Bedford Audubon Society

WHEREAS Clean Water Protection/Flood Prevention Act (A.7905-a/S.4480-a) would close a loophole that was created by the 2001 SWANCC court decision that removes isolated freshwater wetlands of between 1 acre and 12.4 acres from jurisdiction of the Clean Water Act. Article 24 of the NY State Conservation Law regulates all freshwater wetlands of at least 12.4 acres or wetlands of local significance. It is administered by the NY State Department of Environmental Conservation. The Army Corps of Engineers regulates wetlands of between 1 acre and 12.4 acres under the authority of the Clean Water Act.

Isolated wetlands are those that don't abut rivers, lakes or other navigable waters of the U.S. 20% of the wetlands in the Croton Watershed are isolated wetlands. Wherever you see an isolated patch of wetlands vegetation such as skunk cabbage and tussocks in excess of an acre and smaller than 12.4 acres that are not on a lake or river, they represent an isolated wetland which can now be filled in without a permit due to this loophole.

This bill would also allow regulators to classify a wetland during a regulatory proceeding, even if it were not mapped, as long as it meets the state criteria for a wetland.

RESOLVED Bedford Audubon Society believes that the Clean Water Protection/Flood Prevention Act (A.7905-a/S.4480-a) will benefit all New Yorkers by allowing the State Department of Environmental Conservation to require fill permits for wetlands removed from regulation under the Federal Clean Water Act due to recent court decisions and not currently covered by New York State's Freshwater Wetlands laws.