March 23, 2004
Citizen’s Environmental Coalition
Environmental Advocates of New York
Riverkeeper
Natural Resources Defense Council
Sierra Club Atlantic Chapter

Organizations Call on the State and the Federal Government to Protect New York’s Wetlands

Citizens and environmental organizations across the state joined together to release a survey of northeastern state wetland laws and call for the protection of New York’s vital but threatened wetlands, seasonal streams and other waters. According to the groups, a rollback in federal regulation of wetlands leaves many of New York’s wetlands and other waters threatened by pollution and development. The groups call to action came on a day when more than 75 environmental groups across the nation demanded increased federal and state protections for waters placed in jeopardy by the federal roll backs.

“We depend on wetlands to maintain clean water and provide habitat for ducks and fish. In addition, billions of dollars in property damage are saved annually by wetlands buffering storm water and absorbing floodwaters, “ said Adrienne Esposito, CCE Associate Executive Director. “The Bush Administration’s roll-back in Clean Water Act protections threaten progress we have made in protecting our waters over the last three decades and expose our communities to the threat of flooding and water pollution.”

In January 2003 the Bush administration instructed its agencies not to enforce Clean Water Act protection in many wetlands, small streams and other waters consider “isolated” without first obtaining permission from headquarters. Since New York State law only regulates wetlands 12.4 acres or larger, this change has left many wetlands across the state unregulated.

For example, the Army Corps of Engineers has determined that some wetlands on the site of the controversial 2000 acre Belleayre Resort at Catskill Park development are isolated and not subject to federal regulation. These wetlands fall below the 12.4 acre size threshold in New York’s law and are consequently not subject to state regulation either.

The Belleayre development is located in New York City’s Catskill Watershed and according to communications from the US Fish and Wildlife service has the potential to have negative impacts on surface waters.

“It is mind boggling that unregulated filling of wetlands can occur in New York City’s watershed”, said Leila Goldmark, Attorney for River Keeper. “Given the Bush Administration’s disregard for wetlands, clean water protection and flood prevention depend on the state legislature and the Governor taking action. New York needs to step up to the plate and improve our wetlands protection”.

Advocates say their survey shows that New York has the least protective wetlands laws in the Northeast. “New York has fallen behind in protecting wetlands,” said Liz Kaszubski, Chair of Sierra Club Atlantic Chapter’s Wetlands Committee. “Unlike New York, all of our neighboring states already protect “isolated” wetlands regardless of size.”

Advocates urge State Legislators to pass the Clean Water Protection and Flooding Prevention Act, A.7905 DiNapoli/S.4480 Marcellino. If passed into law, this bill would allow New York’s Department of Environmental Conservation to regulate wetlands left unprotected by the changes in federal policy. In addition, advocates argued for stronger federal protection.

Marcia Bystryn, Executive Director of the New York League of Conservation Voters said, “We strongly urge the State Senate and Assembly to pass the Clean Water Protection and Flooding Prevention Act. At a time when the federal government is failing to protect our precious wetlands New York State must take action. Preserving our wetlands cannot be left to chance.”

Protecting Wetlands: A Survey of Northeast States’ Laws