Community Land Use: Towns Take on the

Challenge Vernal Pool Regulation

2012 GrowSmart Summit October 23, 2012

Rich Roedner, Planning Director,

Town of Topsham

Current Regulations

• State of Maine

– Significant Vernal Pools

– 250’ Buffer

• US Army Corps of Engineers

– All Vernal Pools

– 750’ Buffer

Conflicts

• DEP and ACOE use different definitions

– SVP versus all vernal pools

• DEP and ACOE use different buffer requirements

– 250’ buffer versus 750’

• Current Regulations ignore needs of species involved

– Uniform buffer width versus direction migration

History of Process

• New Vernal Pool regulations • UMO effort to help towns (11 communities)

proactively map potential vernal pools – grant funded - 2008

• UMO/Town effort to train volunteers on vernal pool identification techniques

• Town efforts to demonstrate benefits to landowners of early determination

• Town/UMO effort to identify Significant Vernal Pools – 2009 - 2011

History - Continued

• UMO/Town (2 communities) efforts to consider how improve vernal pool regulations

– Certainty – what regulation is and when applied

– Clarity – how to identify and measure

– Consistency – same between all levels of government

– Capacity – communities have capacity to regulate on behalf of DEP

Vernal Pool Denizens

#22

#14

#15

#16

#31

#32

Gotta be a better way!

Local Approach - Topsham

• Based on Comprehensive Plan designated Growth Boundary

• Recognizes that many vernal pools in growth area are already impacted

• Uses cost basis to obtain funding to purchase rural vernal pools, with appropriate buffer areas

Features of Local Program

• Pre-designated conservation areas, based on Natural Resource Plan

• Appraisal-based effort to determine value of land opened for development, as well as land to be protected

• Protection methods include fee purchase, easements, purchase of development rights

• Third party participation in preserving funds and making voluntary acquisitions or holding easements

Features - continued

• How best to protect a particular pool?

– Ownership

– Easement

– Directional buffer

– Fixed buffer

– Combination

• Takes the place of State and Federal permit process

Benefits

• New ACOE general permit, that is triggered when a community has an ordinance and program in place. Other areas would adhere to existing rules

• DEP authority delegated or relegated to PBR

• Provides for development where it belongs, and restricts development in less desirable areas, while making property owners whole

Who’s Involved? • Aram Calhoun – UMO • Dawn Morgan – UMO • Vanessa Levesque – UMO • Dave Owen – USM • Robb Freeman – EMCC • Mark Eyerman – Planning Decisions • Liz Hertz – Maine Coastal Program • Steve Walker – MeDIFW • Evan Richert – Town of Orono • John Shattuck – Topsham ECD • Rod Melanson – Topsham Planning Office • Regulators – DEP, EPA and ACOE