Can You Build On Wetlands?

This video discusses wetlands and if it’s possible to build on a parcel where wetlands are identified.

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[Buffalomodular]

here is an update we recently received on wetlands: WETLANDS UPDATE: Anyone buying or selling property that contains wetlands, particularly if they hope to develop the land, needs to know that they may need to obtain freshwater wetlands permits before beginning work. DEC made updates to the way wetlands are regulated on January 1, 2025. All wetlands 12.4 acres or larger are now regulated, as are smaller wetlands of "unusual importance" if they meet one of 11 newly established criteria listed in the new legislation. One of these criteria is location in an urban area. For more details please see the Freshwater Wetland Program.



A freshwater wetland Jurisdictional Determination (JD) is a formal assessment conducted by DEC to determine if an area is a regulated freshwater wetland and is an integral step in determining if an activity will require a permit. After a request for a jurisdictional determination is made, DEC has 90 days to provide a JD letter which is effective for 5 years after the date of issuance. More information, including instructions on how to request a jurisdictional determination, is available on the Freshwater Wetland Jurisdictional Determination webpage.



If there is a wetland, or wetland adjacent area, on the parcel, a permit is required for any activity that could adversely affect the wetland. This includes, but is not limited to:

construction of buildings, roadways, septic systems, bulkheads, dikes, or dams;
placement of fill, excavation, or grading;
modification, expansion, or extensive restoration of existing structures;
drainage, except for agriculture; and
application of pesticides in wetlands.


More information about freshwater wetland permits is available on the Freshwater Wetland Permits webpage.



DEC hosted and recorded a webinar to provide information and answer questions about the updated Freshwater Wetlands Program. View the recording



 New York State Department of Environmental Conservation




Buffalo Niagara Association of REALTORS
www.bnar.org

[natrona]

Thx - great info re. wetlands! What happens if you have to cross over a wetland area to get to the area of the parcel where you can build? Can you put a driveway through the wetland?

[briancrink]

so generally speaking, there shouldn’t be any problems with tiny houses on wheels on land with wetlands considering there is no permanent foundation built?

[gost]

I have a 2 acre wetland in Pensacola Florida to buy, and I'm not sure before I buy the land,

1. If I can a build a house on it

2. Can I fill it with trucks of gravel/sand

These questions the county didn't want to answer for me

Thank you if you reply I'd appreciate it

[JoseCastro-zcwz]

I’m not sure if the land is considered wetlands, but I am currently looking to buy a pre-construction home in the Florida keys. When I walked the property, I noticed that the ground is muddy throughout. It’s a small lot by the beach. The builder already has building permits and the army corps is going to be removing some mangroves. They will be filling the land to make it stable to build. My question is, how safe is that as an investment? Outside of the risks associated with buying a house in the keys. Is that something that is going to need regular maintenance or cause me problems down the road? Everyone i ask down here makes it seem like it’s no big deal. Thank you for any feedback you can provide in advance.

[kyawlinthein]

Hello, We are start looking for our dream home and what we need to look out when we hire the wetland survey company here in florida ? Thanks...

[renixcharles]

What if the wetland is between where the house is supposed to be and the roadway

[zerotoinfmath]

In Canada, you can't build within 60m / 180 feet of wetlands boundaries. That makes the situation much worse than you thought.

[KingMoses]

Thank you for the video, can the area that’s considered federal wetlands change over time? Say the stream has re routed, do they still deem the old area as wetlands? Also are you able to take trees down?

[Jamesocop]

How do you determine if the wetlands is Federal or State? And is it possible for a surveyed wetlands to not be classified as wetlands by Fed or State? They clearly don't agree on what is wetlands.

[jonasgranlund]

I built on wetlands near a lake in Sweden but it was quite a lot of extra cost to "pole" the ground where the road to the house and the house foundation was going to be. But with a large 60 Tonh excavator and hammer hydraulics that hammered down the poles around 10m it was only around 1 week of extra job before they could start with the foundation. But I guess a geotest is needed before it is possible to use Poles and how far into the ground they need to be. Do you use poles in this way in your area?

[aarongerber]

Thanks for the video. Wondering if u can help me. I just bought some rural/residential land.
Septic design is approved already.
However no soil tests have been done on the prepared homesite of the property.
The ground is a little wet and there is a creek down a slope from homesite.
It is not considered wetlands but will I have an issue digging and pouring a concrete slab here? Or due to the wetness would I have to do a post and pier foundation?

[babyetoys]

What does 30' buffer and 40' setback and also area to be replicated mean when you are building around wetlands.

[nymcbikers]

Yes one wetlands for tress fall down easier I’m thinking it’s rocky soil so probably also I’m guessing it depends on the trees I’m guessing willows and swamp ash can handle wetlands better

[giovannidodaro]

What if I have to install a driveway to cross NYS wetlands. To get to the upland ?

[mrxyooj]

Can a small cabin or shed be build on emergent wetlands in a wooded parcel lot that is part of a private property and not state or fed?

[juliefallesen]

Looking at buying land in WNY that has forest Federal Wetlands on it NOT State. Are my horses allowed to graze and move around the wetlands?

[GlennKelich]

Is it possible to relocate a wetland? We would like to build where the wetland currently is and have heard this is possible. Any experience with it?

[manwar]

In MA and RI, can one place an elevated modular structure (or a tiny raised structure) over the wetlands?

[scottschaeffer]

No. Everybody wants low density housing, green space(s), flowing traffic, parks, wildlife, small town charm, etc. and all of the sudden, it’s gone. The developers made their money, and your left with urban sprawl, and splatter. “Gee, there’s a nice woods, let’s put a house in the middle of it”, OMG.