MAYVILLE, N.Y. — Officials in Mayville and nearby Chautauqua have not committed to a legal battle against newly proposed state wetlands regulations, despite mounting pressure and advocacy from local organizations. Jim Wehrfritz, president of the Chautauqua Lake Property Owners Association (CLPOA), outlined the group’s objections and impending legal strategy during a recent village board meeting.
Wehrfritz criticized the regulations for being “arbitrary and overly broad,” during his presentation in Mayville. He emphasized concerns over the State Department of Environmental Conservation’s (DEC) criteria for defining wetlands, which he suggested could unjustly affect substantial portions of shoreline property. Wehrfritz’s discussion highlighted a widespread unease with the sweeping nature of the new rules, which he claimed made it necessary for property owners to seek a “jurisdictional determination” from the DEC before proceeding with any development activities.
Amidst these regulatory controversies, Wehrfritz took his case to multiple municipal boards around Chautauqua Lake, seeking allies for an Article 78 lawsuit aimed at stopping the regulations. He informed the Mayville Village Board that the lawsuit, slated to be filed by April 30, would challenge the regulations’ legality on several grounds, including alleged deficiencies in the regulatory impact statement and other mandatory analyses.
Despite these endeavors, other areas including the towns of Ellicott and Busti have declined to join the legal effort, although the town of Ellery and the Builders Exchange of the Southern Tier Inc. have pledged their support. Wehrfritz asserts that combatting these rules in court remains the only viable option after appeals to Albany officials for delays fell on deaf ears.
At the heart of the matter lies concerns over the DEC’s definition of wetlands based on perennial weed growth — a classification Wehrfritz described as indicative of an overreach that could lead to significant repercussions for shoreline management and property rights.
The Mayville Village Board, led by Mayor Rick Syper, refrained from voting on joining the lawsuit during the meeting. Syper conveyed that while initial membership in the lawsuit demands no financial contribution, future costs as a co-petitioner remain a possibility.
Trustees on the board expressed mixed reactions. Mark Perry viewed the lawsuit as more of a lobbying effort, whereas Bill Ward preferred waiting for input from local entities like the Chautauqua Lake Association and the Chautauqua Watershed Conservancy, which, during a recent symposium, had reported minimal concerns over the new regulations impacting lake programs. Responding to these regulatory developments, the Chautauqua Town Board, led by Supervisor Don Emhardt, passed a Wetlands Compliance Waiver the following evening, which mitigates the town’s liability for state fines related to wetland violations on issued building permits.
As these communities negotiate their positions, the broader implications of the DEC’s regulatory approach loom large, influencing discussions on environmental stewardship, property rights, and local governance.
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