Protect Our Wetlands
From Don Pachner

The Bedford Audubon Society strongly supports Governor Pataki's proposal in the 2005/2006 budget to protect our state's freshwater wetlands by closing the SWANCC loophole that has been created by court cases on the federal level. The SWANCC case has reversed the jurisdiction of the federal government under the clean water act in cases involving filling if isolated fresh water wetlands.

A 2004 survey by the Natural Resource Defense Council found over 180 wetlands across that state that have already been denied federal protection. In the eastern portion of the state, the New York District, the Army Corp of Engineers determined they lacked jurisdiction over 25% of the wetlands they evaluated. In the western portion of the state, the Buffalo District, the Corps determined that they lacked jurisdiction in over 50% of wetlands evaluated. With so many wetlands in danger of destruction it is urgent that the State Legislature act quickly, in the course of passing the state budget, to expand New York's wetland protection program to conserve all of the state's wetlands.

New York should not be the only Northeastern state to stand by while a class of the state's smaller wetlands are destroyed. Bedford Audubon does not believe that New Yorkers care less about safe drinking water, clean water for swimming, or fishing, or protection from flooding than our neighbors in Connecticut, Massachusetts, or Pennsylvania.

We also support the governor's proposal to reinstitute tidal and freshwater wetlands permit application fees and depositing these fees in the conservation fund to support seven additional staff. These fees are an important step towards eliminating taxpayer subsidy of the cost of processing permit applications.

There are two proposals before the legislature to close New York's wetland protection loophole. The first is the Clean Water Protection/Flood Prevention Act (A.2048 by Assemblyman Thomas DiNapoli/S.2081 by Senator Carl Marcellino), which would close the loophole by reducing the size threshold for state regulation from 12.4 to one acre for most wetlands and for wetlands of "significant local importance" there would be no size threshold. The bill also ensures that wetland status is based on scientific criteria, not presence on the state wetlands map.

The second is Governor Pataki's proposal to close the loophole that he included in his budget proposal for 2005-2006. The Governor's proposal adds "isolated wetlands" to the definition of wetlands subject to regulation under New York's program. In order to be subject to regulation, wetlands would still have to be included on the state wetlands maps. However, the bill provides the DEC with authority to assert jurisdiction over wetlands that the agency intends to add to the map. Significantly, there are no size threshold limits for wetlands
determined to be "isolated wetlands".

We urge the members of the Senate and Assembly conference committee to adopt a 2005/2006 budget that accomplishes these goals and safeguards the state's wetlands. It is important to note that the proposals in the legislature and in the Governor's budget do not add any new regulation; they simply replace lost federal regulation. Our regional state senators of both parties have fought valiantly for this legislation during the past session and deserve our thanks. Only the intransigence of Senate Majority Leader Bruno is holding up these crucial environmental regulations during the current legislative session.

You can help by thanking your State Senator for supporting the protection offered by this legislation and letting Senator Bruno know that it is important to his constituents for the crucial environmental protections it provides. Audubon New York has signed onto a memorandum of support for them.

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