Enforcement gaps and disappearing wetlands: New Paltz can’t protect what it won’t fund
June 10, 2025
The Environmentalist.
If a tree is cut down in the wetlands and no one can afford to file the paperwork… is it still a violation?
That might sound like a joke. But in New Paltz, it’s a painful reality.
At the March 24 Planning Board meeting, the board raised a familiar concern: property owners disturbing wetlands without permits. Trees cleared. Fill dumped. Buffers ignored. When asked what the Town could do, Supervisor Amanda Gotto answered plainly:
“It’s a budget issue.”
There isn’t enough money to send the Town’s attorney to pursue these violations in court.
Let that sink in. We have laws on the books to protect wetlands and trees, but when those laws are broken, our only recourse is too expensive to use.
Our enforcement laws are broken
Right now, the Town’s typical chain of enforcement goes something like this:
A concerned citizen reports a potential violation (a neighbor, board member, inspector).
The Code Enforcement Officer (CEO) does a site visit and confirms it.
If necessary, a Notice of Violation (NOV) or Stop Work Order is issued.
If ignored (which it most often is) the Town refers the matter to its attorney and maybe files a court action.
There are two problems with this, the first being it’s very difficult for the Town to report if there is not an active planning application in the Municollab system.
The second is that at $200+ an hour in legal fees, most minor or first-time violations are dropped before they ever see court because the code states: “for the first offense, be guilty of a violation punishable by a fine of not less than $500 and not more than $1,000.”
The result:
No restoration.
No fines.
And worst of all, no deterrent.
We’re watching our code dissolve from the inside out.
We need a smarter, cheaper alternative
Not every violation needs a lawyer. We have a volunteer Environmental Conservation Board (EnCB) who are perfectly qualified to have a conversation. Recommend a restoration plan and should take the lead on establishing a community-minded, non-adversarial process.
1. Friendly Notification (EnCB)
When a possible wetland or tree violation is reported, the EnCB sends a courtesy letter:
Helping residents understand the issues in plain language
Educating our neighbors on the relevant Town Code
Offers a site visit and collaborative resolution via the EnCB
Encourage action by describing the potential outcomes if they ignore the notification and the town commences legal action
2. Joint Site Visit (EnCB + CEO)
With permission, EnCB and CEO walk the site.
If violation is confirmed, the attendees identify potential restoration restoration plans: replanting, buffers, drainage fixes.
3. Voluntary Restoration Memo
If the owner agrees, a memo of understanding is co-signed:
Lists agreed restoration actions
Avoids legal escalation unless future non-compliance occurs
4. Referral Only if Ignored
If the owner refuses to engage, the CEO sends a formal Notice of Violation.
Only now would legal costs begin.
5. Public Transparency & Reporting
Create a simple public violation reporting form and publish anonymized resolution stats in the EnCB annual report.
Empower our people in the field, not the courtroom
This isn’t about punishment. It’s about restoration and trust. Most landowners want to do the right thing — they just don’t understand the rules, or the ecological value of what they disturbed.
The EnCB could become the Town’s first-responder for environmental violations, offering education, support, and a path to fix harm without a courtroom.
Because if we can’t enforce the code we’ve already written — or can’t afford to — then we’re not protecting anything at all.
Let’s change that.