New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 578 - Special Provisions Relating to Freshwater Wetlands › Section 578.8 - Impacts of certain regulated activities

Current through Register Vol. 46, No. 28, July 10, 2024
Regulated activities will usually have the following
					 impacts:
(a) Draining of wetlands
				  lowers average water table elevations. It may increase downstream peak flows
				  and, if normal flow channels are blocked, decrease water storage capacity and
				  downstream base flows. Secondary impacts may occur, such as a successional
				  change in wetland vegetative covertype toward drier types, increased water
				  temperatures, and changes in fish and wildlife use. Complete draining can
				  eliminate wetland vegetation or wetlands themselves.
(b) Dredging, excavating, or channelizing
				  wetlands, or removing soil, mud, sand, shells, or other aggregate from wetlands
				  may increase water depth and remove wetland plant species, altering the basic
				  substrate characteristics. Wetlands may be eliminated by creating water levels
				  too deep for wetland vegetation to survive. Fish and wildlife feeding or
				  reproductive use may be altered. Water storage capacity may be increased while
				  changes in covertype variability, turbidity, sediment deposition and substrate
				  erosion may result.
(c) Filling,
				  dumping, or construction of roads may decrease wetland area, hence decreasing
				  the multiple benefits derived from wetlands. Impacts may extend beyond the
				  boundaries of the filled area especially if surface or subsurface water
				  movement is affected. For example, loss of storage capacity may result in
				  increased sedimentation of adjacent waters. Ancillary use of the filled area
				  could lead to runoff or leaching of noxious materials or chemicals. Extraneous
				  material incompatible with the wetland (such as certain metals or waste oil and
				  other chemicals) may adversely impact water quality and fish and wildlife use.
				  Such activities may degrade the aesthetic character of the wetland. Ultimately,
				  filling may eliminate a wetland entirely.
(d) Creation of impervious surfaces in
				  wetlands, irrespective of other associated developmental activities, may
				  increase surface runoff and thereby may increase turbidity, sedimentation and
				  water flow through wetlands. Increased water flow through wetlands may increase
				  erosion, interfere with natural biological and chemical processes, change
				  covertype patterns, and alter temperatures. Decreases in the functional
				  capacity of wetlands may result as may also introduction of incompatible
				  materials or chemicals (such as trash or gasoline) from the impervious surface
				  over wide areas of the wetland.
(e)
				  Erecting structures in wetlands, irrespective of other associated developmental
				  activities, may shade and thus alter wetland vegetation, obstruct or interfere
				  with surface or subsurface water flow, and interfere with fish and wildlife
				  use.
(f) Placing obstructions or
				  driving piles in wetlands may interfere with surface or subsurface water flow,
				  or increase water levels, thus affecting wetland water supply, flooding
				  potential and vegetative patterns. The level of impact is related to the amount
				  and location of obstruction. The placing of piles for support of other
				  structures may be a reasonable alternative to placement of fill when water
				  storage capacity or hydrologic absorption values are the primary benefits
				  derived from the wetland, especially when such placement of piles will not
				  create a hazardous obstruction to flowing water containing ice or other
				  water-borne material.
(g)
Introducing sewage wastewater treatment effluent or installing septic
				  tanks or sewer outfalls
in wetlands or adjacent areas may contaminate
				  ground or surface water with undesirable nutrients or organisms. Excessive
				  nutrient loads may alter the vegetative composition or fish and wildlife use,
				  and/or affect the suitability of water for human use. Organisms introduced with
				  wastewater effluent may create a general health hazard. Effluent may increase
				  successional rates through the introduction of excessive levels of nutrients or
				  by warming ambient water temperatures. Abnormal levels of water may be created
				  in wetlands. These impacts may interfere with fish and wildlife as well as
				  human use of water resources.
(h)
				  Construction of dams, dikes, and other impoundments and control structures in
				  wetlands or on water bodies running through them usually increases water levels
				  or restricts water flow, altering or eliminating wetland vegetation, and may
				  destroy whole wetlands.
(i) Other
				  regulated activities may introduce or increase toxins, noise and other forms of
				  pollution, remove or reduce vegetation or expose soil to erosion. Such
				  activities include, for example, the operation of all-terrain vehicles and
				  airboats, construction of utilities in existing or new corridors, either
				  overhead or underground, disposal of chemicals, introduction or discharge of
				  pollutants, application of pesticides and other chemicals, disposal of solid
				  wastes, clearcutting or other timber harvesting practices, and construction or
				  removal of groins, bulkheads, berms or levies.