The Albany County Supreme Court rendered a decision annulling in its entirety the new 6 NYCRR Part 664 regulations, which, among other things, included new criteria for the designation of wetlands in New York State on April 8, 2026. The regulations imposed a blanket Class II designation on all wetlands classified as “urban wetlands,” extended regulated adjacent areas for nutrient-poor wetlands and vernal pools, and provided criteria for determining wetlands of “unusual importance.” Judge Platkin found that the Department of Environmental Conservation (DEC) failed to comply with SEQRA by failing to identify and take a hard look at areas of environmental concern, and that it failed to provide a reasoned elaboration for its determination of significance (negative declaration) prior to its adoption of the regulations. He also noted the absence of any “reasoned elaboration as to how the imposition of new environmental regulations governing millions of acres of wetlands across the State, viewed in light of ‘the scale and context of the proposed action,’ would have no potential for significant adverse impacts to the environment.”
This decision will likely have significant impacts on municipal review of pending and future land use applications throughout the State.
This is not intended to be legal advice; you should contact an attorney regarding your specific situation.
John Cappello is a partner at J&G Law concentrating in land use, environmental, and zoning law. He can be reached by phone at (845) 764-9656 or by email.