State Sen. George Borrello echoes what Assemblyman Andrew Goodell has been told – that there shouldn’t be substantive changes on Chautauqua Lake when wetland regulations change on Jan. 1.

Borrello, R-Sunset Bay, issued a news release Monday after weeks of reporting by The Post-Journal on the DEC’s proposed wetlands changes. Lakewood village officials have raised concerns about the future of Burtis Bay if the area eventually falls under heightened watershed regulations, including a possible decrease in home values in the area. Homes along Chautauqua Lake’s shores make up more than 25% of the county’s total taxable value.

“That is why I have been engaged in conversations with the DEC about this issue in recent weeks and have communicated to them the vital necessity of ensuring any wetland designation change does not impact property owners or the recreational use of the lake,” Borrello said. “They have assured me that any changes will not impact existing usage and activities. For example, anyone who has a dock, whether it’s permanent or seasonal, will not be impacted. New York state’s tendency to overregulation is well-known, which is why we will continue our dialogue with DEC as the regulatory process moves forward. However, I believe their assurances should satisfy our concerns for the moment, with an understanding that we will continue to monitor the process to make sure they deliver on their commitment. As more questions arise, we will continue to advocate for all who have invested in our community and enjoy our lake.”

Goodell, R-Jamestown, said he had been told by DEC attorneys that major changes wouldn’t be forthcoming on Chautauqua Lake. But the DEC’s responses to questions from The Post-Journal didn’t assuage concerns from Ellen Barnes, a Lakewood Village Board member, nor Jim Wehrfritz, a former lake consultant for the town of Ellery who has been extensively involved in lake issues for the past several years. Through a Freedom of Information Law request, Wehrfritz said property values in the South Basin will decrease.

TJ Pignataro, DEC assistant public information officer, told The Post-Journal a couple of weeks ago that, “There are a number of existing docks in areas that may be subject to regulation once the new law takes effect, but typical maintenance and repair of these existing structures and seasonal removal and replacement are exempt.”

Pignataro added that all areas within the lake supporting more than 12.4 contiguous acres of wetland vegetation will be regulated by the Article 24 Freshwater Wetlands Act.

In 2022, according to the Department of Environmental Conservation, Gov. Kathy Hochul signed into law historic revisions to New York’s Freshwater Wetlands Act. New York’s original Freshwater Wetlands Act was enacted in 1975 to regulate activities near larger wetlands, greater than 12.4 acres, and smaller wetlands considered to be of unusual local importance. The new wetlands law eliminates the use of the old, inaccurate wetland maps and clarifies that all wetland areas greater than 12.4 acres are subject to Article 24 regulations. Freshwater wetlands are lands and submerged lands – commonly called marshes, swamps, sloughs, bogs, and flats — that support aquatic or semi-aquatic vegetation. 

“It is likely that much of the South Basin will be considered regulated wetlands, particularly the shallow areas containing submerged vegetation ringing the shoreline. The process of delineating New York State regulated wetlands is guided by New York’s delineation manual and focuses primarily on an evaluation of the dominant plants growing in a particular area,” Pignataro told The Post-Journal in a story published March 2.