Understanding New York's Permitting Process and Crafting Your Lake Management Strategy

Imagine the return of warm summer weather, perfect for family boating, swimming, and fishing. However, upon arriving at the lake, you’re confronted with surface algae and spreading aquatic weeds, ruining your anticipated day on the water with unpleasant water quality. Don’t let this become your reality; take preventative action.

Whether you oversee a large recreational lake or a small stormwater pond, poor water quality can negatively impact its usability and appearance. Maintaining healthy water quality can be challenging. Our lake management experts collaborate with community managers, private landowners, golf course superintendents, and municipalities to help them achieve and sustain beautiful, clean water for everyone’s enjoyment.

The State of New York places a high priority on the maintenance of clean and healthy lakes, ponds, and wetlands. Consequently, any proposed management activities in these areas necessitate prior authorization through a permitting process. A thorough understanding of the requirements and adherence to all specified deadlines are crucial for successful permit acquisition and the continued ecological integrity of these waterbodies.

Maintaining healthy water isn’t easy and it requires regular maintenance and monitoring by lake management professionals. Without ongoing management, waterbodies can become inundated with organic matter, sediment, debris, and other pollutants that can cause aesthetic, ecological, and functional problems.

Implementing sustainable solutions like submersed aerators, surface aerators, floating fountains, and shoreline restoration tools can help you maintain balanced water quality. When water quality is balanced, problems like algal blooms, foul odors, and invasive aquatic weeds are less likely to develop. It’s important to note that in order to implement these solutions in New York, you must acquire the appropriate permits from local authorities.

New permitting laws in New York, effective January 1, 2025, significantly expand the New York State Department of Environmental Conservation’s (NYSDEC) authority over freshwater wetlands. These regulations implement amendments made in 2022 to Article 24 of the Environmental Conservation Law (ECL), the State’s Freshwater Wetlands Act (FWA).

NYSDEC estimates that this expansion of jurisdiction could encompass one million acres of freshwater wetlands that were previously unregulated.

Regardless of past permitting requirements, all current work on lakes, ponds, and wetlands must now adhere to these updated regulations. Permits must be obtained for many different types of environmental work, including the management of waterbodies. Violations of regulatory requirements can be severe, ranging from steep fines to liens against a property.

Unfortunately, the permitting process can be confusing and downright frustrating! Partnering with aquatic professionals with years of experience in lake and pond management permitting can alleviate these frustrations and help ensure you meet all requirements within the correct timeframes.

Before enacting any lake or pond management strategies in New York, obtaining the necessary permits is a crucial first step. Primarily filed with the New York State Department of Environmental Conservation (NYSDEC), these permits safeguard the environment and promote the responsible management of water resources. This process can take up to three months, which makes planning ahead crucial to ensure you can implement the necessary lake and pond management solutions during the appropriate seasons. Be aware that waterbodies or properties classified as wetlands may require additional permits, potentially extending the approval timeframe by an additional three months or more.

The New York State permitting process for lake and pond management can take up to three months or more, so it’s crucial to plan ahead. To ensure the timely implementation of management solutions before warmer weather and the growing season, it’s best to consult with a lake management professional about your plan at the end of the year or early in the new year. Delaying permit submission could mean postponing your management program until the following year, potentially leading to water quality problems in your lake or pond.

While obtaining permits is a necessary step, partnering with a lake management company can simplify the process, as their expertise helps ensure accurate and timely completion of applications. Starting the permitting process in winter is a proactive approach to ensure the continued health and success of your waterbody.

Contact your lake management professional to lock in your annual management program.