Regulation Stream & Wetland Buffers Making the Most of a Good Thing May 4, 2016

Mary Ann Tilton NH Wetlands Bureau NH Wetland Wetland Surface Water Rivers Land Alteration/ Protection Protection Quality Water Quality Shoreland Stormwater (SWQPA)

Agency DES DES DES DES DES

Authority Wetland Wetlands Shoreland Designated Alteration of Terrain permit RSA 482-A RSA 482-A Protection River 401 Certification Mitigation RSA 483 Protection Width 100’ 100’ buffer 250’ permit Shoreland Buffer are Treatment option for zone//PBN for permit Buffer considered in loading preservation < 1,500 SF required for analysis parcel 50’ WF Buffer these rivers

Characterization Tidal Mitigation Max 30% Mirrors Trigger: 50K for shoreland// Buffer parcel w/ impervious Shoreland others 100K Zone contiguous S/W plan for > protection Distance requirements setback protected 20% IMP Vary on soils & slope trigger resource 50’ Bdg SB & many areas “major” WFB= point are applied at Water Supply setbacks system 1st order level Private – public wells Unaltered 50’ 75’ – 400’ – 150’ Septic Hydric Soil & 75’surface water setbacks NH Agriculture Forests Forests & wetland Basal area

Agency DOA DRED/DES DRED

Authority RSA 21-A RSA 227-J:9, IV RSA (unknown) Wetlands Forestry BMPs 227-J:9, IV Basal Area law Width 10’ filter strip 50’ Riparian Management 150’ great pond/ Zone (RMZ) >4th order 50’ streams

Characterization perennial vegetation RMZ: 50’ – 165’ Variance process for maintained between Banks of streams; forestry// agricultural lands and Forest floor Trees & vegetation shade, Exempt for conversion or adjoining streams and stabilize banks development lakes Delineate RMZ next to stream, lake, pond & wetlands Apply BMPs to stabilize exposed soil; retain adequate canopy & vegetation 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 4th order 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.

Designated Rivers in NH RSA 483, The Rivers Management and Protection Act

Ammonoosuc River, , Cocheco River, Cold River, River, , , , , , , Oyster River, , Piscatquog River, , , Swift River.

Many Designated Rivers are Protected at the 1st Order Level 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. New Hampshire - Buffer Protections

Manager Interviewed

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 Achieving Stakeholder consensus on what setbacks & improvement parameters should be. Educate of public on real benefits of buffers to stabilize their land, protect water quality, provide and protect wildlife habitat New Hampshire - Buffer Protections

Supervisor Interviewed

What has worked well? Outcomes of ARM Fund program

Ensuring high quality restoration & land preservation parcels Challenges Finding mitigation parcels with natural buffers

Opportunities for Assisting communities to understand value of buffers &impacts to resource functions while identifying mitigation improvement options

Identify priority aquatic resource areas for protection & linking these to important valuable resource areas at landscape level. New Hampshire - Buffer Protections

AOT Engineer Interviewed

What has worked well? Buffers are rarely used for water quality treatment option for AOT projects

Challenges 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 Require use of some vegetative buffer treatment & create soft treatment preference for water quality and impact improvement designs.

Create storm water credits for buffer use.

States look to federal rules & guidance for their standards. Mary Ann Tilton Assistant Bureau Administrator NHDES- Wetlands Bureau Land Resources Management [email protected] (603) 271-2929