Quick answer: Wetlands in New York are regulated, and so is the land next to them. Clearing, cutting or applying herbicide in a wetland or its adjacent area generally requires approval from the state, the town or both. Vegetation work is possible, but it starts with knowing where the boundaries are.
Why are wetlands protected?
Wetlands store floodwater, filter runoff before it reaches bays and drinking water, hold shorelines in place and provide habitat for fish, birds and wildlife. On an island surrounded by water and dependent on its aquifer, they do work that is expensive to replace.
What is regulated on Long Island?
- Freshwater wetlands. Regulated by the NYS Department of Environmental Conservation, along with an adjacent area that generally extends 100 feet from the wetland edge.
- Tidal wetlands. Also regulated by the DEC, with an adjacent area that can extend up to 300 feet inland.
- Local rules. Many Long Island towns and villages have their own wetland codes and setbacks, which can be stricter than the state's.
The wetland on a property is not always obvious. Areas that are dry for much of the year can still be regulated, which is why boundaries should be confirmed before work is planned.
What are the common vegetation problems?
The most frequent is phragmites, the tall invasive reed that forms dense stands along shorelines and marsh edges, crowds out native plants and blocks water views. Other issues include invasive vines and shrubs moving into buffers, and overgrowth that blocks drainage.
How is wetland vegetation managed within the rules?
- Confirm the boundary. Identify the wetland and adjacent area on the property.
- Get the approvals. Determine which state and local permits the work needs.
- Use selective methods. Target the invasive plants and leave native vegetation in place.
- Use the right products. Only herbicides labeled for aquatic or wetland sites, applied by certified applicators.
- Time the work. Treat when the plant is most vulnerable and impacts on wildlife are lowest.
- Replant. Native plants in the cleared area keep invasives from returning.
What should a property owner do first?
Do not cut or spray first and ask later. Unpermitted work in a wetland or buffer can lead to fines and required restoration. Start with a site review so the plan and any permit applications are built on what is actually there.
Related: Invasive plant control | Pond weed and algae management
This article is general information, not legal advice. Wetland rules vary by site and change over time, so confirm requirements with the NYS DEC and your town or village.