Watching the wetlands: Perspectives of the APA and Webb

WETLANDS: Q&A

Q: Will the Town of Webb allow someone to build in a wetland?

A: The Town does not have the jurisdiction to regulate wetlands.

Q: So if my property is in the Town of Webb, we can go ahead and fill in or build in the wetland?

A: The previous answer was the Town doesn’t have jurisdiction, the answer was not that you can fill it in.

Q: What do you mean?

A: Inside the “blue-line,” or everything within the Adirondack State Park, the Adirondack Park Agency [APA] has jurisdiction over wetlands. Permits are clearly required for any activity in, or near, a wetland.

Q: Why doesn’t the Town regulate wetland activity?

A: The Town of Webb, like all other towns, is simply not trained or staffed with the appropriate personnel for such a task.

The APA has well educated staff, people having degrees in plant life, biology, marine biology and other areas of expertise enabling them to fully understand the function of a wetland.

Q: Does the Town have any role in wetland regulation?

A: Yes, …sort of. Since any activity in, or around a wetland, may require an APA permit, and the Code Office works well with the APA, and the Code Office does not want to see anyone get in trouble with the APA.

Every effort is made to help the applicant through the process.

Q: What process?

A: The best way to start before ANY project is to file a Jurisdiction Inquiry Form [JIF] with the APA.

As part of the “Inquiry” process, the APA will determine, by the use of wetland maps, aerial imaging and other sources at their disposal, if the property is likely to have any wetlands.

If there is any indication that there may be wetlands, they will send out an Agency Biologist to visit the property. They will “flag” any identified areas.

Q: How long does this process take?

A: If you know you will be doing something, building, cutting trees, putting in a driveway… any type of land disturbance, you could simply call the APA and request a “wetland delineation.”

This may save a little time up front, however a JIF should ultimately be filed anyway for the project because there may be other reasons for APA jurisdiction, other than wetlands.

Q: What is a wetland?

A: Great question! As taken right off the APA website…

(1) Wetlands or freshwater wetlands means any land annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp or marsh, which is

(i) one acre or more in size, or

(ii) located adjacent to a body of water, including a permanent stream, with which there is free interchange of water at the surface, in which case there is no size limitation.

(2) Open waters immediately adjacent to a wetland and lands entirely surrounded by a wetland will be considered part of the wetland if these areas are essential to the preservation of the wetland vegetation.

Q: Someone told me we could fill in a small wetland area, less than one acre in size. Is this true?

A: Maybe, however if it is connected to any other wetland or body of water, in any way, probably not.

Q: There is a road side ditch that drains a small pond 500 yards away that goes through our little tiny wetland. Can we fill that in?

A: Based on the definition of a wetland above, it sounds like it has “free interchange of water at the surface” and, therefore, becomes jurisdictional with APA.

Q: Does this mean filling the area is absolutely prohibited?

A: Another great question! NO… It means that an APA permit is required.

Q: Do you mean a Park Agency Variance?

A: NO, a Park Agency permit. A variance is only required when the requested activity is prohibited.

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The definition of wetlands is stated in technical terms in section 578.3(k) of APA regulations.

Lands will not be considered wetlands unless they also meet that definition.

Procedures for determining the existence of wetlands are set forth in section 571.2 of these regulations.

Wetlands project means those activities in freshwater wetlands or adjacent areas requiring a permit pursuant to section 578.2 of these regulations.