On April 8, 2026, the Albany County Supreme Court issued a decision that impacts DEC freshwater wetlands regulations. The New York State Supreme Court invalidated Part 664 in its entirety due to noncompliance with the State Environmental Quality Review Act (SEQRA). The court determined that the regulations in question are “null and void”. They did not overturn the 2022 statutory amendments themselves; instead, it invalidated the DEC regulations established to carry out those amendments.
The DEC will require applications for projects that impact Previously Mapped Freshwater Wetlands and/or wetlands of 12.4 acres or greater in size.
Positive jurisdictional determinations issued before April 8, 2026, remain valid if they pertain to Previously Mapped Freshwater Wetlands or exceed 12.4 acres in size. Requestors who received a positive jurisdictional determination between January 1, 2025, and April 8, 2026, and whose jurisdiction letter references Unusual Importance criteria without mentioning Previously Mapped Wetlands will need additional review by the DEC. Recipients of these jurisdictional determination letters are encouraged to complete the online Reassessment of Jurisdictional Determination Request to ensure compliance with the updated regulations.
