understanding wetland - plymouth state university
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Understanding Wetland Priority Resource Areas
Dr. Rick Van de Poll
Ecosystem Management Consultants, Sandwich NH
Ms. Mary Ann Tilton, Assistant Bureau Administrator, NH Wetlands Bureau
Areas that are transitional between
uplands and deep water
Areas with saturated soils
Areas dominated by wetland plants
Swamps, bogs, marshes, vernal pools,
and the edges of lakes, ponds, rivers, and
large streams
What are Wetlands?
NH Water Conference March 15, 2019
Wetlands Have to have…
NH Water Conference March 15, 2019
Wetlands Have to have…
NH Water Conference March 15, 2019
Wetlands Have to have…
Origins of Priority Resource Areas
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2015 - NHANRS Wetland Buffer Scientific Work Group
1) Compile a database of wetland assessment using the
Method for Inventorying and Evaluating Freshwater
Wetlands in New Hampshire (The ‘NH Method’)
2) Review the database and determine the
appropriateness of using the NH Method to identify
High Value Wetlands (HVW)
3) Conduct a review of other wetland assessment
methodologies for possible use in the identifying
HVW’s
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Tasks of the NHANRS Wetland Buffer Scientific Work Group
4) Compile and review pertinent scientific literature
related to the role of wetland buffers in protecting
wetland function
5) Compile and review wetland buffer regulations from
other states in New England
6) Draft suitable criteria for identifying high value
wetlands and recommend adequate buffers to protect
these wetland types
(Phase II): Seek input from other stakeholder groups and
integrate these recommendations into a report to the
NH legislature in favor of passing a wetland buffer bill
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WBSWG Process
Reviewed scientific basis
for each HVW type
Designed a “Simplified
Approach” to identifying
high value wetlands or
HVW’s that mimicked
Maine’s approach
Defined each category or
class
Drafted summary
document
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WBSWG Literature Review
18 state-specific publications
6 compendiums representing 468 peer-reviewed articles
All state BMP’s
EPA guidance documents on buffers, RMZ’s
Army Corps guidance on direct, secondary, and cumulative impacts mitigation
Compiled 16-page reference list on wetland buffers
See discussions, stats, and author profiles for this publication at: http://www.researchgate.net/publication/262842955
Streamside Forest Buffer Width Needed to
Protect Stream Water Quality, Habitat, and
Organisms: A Literature Review
ARTICLE in JAWRA JOURNAL OF THE AMERICAN WATER RESOURCES ASSOCIATION · JUNE 2014
Impact Factor: 1.35 · DOI: 10.1111/jawr.12203
CITATIONS
13
READS
458
2 AUTHORS, INCLUDING:
Denis Newbold
Stroud Water Research Center
93 PUBLICATIONS 3,909 CITATIONS
SEE PROFILE
NH Water Conference March 15,
2019
Comparison with Other States
MAINE
Natural Resources Protection Act (NRPA)
38 MRSA Sec 480-B (1988)
Under the NRPA adjacency provision, activities
within 75 feet of certain wetlands (wetlands of
special significance), and rivers, streams, and
brooks are regulated.
Additionally, under NRPA, a 250-foot regulatory
zone extends from the edge of certain vernal pools.
Wetlands of Special Significance
75’ Buffer
Significant Vernal Pool
250’ Buffer
Maine - Wetlands of Special Significance
(WOSS)
Containing S1 or S2 critical imperiled
community
Wetland contains Significant Wildlife
Habitat
Wetland is located within 250' of coastal
wetland
Wetland is located within 250' of great
pond
Wetland contains at least 20,000 SF of
aquatic or emergent vegetation
Wetland is inundated with Floodwater
during a 100-year flood event
Peatlands
Wetland located within 25' of a river,
stream or brook
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New Hampshire – Existing BuffersNH Dredge and Fill (RSA 482-A) and NH
Code of Administrative Rules Chapters
Env-Wt 100-900
100’ Tidal Buffer Zone -100’ from highest
observable tideline
100’ Prime Wetlands Adjacency -
Municipally Designated Prime Wetlands
(pre-2007)
NH Shorelands Water Quality Protection
Act (RSA 483-B)
50’ Waterfront Buffer – restricted activities
150’ – limitation of impervious surfaces
250’ – regulation of certain activities
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Preliminary definition of High Value Wetlands (HVW)
A. S1 or S2 wetland natural community (NHB) – size established by
NHB
B. Exemplary wetland natural community (NHB) – size established by
NHB
C. Critical Wildlife Habitat (NHF&G)
a) Marsh/Scrub-Shrub: .75 acres min. size within the entire
wetland evaluation unit being evaluated
b) Peatland: no min. size, definition initially set by NHB selection of
NWI types for NHF&G use in mapping peatland habitats, field
requirement of ≥ 50% sphagnum moss
c) T&E Wildlife Species: documented occurrence or habitat in
wetland; no min. size
Draft One: The “Simplified
Approach”
NH Water Conference March 15, 2019
Preliminary definition of High Value Wetlands (HVW) cont’d
D. Wetland is within 50 feet of and hydrologically connected to a Tier 3 or
larger stream; buffer to be set from the Ordinary High Water Mark
(OHWM) of the stream, regardless of the width of the wetland – need to
add 25-foot buffer to wetland itself
E. Wetlands within the Active Floodplain (i.e. extent of frequently flooded
soils); buffer to extend from the edge of the maximum extent of the
Active Floodplain
F. Forested wetlands > 5 acres* and not otherwise included in the above
criteria, this shall include all forested wetlands that have a minimum of
50% very poorly drained soils
Note that this minimum size was added after the meeting by email vote based on minimum map unit sizes for each
county in NH (very poorly drained soils), and mean forested swamp polygons sizes (NWI) that were not peatland
units according to definitions of the NH Natural Heritage Bureau and the NH Fish & Game Department. (see
process description)
Draft One: The “Simplified
Approach”
NH Water Conference March 15, 2019
Potential HVWs Identified by the Work Group and Potential Tools to Identify Them:
A Marsh/Scrub-Shrub Wetlands
Very poorly drained soils map with National Wetlands Inventory (NWI) overlay.
B Peatlands
Very poorly drained soils map with NWI overlay.
C Tier 3 Streams (starting at Ordinary High Water Mark)
NHDES Tier 3 stream map.
D Floodplain Wetlands
Alluvial very poorly drained soils map and Alluvial poorly drained soils map.
E Contiguous Forested Wetlands, 10 acres or greater, with Very Poorly Drained Soils
Very poorly drained soils map.
F Wetland Natural Communities designated as S1, S2 or Exemplary by the NH Natural Heritage
Bureau (NHB), minimum size is built into NHB ranking system
NHB is not currently set up for private homeowner use. A new format could be designed or incorporated into
a plan.
G Wetland Habitat that supports documented occurrences of Threatened or Endangered Species
Draft Two: The “Simplified
Approach”
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How Does This Translate into
Regulatory Protection?
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Priority Resource Areas
Env-Wt 103.52 “Priority resource area” means a jurisdictional area
that:
(a) Has documented occurrences of protected species or habitat for
such species;
(b) Is a bog;
(c) Is a floodplain wetland contiguous to a tier 3 or higher
watercourse;
(d) Is a designated prime wetland or a duly established 100-foot
buffer zone;
(e) Is a sand dune, tidal wetland, tidal water, or undeveloped tidal
buffer zone; or
(f) Is any combination of (a) through (f), above.
NH Water Conference March 15, 2019
Env-Wt 407.02 Resource
Disqualifications(a) A project that impacts a priority resource area and that does not qualify for a
project-type exception (PTE) under Env-Wt 407.04 shall be classified as a major
project regardless of the size of the impact.
(b) A project shall be classified as a minor or major project regardless of the size
of the impact if it does not qualify for a PTE under Env-Wt 407.04 and it impacts:
– (1) A perennial stream;
– (2) A marsh; or
– (3) A scrub-shrub wetland adjacent to a surface water that:
a. Is identified as a natural community in “Natural Communities of New
Hampshire”, 2004, NHB, The Nature Conservancy, and UNH
Cooperative Extension, available as noted in Appendix B; or
b. Contains at least 50 linear feet of obligate wetland shrub species.
NH Water Conference March 15, 2019
Approximate Amount of
Wetlands Affected (NWI only) S1, S2, Exemplary Natural
communities: N = 627, most alpine,
coastal, floodplain [2500 – 3000 ac.]
Marsh/Scrub-Shrub > .75 acres:
– N = 8348 [37382 acres]
– N = 13493 [69250 acres]
Peatlands (any size)
– PSS2/3 N = 878 [4132 acres]
– All other Ba subscripts N = 103 [1668 acres]
T&E species habitats (included)
Tier 3 streams N = 1120 [9734 acres
based on 50-ft buffer
Floodplains (included)
Forested Swamps > 10 ac. N = 2805
[74302 ac.]
NH Water Conference March 15, 2019
Comparison of HVW’s versus
PRA’s (% of wetland resources)
High Value Wetlands – 29.1%
S1/S2/ENC: 0.44%
PEM/PSS: 15.5%
Peatlands: .85%
T&E Spp.: ?
Tier 3 stream edges:
1.4%
Floodplains (included)
PFO’s > 10 ac.: 10.9%
Priority Resource Areas – 20.5%
S1/S2/ENC: 0.44%
PEM/PSS (minors): 16.4%
– PEM: 5.66%
– PSS: 10.75%
Peatlands: .85%
Tier 3 stream edges: 1.4%
Floodplain wetlands: .63%
Prime Wetlands: .48%
Streams (minors): +/-
.15%NH Water Conference March 15, 2019
Pending Legislation
HB 543 – “Wetland Buffers
Bill”
Established mandatory buffers
to all high value wetlands, as
(mostly) defined by the
NHANRS WBSWG
Retained 3/13/2019 in
Resources< Recreation, and
Development Committee
4th attempt at passing buffer
legislation
All stakeholders in opposition
to current draft
NH Water Conference March 15, 2019
Some Remaining Questions
Can Priority Resource Areas be determined from existing maps?
How will priority resource areas integrate with high value wetlands should a buffer bill ever pass?
What happens when during an application review an S1, S2 or exemplary natural community is discovered?
Can you reverse a ‘bump up’ in review if it is determined that, for example, an S1 or S2 does not exist on a permitting site?
How can a project applicant be sure whether NHB or NH Fish & Game will help ‘disqualify’ a priority resource area classification by submitting recommendations?
NH Water Conference March 15, 2019