Understanding Wetland - Plymouth State University

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…





Origins of Priority Resource Areas


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


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


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


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


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


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”


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”


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”


How Does This Translate into

Regulatory Protection?





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.


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.


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.]


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


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?


Documents

Understanding Wetland - Plymouth State University