New Hampshire Regulation Stream & Wetland Buffers Making the Most of a Good Thing May 4, Mary Ann Tilton NH Wetlands Bureau

Transcription

1 New Hampshire Regulation Stream & Wetland Buffers Making the Most of a Good Thing May 4, 2016 Mary Ann Tilton NH Wetlands Bureau

2 NH Wetland Protection Wetland Protection Surface Water Quality Shoreland (SWQPA) Rivers Land Alteration/ Water Quality Stormwater Agency DES DES DES DES DES Authority Wetland RSA 482-A Wetlands RSA 482-A Mitigation Shoreland Protection RSA 483 Designated River Protection Alteration of Terrain permit 401 Certification Width buffer for preservation parcel 250 permit zone//pbn for < 1,500 SF 50 WF Buffer Shoreland permit required for these rivers Buffer are Treatment option Buffer considered in loading analysis Characterization Tidal Buffer Zone setback trigger major Mitigation parcel w/ contiguous protected resource Max 30% impervious S/W plan for > 20% IMP 50 Bdg SB WFB= point system Unaltered Mirrors Shoreland protection & many areas are applied at 1 st order level Trigger: 50K for shoreland// others 100K Distance requirements Vary on soils & slope Water Supply setbacks Private public wells Septic Hydric Soil & 75 surface water setbacks

3 NH Agriculture Forests & wetland Forests Basal area Agency DOA DRED/DES DRED Authority RSA 21-A (unknown) RSA 227-J:9, IV Wetlands Forestry BMPs Width 10 filter strip 50 Riparian Management Zone (RMZ) RSA 227-J:9, IV Basal Area law 150 great pond/ >4 th order 50 streams Characterization perennial vegetation maintained between agricultural lands and adjoining streams and lakes RMZ: Banks of streams; Forest floor Trees & vegetation shade, stabilize banks Delineate RMZ next to stream, lake, pond & wetlands Apply BMPs to stabilize exposed soil; retain adequate canopy & vegetation Variance process for forestry// Exempt for conversion or development

4 Which waterbodies are protected under the SWQPA? Tidal Waters All waters subject to the ebb and flow of the tide. All Lakes and Ponds Greater than 10 Acres Fourth Order and Greater Streams and Rivers Designated Rivers including segments less than 4 th order

5 The Protected Shoreland 250 feet 150 foot Natural Woodland Buffer 50 foot Waterfront Buffer 50 Primary Building Setback Reference line, for tidal waters is the highest observable tide line.

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7 Designated Rivers in NH RSA 483, The Rivers Management and Protection Act Ammonoosuc River, Ashuelot River, Cocheco River, Cold River, Connecticut River, Contoocook River, Exeter River, Isinglass River, Lamprey River, Mascoma River, Merrimack River, Oyster River, Pemigewasset River, Piscatquog River, Saco River, Souhegan River, Swift River. Many Designated Rivers are Protected at the 1 st Order Level

8 Impervious Surface Limitations When a project proposes greater than 30% impervious area: 1.) If any grid segment does not meet the minimum required grid score (50 pts), an equivalent level of protection must be planted to at least meet the minimum required grid score. 2.) A stormwater management plan must be designed and installed by a licensed engineer.

9 Manager Interviewed New Hampshire - Buffer Protections What has worked well? Outcomes of RSA 483-B Shoreland Protection & setbacks Challenges Inability to get authority to establish statewide setback for wetlands program. Perception that nature is unhealthy, unsafe and it needs to be fixed or cleaned up Opportunities for improvement Achieving Stakeholder consensus on what setbacks & parameters should be. Educate of public on real benefits of buffers to stabilize their land, protect water quality, provide and protect wildlife habitat

10 Supervisor Interviewed New Hampshire - Buffer Protections What has worked well? Challenges Outcomes of ARM Fund program Ensuring high quality restoration & land preservation parcels Finding mitigation parcels with natural buffers Opportunities for improvement Assisting communities to understand value of buffers &impacts to resource functions while identifying mitigation options Identify priority aquatic resource areas for protection & linking these to important valuable resource areas at landscape level.

11 AOT Engineer Interviewed New Hampshire - Buffer Protections What has worked well? Challenges Buffers are rarely used for water quality treatment option for AOT projects Sites are required to use basins to handle peak discharge & flow volume so why use buffers? Conflicts with landowner wanting to maximize use of land & room needed for adequate buffers Opportunities for improvement Require use of some vegetative buffer treatment & create soft treatment preference for water quality and impact designs. Create storm water credits for buffer use. States look to federal rules & guidance for their standards.

12 Mary Ann Tilton Assistant Bureau Administrator NHDES- Wetlands Bureau Land Resources Management (603)