Freshwater Wetlands Program

Revised Regulations

ATTENTION: Notice of Proposed Rule Making for Potential Revisions to Freshwater Wetlands Regulations 6 NYCRR Part 664

6 NYCRR Part 664, Freshwater Wetlands Jurisdiction and Classification 

January 1, 2025 changes to 6 NYCRR Part 664, Freshwater Wetlands Mapping and Classification to Freshwater Wetlands Jurisdiction and Classification to implement amendments to the Freshwater Wetlands Act went into effect. The newly adopted regulations define key terms, describe the revised freshwater wetland classification system, present criteria for the identification of Wetlands of Unusual Importance, and describe procedures the DEC uses in making jurisdictional determinations to enhance consistency and conservation. In 2022, New York's Freshwater Wetlands Act (Environmental Conservation Law Article 24) was amended to make several important changes. The following is a brief summary of the legislative amendments and their effective dates: 

As a result of the statutory changes, DEC amended DEC's freshwater wetlands regulations and update procedural steps to implement these changes.

Additionally, DEC is proposing  statewide general permits to ease the regulatory burden. The draft general permits, when available for comment, can be found on DEC’s Freshwater Wetlands General Permit website.

Regulation Resources

• Text of Regulations (PDF)

• Assessment of Public Comment (PDF)

• Regulatory Impact Statement (PDF) - provides background and additional information. 
• Supporting Documents (PDF) - Regulatory flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis, and Job Impact Statement.

Informational Webinars

Freshwater Wetlands Program

The State Legislature passed The Freshwater Wetlands Act (Environmental Conservation Law Article 24)in 1975 with the intent to preserve, protect, and conserve freshwater wetlands and their benefits, consistent with the general welfare and beneficial economic, social and agricultural development of the state.  

The Act identifies wetlands on the basis of vegetation because certain types of plants out-compete others when they are in wet soils, and so are good indicators of wet conditions over time. These characteristic plants include wetland trees and shrubs, such as willows and alders; emergent plants such as cattails and sedges; aquatic plants, such as water lily, and bog mat vegetation, such as sphagnum moss. 

For a wetland to meet jurisdictional criteria for protection it must:

• , Have an area of 12.4 acres (5 hectares) in size or greater. As of January 1, 2028, the threshold will decrease to 7.4 acres (3 hectares). 
• Meet any of 11 Unusual Importance criteria. . 
• To ensure the functions and benefits of jurisdictional wetlands are preserved, the department regulates a 100 foot 'adjacent area' to maintain protective buffers.  

Wetland Classification

Different types of wetlands provide different functions and benefits. The Act requires wetlands be ranked based on the benefits and values provided. This system establishes four classes that rank wetlands according to their ability to perform wetland functions and provide wetland benefits. Wetlands are ranked Class I as the highest level of protections through Class IV as the lowest level of protections. Lower ranked wetlands still provide important functions and benefits but typically require less protection to continue to provide these functions.

The federal Clean Water Act regulates activities in a similar manner but has slightly different requirements. Landowners are encouraged to contact the U.S. Army Corps of Engineers if they anticipate undertaking activities in or near wet areas.

Regulated Activities

Under the Freshwater Wetlands Act, DEC regulates activities in freshwater wetlands and in their adjacent areas. DEC regulates such activities to prevent, or at least to minimize, impairment of wetland functions.

The wetland categories used in the regulations are identified by the types of vegetation present. The regulations identify:

• classifications of uses;
• procedures for conducting activities in wetlands; and
• requirements for conducting activities in wetlands.

Almost any activity which may adversely impact the natural values of the wetlands or their adjacent areas is regulated. Some activities requiring a permit include:

• construction of buildings, roadways, septic systems, bulkheads, dikes, or dams;
• placement of fill, excavation, or grading;
• modification, expansion, or extensive restoration of existing structures;
• drainage, except for agriculture; and
• application of pesticides in wetlands.

A permit is required to conduct any regulated activity in a protected wetland or its adjacent area. The permit standards in the regulations require that impacts to wetlands be avoided and minimized. 

• If the proposed activity will not seriously affect the wetland, a permit with various conditions is usually issued. 
• If the proposed activity will affect the wetland, the benefits gained by allowing the action to occur must outweigh the wetland benefits lost, in order for a permit to be issued. 
• Compensatory mitigation often is required for significant impacts to wetlands. This may include creating or restoring wetlands to replace the benefits lost by the proposed project.

Informational Wetland Maps

As of January 1, 2025, DEC’s regulatory protections of freshwater wetlands will no longer be limited to wetlands depicted on the NYS Freshwater Wetlands Maps. As of January 1, the NYS Freshwater Wetlands Maps will be referred to as Previously Mapped Freshwater Wetlands. Jurisdictional protections for previously mapped freshwater wetlands will remain as DEC’s jurisdictional authority expands to include wetlands meeting the freshwater wetland definition and state jurisdictional criteria for protection. Jurisdictional determinations and wetland classifications will be made remotely based on wetland acreage and characteristics meeting jurisdictional criteria.

To assist the public in identifying wetland areas that may be jurisdictional, DEC has produced non-regulatory Informational Freshwater Wetland Mapping. The Informational Freshwater Wetland Mapping is for informational purposes only and cannot be relied upon to determine the presence or absence of freshwater wetlands regulated by DEC.

DEC Informational Freshwater Wetland Mapping is available for download through the New York State GIS Clearinghouse. 

How The Informational Freshwater Wetland Maps Were Made

The NYS Article 24 Freshwater Wetland Informational maps were created by The Institute for Resource Information Sciences (IRIS) at Cornell University. The Institution combined three methods: decision tree, statistical, and a process that used Digital Elevation Model (DEM) to identify the wetlands depicted on the informational maps.

Other Wetland Maps

National Wetland Inventory (NWI) Maps

The National Wetlands Inventory (NWI) maps are produced by the U.S. Fish and Wildlife Service (USFWS). The NWI maps contain information on the location and characteristics of wetlands and deep-water habitats. Wetlands are classified using the method described in the Classification of Wetlands and Deepwater Habitats of the United States, published by the U.S. Fish & Wildlife Service. The National Wetlands Inventory appears on 1:24,000 U.S. Geological Survey (USGS) base maps.

The NWI digital data can be downloaded from the U.S. Fish and Wildlife Service. NWI wetlands can be viewed using the Wetland Mapper on the USFWS website.

Wetlands of Unusual Importance

Wetlands of any size that possess any of the following 11 Usual Importance characteristics meet jurisdictional criteria for protection:

1. Watersheds with Significant Flooding: Wetlands located within a watershed experiencing significant flooding.
2. Urban Areas: Situated within or adjacent to an urban area, as defined by the US Census Bureau.
3. Rare Plants: Contains rare or endangered plant species. 
4. Rare Animals: Provides critical habitat for essential behaviors of endangered, threatened, or special concern species, or species of greatest conservation need (SGCN).
5. Class I Wetland: Classified as a Class I wetland, indicating the highest ecological value.
6. Local Importance: Previously mapped and classified as a wetland of unusual local importance 
7. Vernal Pools: Identified as a vernal pool that supports productive amphibian breeding.
8. Floodways: Located within a FEMA-designated floodway, highlighting its importance in flood mitigation.
9. Previously Mapped: Previously mapped by the department on or before December 31, 2024.
10. Regional Significance: Holds local or regional ecological significance. 
11. Water Quality: Plays a significant role in protecting the state’s water

Contacts for Freshwater Wetlands

DEC's Freshwater Wetlands Program resides in the Division of Fish and Wildlife. Most aspects of the wetlands program are implemented by Division staff in regional offices, they can be reached at the below emails.