Freshwater Wetlands Regulations Update June 2026

Summary

Key Points

• Wetlands are defined by the presence of water (hydrology), saturated soils (hydric soils), and vegetation adapted to wet conditions (hydrophytic vegetation), with New York State's regulations heavily relying on vegetation. 1:32
• Wetlands provide crucial benefits including flood protection, erosion control, water purification, vital wildlife habitat, climate regulation through carbon sequestration, and opportunities for recreation and tourism. 3:12
• New York State's freshwater wetlands regulations have reverted to a hybrid system following the annulment of the 2025 regulations in mid-April, now primarily regulating previously mapped wetlands and those 12.4 acres or greater. 6:42
• Current jurisdictional criteria include previously mapped freshwater wetlands and unmapped wetlands that are 12.4 acres or greater, with this threshold dropping to 7.4 acres in 2028, and also considering hydrologically connected wetlands within 50 meters. 9:16
• The annulment of the 2025 regulations means that "unusual importance criteria" (like urban wetlands or vernal pools) are not currently regulated, though they remain in statute, and future regulations are planned to address them. 12:02
• Individuals who received a positive jurisdictional determination between January 2025 and April 8th, 2026, based on unusual importance criteria (not previously mapped), should submit a reassessment request. 14:52
• Regulated activities include new construction, clear-cutting, excavation, dredging, draining, filling, and applying pesticides, while exempt activities cover ordinary maintenance, existing structures, standard agricultural practices, and outdoor recreation. 16:43
• The Environmental Resource Mapper (ERM) provides three layers—previously mapped (jurisdictional), informational (predictive, non-regulatory), and National Wetlands Inventory—which serve as tools to help determine the likelihood of jurisdictional wetlands. 18:30
• The jurisdictional determination (JD) process involves three steps: determining if an area is jurisdictional, conducting a wetland delineation, and then submitting a project JD to assess impacts and determine permit needs. 27:37
• The permitting process follows a hierarchy of avoid, minimize, and mitigate impacts to wetlands and their 100-foot adjacent areas, with general permits available to streamline the process for projects with limited environmental impact. 37:58