Andrew Molitor, Michael Bobseine
The two candidates for the 150th State Assembly seat are looking at ways to maintain use of Chautauqua Lake while addressing New York State’s Freshwater Wetlands Act.
Democrat Michael Bobseine and Republican Andrew Molitor have similar goals but are approaching the issue of protecting property owners’ rights in state-designated wetlands differently.
The State Legislature amended the original Freshwater Wetlands Act in 2022. The amended law does away with the existing State Department of Environmental Conservation generated wetlands maps indicating areas of regulated wetlands; decreases the size of regulated wetlands from 12.5 to 7.4 acres (and possibly smaller wetlands of “critical concern”); provides for creation of “informational” wetlands maps to guide regulation and permitting; and further defines activities requiring NYSDEC permits.
Bobseine, who said he attended the Chautauqua Lake Symposium held on June 2, said if he’s elected he will propose an amendment to the Freshwater Wetlands Act, “…that clearly states the activities that are exempt from the wetlands permitting requirements. The amendment will put into law exemptions for existing and permitted uses that are presently exempt and remove the fear of regulatory overreach impacting property owners’ and municipalities’ current existing docks or piers or other structures in designated wetlands.”
Bobseine added that his proposal would protect all in-land freshwater lakes across the state and be all-inclusive.
Molitar stated in a press release that, “The DEC should not redefine lands and waters that homeowners, businesses, and municipalities have never considered freshwater wetlands before.”
He went on to say, “This is why I fully support proposed legislation from Senator (George) Borrello and Assemblyman (Andy) Goodell to make it absolutely clear that navigable lakes are exempt from wetland regulations; this legislation protects all of the lakes in Chautauqua County and across New York State.”
Borrello’s bill, which did not pass before the end of the Legislature’s session, would have exempted inland lakes that are navigable waterways and have an area of 150 acres or more from freshwater wetlands designations.
In a Zoom conference in March of this year, DEC Officer Roy “JR” Jacobson informed local elected officials that regulatory maps being used are outdated in terms of where wetlands actually exist in the state, “For Chautauqua Lake that’s a significant thing because the statute says submerged aquatic vegetation is a wetland plant and in the past we’d only regulate those sections of the lake that were on our regulatory map. That’s going to change come January 2025.”
Jacobson said about 1 million acres of wetland are missing from the old maps.
He said one of the changes is not scheduled to happen until 2028 when the size of an area to be considered a wetland will reduce from 12.4 acres to 7.4 acres. He said there will be portions of Chautauqua Lake that will meet those new regulations.
However, Jacobson, said there will be exemptions within those wetland areas, “If somebody already has a dock out there and they’re just maintaining that or taking it in and out seasonally, that’s all unregulated. That is an exempt activity. New docks though, yeah, that will need permits. We regulate the wetland within 100 feet of the wetland boundaries, so for the lots that are adjacent to the lake, there may be permitting that’s needed, but again, any maintenance or repair of existing structures is exempt.”
Jacobson said the use of herbicides won’t be ruled out in wetland areas, “We still have our aquatic pesticide permit that has to be issued, but what I envision having is a general permit that allows the treatment of wetlands, the treatment of vegetation in the wetland and adjacent area as long as it meets the aquatic pesticide permit requirements.”
Jacobson said the statewide maps are supposed to be made available by October or November. He added that there will be additional opportunities for public input on these changes.
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