NH Rivers Management and Protection Program

Love Your River? Love Your River? DonDon’’t Procrastinate Nominate!t Procrastinate Nominate!

RSA 483: Created by NH Legislature in 1988Why: Competing interests/and demands for limited

river resourcesWhat: Recognized need for coordinated, local river

resource management

Purpose: To protect unique New Hampshire rivers for the benefit of present and future generations through local and state resource management.

NH Rivers Management and Protection Program

State River Resource Management Activities

Rivers Management Advisory CommitteeStatewide committee composed of 17 membersAdvises the Rivers Program regarding RSA 483

Coordinates regulatory oversight and corridor specific protection measures

Rivers Coordinator reviews and comments on proposed federal and state regulated activities that fall within the river corridor

State River Resource Management Activities (cont.)

Coordinates permit application review with the Local Advisory Committee (LAC)

Rivers Coordinator reviews permit applications and notifies LAC regarding DES permit applications and other agency actions in the river corridor

Participate in non-regulatory actions – provide technical assistance and public outreach and education

Emphasis on the Designated Rivers

LACs…Advise DES, RMAC, and towns

re: management of riverReport annually to the town,

and biannually to RMAC and DES Commissioner

Comment on plans or applications that could alter the resource values for which the river is designated.

Develop a river corridor management plan

Local Resource Management Activities for Designated Rivers

Local River Management Advisory Committee (affectionately: LAC) Three individuals from each of

the towns in the designated river corridor

Citizens with diverse interests, including, but not limited to:

Riparian

Agricultural

Local Government

Business

Conservation

Recreation

Individuals nominated by city/town and appointed by DES Commissioner

Local Resource Management Activities for Designated Rivers

Enhancement of public awareness and promotion of river stewardshipForum created for coordination of river protection efforts1) LAC is established2) Incentive and assistance provided for the

development and implementation of a local river corridor management plan

3) Targets additional state resources and assistance

Non-Regulatory Benefitsfor Designated Rivers

18 Rivers Designated Since 1990

~ 1000 Total Miles97 Natural Miles

635 Rural Miles105 Rural – Community Miles163 Community Miles

121 Riverfront Communities5 Unincorporated Places/State Parks

18 Local Advisory Committees (LACs) (23 w/CT River)LAC Members: ~ 160 (~ 210 w/CT River LACs)

Protection Measures for Designated Rivers

1) No new dams or impoundments; new dams ok if river reach classified as “Community”

Existing dams can be repaired or reconstructed in-kind

2) Inter- basin water transfers prohibited

3) No new channel alterations; however, Commissioner may approve alterations for construction, repair or maintenance of a project

4) Setbacks established for new solid and hazardous waste facilities and landfills

Setback distance depends on river classification

Coordinated Regulatory Oversightfor Designated Rivers

StatutesRSA 12-E Mining RSA 147-A Hazardous WasteRSA 149-M Solid WasteRSA 270:12 Operating Restrictions for WatercraftRSA 430 Insect Pests and Plant DiseasesRSA 482 DamsRSA 482-A WetlandsRSA 483-B Surface Water Quality Protection RSA 485-A WQ standards, Alteration of TerrainRSA 485-C Groundwater Protection

- “..any state agency considering any actions affecting any river or segment shall notify the Rivers Coordinator prior to taking such action”

If the activity is within a designated river corridor, the Rivers Coordinator notifies the LAC and they may comment.

Local and State Resource Management:A Cooperative Approach

Nomination brought to the State by the participating communities or other parties.

State designation of significant rivers to manage and protect the river’s values and characteristics.

Local development of river corridor management plans for shorelines and adjacent lands to protect river resources - Local Advisory Committee

Local and State Resource Management:A Cooperative Approach Reinforced

483:2 Program Established; Intent.“nothing in this chapter shall be interpreted to preempt any land and zoning authority granted to municipal bodies under RSA title LXIV.” (Planning and Zoning)

483:8-a Local River Management Advisory Committees; Establishment; Duties. –

(c) To develop or assist in the development and adoption of local river corridor management plans under RSA 483:10. The local planning board, or, in the absence of a planning board, the local governing body, may adopt such plans pursuant to RSA 675:6 as an adjunct to the local master plan adopted under RSA 674:4. No such plan shall have any regulatory effect unless implemented through properly adopted ordinances.

NOTE: Local land use regulations that exist prior to the designation remain, they are not superseded by the designation of a river.

Entire Nomination Process for River Designation

Establish Nomination Committee

Submit Nomination

Prepare Nomination

Approval by DES and

General Court

• Any New Hampshire Organization or Resident

• Diverse Geographical and Interest Group Representation Encouraged (Watershed reps)

• Build Local Support/Enlist Local Expertise

• Conduct Resource Assessment

• Determine River Classification(s)

• Reviewed By Rivers Coordinator and RMAC

• Public Hearing(s) and River Site Visits

• Recommendations to DES Commissioner

• DES Commissioner Review

• Report to General Court

• Bill to Designate River into RMPP

Month Activity

June/July •“Show and Tell” about the river.

Aug./Sept.

•Mail questionnaire. •Begin to solicit comments/letters of support from local officials.•Collect information on natural resources including: geology, floodplains, wildlife, endangered species, natural communities, fish Resources, water quality and natural flow characteristics discussion of findings on natural resources.

Oct./Nov.

•Analyze questionnaire returns.•Collect information on cultural resources, including: historical, archeological, and community; collect information on managed resources, including: impoundments, withdrawals, and discharges. Discussion of findings on cultural resources and managed resources.

Dec./Jan. •Collect information on land uses, including: open space, forests, local zoning discussion of findings on land uses.

Feb./March •Collect information on recreation resources including, boating, public access, fishing, swimming, scenic roads, scenic views, trails, parks, camping sites, etc. • (Optional) Discussion of findings on recreation resources.

March •Plan public meeting(s) in April.•Issue announcements. •Decide proposed classifications for river segments.

April •Hold public meeting(s). •Meet with town boards and committees to seek suggestions and endorsements. •Decide on final recommended classifications.

May 1 •Submit nomination to Rivers Coordinator for completeness review.

June 1 •Submit completed nomination to Rivers Coordinator.

June-Sept. •Rivers Coordinator and RMAC review the nomination.

September •Rivers Coordinator and RMAC hold public hearing(s).

October 1 •RMAC and Rivers Coordinator forward recommendations to the Commissioner.

November 1 •Sponsors are notified if the nomination will not be forwarded to the State Legislature.

November 15 Commissioner forwards the approved nomination to the State Legislature in the form of a bill

Preparing a Nomination:Public Support and Involvement

Encouraged throughout nomination process

Nomination process initiated by local groupPublic information meeting tostart the nomination processDraft Nomination document is developed by local groupPublic information meeting prior to submitting Draft Nomination documentFormal public hearing held by the RMAC and the RMPP before nomination accepted

Preparing a Nomination:Recommended Process

Nomination preparation – an eight step process:Step 1: Contact the State Rivers Coordinator Step 2: Work with a Committee on a the NominationStep 3: Identify sources of Help and Information Step 4: Conduct a Resource Assessment Step 5: Build Local Support Step 6: Determine Classification(s) for River of River SegmentsStep 7: Complete the Nomination FormStep 8: Submit the Nomination Form

Preparing a Nomination:Submission

Nomination submitted for review to Rivers Coordinator and RMAC must include

Detailed resource assessment Classification of river segments proposed for designationMap of river corridor showing town boundaries, roadways,

and location of significant river resourcesDocumentation of community support for river designation

into RMPPDocumentation of notification of local officials and all

riparian landowners

Preparing a Nomination:Resource Assessment

Natural Resources – 8 CharacteristicsGeologic, Wildlife, Vegetation, Fishes, Water Quality, Open Space, Natural Flow Characteristics

Managed Resources – 3 CharacteristicsImpoundments, Withdrawals/Discharges, Hydroelectric Resources

Cultural Resources – 2 CharacteristicsHistorical/Archaeological, Community

Recreational Resources – 4 CharacteristicsFishery, Boating, Other Recreation, Access

Other Resources – 5 CharacteristicsScenic, Land Use, Land Use Controls, Water Quantity, Riparian/Flowage Rights

If a river is designated…Rivers Classification System

Four Categories:

1. Natural

2. Rural

3. Rural-Community

4. Community

There are different There are different protections specified in protections specified in statute for each categorystatute for each category

Reviewing the Nomination:Evaluation Process

1. Rivers Coordinator – general evaluation and point system

2. RMAC – presentation and activity planned by sponsor

3. Site Visit and Public Hearing – opportunity for local community to express support

4. Rivers Coordinator and RMAC Recommendations – summary of resource valuation, point system, public hearing, local support and recommendation to DES Commissioner

Nomination Approval and Formal Designation

1. Rivers Coordinator and RMAC recommendations sent to DES Commissioner for review

2. DES Commissioner decision to forward to General Court for consideration

3. Report to General Court prepared by NH Rivers Coordinator

4. General Court considers bill to designate river into RMPP

5. Governor signs bill adopting river into RMPP

If the Nomination is Successful…

River recognized as significant statewide resource

Formation of LACDevelopment of river management planReview and comment - permit

applicationsContinued technical assistance

provided by DESRiver corridor protection measures as

outlined in RSA 483 institutedInstream Flow protection measures as

outlined in RSA 483 instituted (pilot rivers of Lamprey and Souhegan)

If a river is designated…a Designated River Corridor is established

The river and land area located within a distance of 1,320 ft. of the normal high water mark

or the landward extent of the 100 year floodplain as designated by (FEMA).

Jacquie Colburn, Program CoordinatorRivers and Lakes Management and Protection Programs

271-2959 | jacquie.colburn@des.nh.govor search for “Rivers Management and Protection Program”

Michele L. Tremblaynaturesource communications

www.naturesource.net | 603.796.2615 New Hampshire Rivers Council

www.NHRivers.org | 603.228.6472

So, don’t Procrastinate—nominate!