Over the last year, the New York State (“NYS”) wetlands permitting and statutory regime has been flooded with activity as the impacts of the 2022 statutory amendments ripple outward. The 2022 changes were amendments to New York State Environmental Conservation Law Article 24, the Freshwater Wetlands Act, expanding the New York State Department of Environmental Conservation’s (“NYSDEC’s”) authority to regulate wetlands.
On January 1, 2025, NYSDEC’s new wetlands regulations came into effect at 6 NYCRR Part 664. In April, four lawsuits were filed challenging the 2022 changes and the regulations.
In mid-July, NYSDEC issued the Solar Photovoltaic Projects General Permit GP-0-25-004 (the “General Permit”) which incorporates the new regulations and facilitates the construction of solar projects with a nameplate generating capacity of no more than 25 MW within or near state-regulated freshwater…
