With New York State’s new wetland rules now in effect, many homeowners near Esopus Creek are unsure if they need permits for tree removal. It’s estimated that a couple thousand local homeowners live within a quarter mile radius of the Creek, which begins originates at Winnisook Lake on the slopes of Slide Mountain and runs for 65 miles into the Hudson River in our hometown of Saugerties.
The good news? The vast majority of tree work, especially for homeowners, near the creek requires a lengthy or expensive permit process. But the rules have changed as of January 1, 2025, and it’s worth knowing when a quick general permit applies, and when you need to do more, as fines for noncompliance can range from $5,000 to 50,000.
A New Landscape: DEC’s Expanded Wetland Rules
On January 1, 2025, the NYS Department of Environmental Conservation (DEC) enacted new regulations under its Freshwater Wetlands Protection Program. These changes:
- Expanded the definition and mapping of protected wetlands and adjacent areas
- Increased DEC jurisdiction statewide by over one million acres
- Created a new general permit (GP-0-25-003) to simplify approval for routine activities, including tree removal
So yes, protections are broader. But no, that doesn’t mean you need a lawyer you want to take down a tree.
General Permit = Simpler Process
As of January 1, 2025, DEC General Permit GP-0-25-003 covers most common tree removal activities near wetlands or Esopus Creek, including:
- Removing dead, diseased, or hazardous trees
- Selective cutting of non-native species
- Invasive species management (e.g., Norway Maple)
- Routine maintenance and minor vegetation clearing
If your property qualifies, this means that there’s no lengthy application process, no permit costs and minimal delays.
When You Need More Than a General Permit
However, if any of the following apply, you may need a jurisdictional determination or individual permit:
- You’re removing trees as part of construction or development
- You’re within 100 feet of Esopus Creek and the work could disturb the streambank
- You’re in a designated wetland of unusual importance
- You’re doing large-scale clearing or altering grade, slope, or soil stability
- Your property is in a newly regulated area under the 2025 wetlands expansion and hasn’t yet been mapped
This permit is statewide and applies to many properties near Esopus Creek as long as the total disturbance is under certain thresholds (usually 1/10 of an acre for wetlands or adjacent areas).
Who is Affected?
You can check out New York State’s Environmental Resource Mapper here, which has layers that show a radius of what are considered surrounding wetlands of the Esopus Creek and other estuaries.
It’s estimated that about 2 to 10% of Ulster County’s total housing stock is within a 300-foot wetland buffer. If you’re not 100% sure of where you stand with this, you can request a Parcel Jurisdictional Determination here, which can take up to 90 days.
What Ulster County Homeowners Should Do
Ultimately, we have had a lot of experience over the years in navigating these situations with homeowners. Dealing with the bureaucracy is never certain for the uninitiated, but with our help, we can make sure that you get your trees removed or trimmed without risking a fine, and more importantly, while respecting your property and leaving no trace behind.