Great Lakes Aquatic Habitat News
The Newsletter of the Great Lakes
Aquatic Habitat Network and Fund
Volume 9, Number 2 • March-April 2001
Great Lakes Aquatic Habitat NewsThe Newsletter of the Great Lakes
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by Maria Maybee, Great Lakes United
The U.S. Supreme Court ruling that could remove protections from many of the Nation’s wetlands sent regulators and environmentalists scrambling to the law books. In New York, around three-quarters of the state’s wetlands are located in the St. Lawrence Valley and the Adirondacks. They function as a giant sponge to reduce flooding. They also act like Nature’s kidney, filtering pollutants out of water. The food and habitat they provide make the North Country one of the most important migratory flyways in North America.
(An excerpt from a document prepared by Terrestrial Environmental Specialists, Inc.)
What does this mean to a developer involved in current or future wetland permitting issues! For the time being, we have no choice but to take a wait and see posture. As the Corps reacts to new applications, as well as requests to withdraw or amend pending applications, some clarification will hopefully be forthcoming. The advice we provide our clients over the next few months will probably change as we see how the Corps responds.
We know, however, a few things will certainly change. First, and most obvious, is the question of whether a wetland is isolated, and thus a non-jurisdictional wetland. That question was rarely raised up until now. They were all jurisdictional wetlands. Now it becomes a major question; a question that not only affects how our clients can use their land, but it may have significant financial consequences when the cost of wetland mitigation is factored into a project.
In addressing the question of isolation, we will now be taking a more expansive look at the relationship between a wetland and its receiving surface water. The nature and extent of any hydrological connection to off-site, and perhaps distant, water bodies may have to be documented to address the adjacent and significant nexus issues. The reaction of the Corps to permit applications over the next few months will dictate how we all deal with wetlands issues.
Western New York Land Conservancy Acquires First Klydel Wetlands Parcel, East Aurora, NY – After more than three years of planning, negotiating, and fundraising, the Western New York Land Conservancy (WNYLC), a regional land trust serving the eight counties of Western New York State, has closed on the purchase of its first acquisition within the City of North Tonawanda’s “Klydel Wetlands”, according to WNYLC President and N. Tonawanda resident, Paul Lehman. The 17.2 acres assembly of parcels was purchased from Wanda and Edward Padlo. “This conservation acquisition was made possible through contributions from a number of sources, but still would not have been feasible had the Padlos not been willing to sell the property for significantly less than the appraised value,” said Lehman. “We very much appreciate their ‘bargain sale,’ which also has potential for charitable contribution tax benefits. The Padlos’ generosity allowed us to acquire the property at approximately one-third of its appraised value,” Lehman added.
“A grant from the Niagara County Environmental Fund, administered by the New York State Center for Hazardous Waste Management at the State University of New York, funded many of the transactional costs, including appraisals, environmental audits, surveys, and title searches,” said Lehman.
Funds to purchase the property came from many sources, including the Buffalo Audubon Society, local fundraising (including two grants totaling $3,500 from E.I. DuPont de Nemours’ corporate office and its Niagara Falls plant), and mitigation contributions required of a number of different developers in the region as conditions of wetland disturbance permits issued by the U.S. Army Corps of Engineers.
“We are pleased to support the wetland protection and conservation education work of the Citizens for a Green North Tonawanda and Buffalo Audubon”, said Lehman. “Our plan for the property is to turn it over to the Buffalo Audubon Society to manage as an outdoor education area and wildlife preserve. We will retain a conservation easement on the property to ensure that it can never reenter the market for residential, commercial, or industrial development”, added John Whitney, co-chair of the WNYLC’s conservation committee. William McKeever, Executive Director for Buffalo Audubon, noted that the parcels represent the nucleus of a hoped-for Audubon Nature Preserve to protect the wetlands and keep them accessible for public enjoyment and nature study.
The Western New York Land Conservancy is working on a variety of projects throughout the region including farmland protection projects in the towns of Amherst and Marilla in Erie County, and development of the Kenneglenn Scenic Preserve in the town of Wales. As a membership-based organization, the Western New York Land Conservancy is also hoping to increase the number of members involved in and supporting its conservation efforts. Membership information and project updates can be seen on the WNYLC’s web page: www.wnylc.org.
According to Amy Holt, Land Protection Manager for the Western New Land Conservancy, a number of other transactions are in the final stages of negotiation. Owners of land in the Klydel Wetland or other areas of Western New York who may be interested in donating or selling their land to the Western New York Land Conservancy or establishing conservation easements with the WNYLC for permanent conservation purposes may contact the WNYLC office at 21 South Grove Street, Room 120, East Aurora, NY, 14052 phone 716-687-1225, e-mail: wnylc@wnylc.org.