wetland filling and stream disturbance. The speaker referenced violations under Article 24 (wetland filling) and Article 15 (stream disturbance).
Board members expressed frustration that municipal oversight and pre-application checks sometimes fail to catch projects before work happens. The staff member replied that the DEC may be protecting itself from legal exposure and underscored the limited local enforcement options after state-level rulings.
Why it matters: The pause in enforcement leaves unresolved whether local remedies or stricter local intake procedures could have prevented apparent violations. CAB members emphasized the importance of early routing of EAFs and improved intake checklists to flag projects in regulated areas.
What happens next: The board will continue to press for timely EAF referrals and consider how local processes (EAF review, referrals to CAB, and use of the OSI/NRI map) could catch impacts earlier in the application cycle.
Quotes: "They filled in Woods Creek, and now you're seeing..." a committee member said, urging closer review of site plans. "We're probably protecting themselves from legal action," staff said of DEC's motives.
Provenance: Discussion on the DEC investigation and the court ruling appears from SEG 289 to SEG 321.
