Prime Wetlands: Study, Designation and Thereafter Sandy Crystall, PWS Wetlands Bureau Nov 2009
Introduction • Wetlands and their protection in New Hampshire • Why designate prime wetlands? • Process and effect of designation • Permitting after designation
Law: RSA 482-A:1 “It is found to be for the public good ... to protect and preserve its submerged lands ... and its wetlands ... from despoliation and unregulated alteration because ... that would affect the value of these areas ...”
Wetlands Dredge and Fill Law: RSA 482-A:1... For the Public Good • Commerce, recreation and aesthetic enjoyment. • Adequate groundwater levels. • Ability to handle the runoff of waters. • Natural ability of wetlands to absorb flood waters and silt. • Habitats and reproduction areas for plants, fish and wildlife. • Sources of nutrients for finfish, crustacea, shellfish and wildlife. • Interests of the general public.
Protected Resources • Freshwater wetlands • Tidal wetlands • Surface waters and banks • Sand dunes • Upland tidal buffer zone (100 feet) • Uplands adjacent to prime wetlands (100 feet)
Wetland Delineation • Water at or near the surface • Hydric soils – Poorly drained – Very poorly drained • Prevalence of wetland vegetation 1987 US Army Corps of Engineers manual 2004 v3 NEIWPCC- Field Indicators for Identifying Hydric Soils 1988 US Fish & Wildlife Service Plant List
What Activities are Regulated in Most Jurisdictional Areas? Fill Dredge Construction
RSA 482- -A:15 A:15 RSA 482 Any municipality may undertake to designate, map, and document prime wetlands lying within its boundaries.
What Qualifies as a Prime Wetland? • In general, the “wetter” wetlands.... – Must have at least 50% very poorly drained soils (changed in 1992 from 100% vpd req’ment) • Of substantial significance – Size – Unspoiled character – Fragile condition – Other relevant factors
Why Designate Prime Wetlands? • Prime wetland buffer protects the functions and values of the wetland. • Affords an increased level of protection... in general... • Specific permitting requirements – More information required – Process provides for greater scrutiny – Public involvement • Educational component
Municipally Designated Prime Wetlands • Communities can designate high value wetlands as prime wetlands after study and vote by residents. • DES applies more protective rules to most projects that impact areas in or within 100 feet of prime wetlands (Chapter Env-Wt 700): – ... the proposed activity, either alone or in conjunction with other human activity , will not result in the significant net loss of any of the values ... in RSA 482- A:1 – Classified as major projects (sometimes...)
Prime Wetlands Public Hearing No Longer Required New! Only existing standards of RSA 482-A:8 • Public hearing is required only for projects: – With significant impact on the resources, or – Of substantial public interest.
Functions of Buffers • Water quality • Water quantity • Wildlife habitat • Recreational opportunities • Aesthetics
Why a 100-foot Buffer? • On average, a 100 foot buffer will remove in the neighborhood of 70% of the pollutants. • Buffers help protect against invasive species. – Mark Bertness and coworkers have shown an association between Phragmites australis at the upper edges of salt marshes and houses along the upland edge. • A 100-foot buffer is more effective in protecting a wetland from pollutants than from the loss of wildlife habitat function.
Municipally Designated Prime Wetlands • Currently 29 municipalities have designated prime wetlands
How are wetlands evaluated for designation as prime?
1. Identify Universe of Wetlands • Determine universe of wetlands – Identify all wetlands greater than 2.0 acres in size. – Wetlands smaller than 2.0 acres may be identified and included in the functional ranking.
Rules/guidance are based on starting with universe of NWI Wetlands • NWI depicts only larger and wetter wetlands and complexes, but hydric soils mapping is appropriate too.
Wetlands NWI Hydric Soils
2. Set Threshold Conditions • Municipality may set threshold conditions for one or more measurable characteristics, such as size, or function, such as water supply. • A wetland that does not meet or exceed the threshold conditions shall be dropped from further consideration unless it can be shown to support a rare species, provide critical wildlife habitat, or have known historical significance.
3. Evaluate Selected Wetlands • Identified wetlands that have not been eliminated by threshold conditions shall be ranked for each of the adopted functional values.
Evaluation Criteria • Flood control potential • Ecological integrity • Groundwater use • Wetland wildlife potential habitat • Sediment trapping • Finfish habitat Educational potential • Nutrient attenuation • Visual or aesthetic • Shoreline anchoring quality • Historical site potential • Water-based • Urban quality of life recreation • Noteworthiness
4. Post-Evaluation Selection of Wetlands to Propose for Designation • Based on the ranking of relative functional values.
Selling the Concept of Prime Wetlands It should be the responsibility of the Conservation Commission and other residents to sell the concept of prime wetlands. • Educate – Local outreach programs • Keep on front burner – Articles in local newspaper – Put on Conservation Commission agenda throughout length of study and adoption process. • Maintain current information about prime wetland process on town web site
Post-study Process • Requirements for the adoption of prime wetlands follow those of zoning ordinances (RSA 675:2 or 675:3) • Public hearing is held • Residents vote by ballot to accept designation of prime wetlands
Warrant Article Options • Create one warrant article for all wetlands proposed for designation. • Create a warrant article for each wetland proposed for designation. • See handouts • Pros and cons
Once Approved... Submit to DES: • Map of prime wetlands on tax map base. • Report for designated wetlands and description of process. • Warrant article information (and vote).
DES Actions • Reviews submission (report, score sheets, and format). • Acts upon the proposed designation. • Acceptance published in weekly decision report and letter sent to town. • Maintains them and provides public access during regular business hours.
des.nh.gov/organization/divisions/water/wetlands/prime_wetlands.htm
Standard Dredge and Fill Application for Impacts to Prime Wetland or Buffer (Non-Utility Maintenance Projects) Applicant must: • Show need for project's impacts and address requirements [20+ questions] in Env-Wt 302.04]. – project could not be relocated to avoid impacts without reducing public value of the project or negatively affecting public health or safety • Demonstrate that the proposed activity, either alone or in conjunction with other human activity, will not result in the significant net loss of any of the values. • Project incorporates appropriate practicable compensatory mitigation for each function and value that is affected.
Procedures for Review of Projects Proposed in Prime Wetland or Prime Wetland Buffer DES: New! • May conduct field inspection of site. • May holds public hearing ( only if significant public interest or significant impact on the resources). • Makes permitting decision. – The evaluation of the impact will relate specifically to the functions and values for which the wetland was designated as prime. Corps of Engineers: • Reviews project • Written Corps approval must be obtained for any major project before work can begin.
Example #1 Approved Project
Prime Wetlands Public Hearing New! No Longer Required Only existing standards of RSA 482-A:8 apply: • Public hearings are held only for projects – With significant impact on the resources, or – Of substantial public interest.
HB 384 - Establishes waivers for work New! near prime wetlands • Rules will be established relative to the permit process for forest management in and near prime wetlands. • A property owner may request from DES a waiver from subparagraph (a), under rules adopted by DES, to perform forest management work and related activities in the forested portion of a prime wetland or its 100-foot buffer. • A waiver shall be issued only when DES is able to determine there will be no significant net loss of wetland values as identified in subparagraph (b)(1)(C) and RSA 482-A:1. • If the department determines that the proposed work may cause a significant net loss of wetland values, the department may require the submittal of additional information. The department may place conditions on the waiver that it deems necessary to protect the prime wetland resource and shall set the term of the permit.
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