University of New Hampshire University of New Hampshire Scholars' Repository Institute for the Study of Earth, Oceans, and PREP Reports & Publications Space (EOS) 10-1999 Regulation and Management of New Hampshire Estuaries: A Base Programs Analysis NH Department of Fish and Game Great Bay National Estuarine Research Reserve Follow this and additional works at: https://scholars.unh.edu/prep Part of the Marine Biology Commons Recommended Citation NH Department of Fish and Game and Great Bay National Estuarine Research Reserve, "Regulation and Management of New Hampshire Estuaries: A Base Programs Analysis" (1999). PREP Reports & Publications. 329. https://scholars.unh.edu/prep/329 This Report is brought to you for free and open access by the Institute for the Study of Earth, Oceans, and Space (EOS) at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in PREP Reports & Publications by an authorized administrator of University of New Hampshire Scholars' Repository. For more information, please contact [email protected]. Regulation and Management of New Hampshire Estuaries A Base Programs Analysis A Report to the New Hampshire Estuaries Project Submitted by: New Hampshire Department of Fish and Game and Great Bay National Estuarine Research Reserve Prepared by Carl Paulsen October, 1999 This report was funded by a grant from the Office of State Planning, New Hampshire Estuaries Project, pursuant to an award from the federal Environmental Protection Agency. Acknowledgements Author: Carl Paulson Editors: Cynthia Lay, NH Estuaries Project, and Ted Diers, NH Coastal Program Graphic Designer: Bea Jillette, Office of State Planning New Hampshire Estuaries Project Cynthia Lay, Director 152 Court Street 2½ Beacon Street Portsmouth, NH 03801 Concord, NH 03301 (603) 433-7187 (603) 271-2155 State of New Hampshire Jeanne Shaheen, Governor Office of State Planning Jeffrey Taylor, Director TABLE OF CONTENTS Maps New Hampshire Estuaries Project Study Area ·······································v Oyster River Watershed ·························································vi Executive Summary ······················································vii Nonpoint Source Pollution······················································viii Point Source Pollution ··························································ix Habitat Alteration ······························································x Living Resource Management ····················································xi Local Management Framework ··················································xii 1. Introduction ··························································1 Purpose of the Report ···························································1 Project Area ···································································2 How to Use the Report···························································2 Report Limitations······························································3 2. Methodology ··························································4 3. Estuary Issues ·························································5 Microbial Contamination·························································5 Toxic Contaminants and Heavy Metals ·············································5 Nutrient Pollution ······························································6 Sedimentation ·································································6 Hydrologic Changes ·····························································7 Living Resources ·······························································7 Habitat Loss ···································································7 Priority Problems·······························································7 4. Non-Point Source Pollution ·············································9 Stormwater Runoff ····························································11 Septic Systems ································································24 Construction Runoff and Erosion ·················································33 Agriculture ···································································42 Forestry ·····································································49 Boating and Marinas ···························································54 Navigation Dredging ···························································60 Solid Waste Management ·······················································63 Landscaping ··································································70 Toxics and Underground Storage Tanks ···········································73 Summary Recommendations·····················································78 5. Point Source Pollution·················································81 6. Habitat Alteration i Shoreland Development and Riparian Buffers·······································94 Wetland Loss and Alteration····················································110 River and Estuary Protection ···················································121 Open Space and Habitat Acquisition ·············································128 7. Living Resources ····················································139 Overview ····································································139 Finfish Management ··························································140 Shellfish Management ·························································145 Endangered Species ···························································151 Wildlife Management··························································155 Marine Aquaculture···························································157 8. Local Management Framework ········································163 Regulatory Overview ··························································163 Policies and Procedures ························································169 Staff and Resources ···························································174 Conservation Commissions ·····················································177 Towns ······································································179 References ······························································185 Appendices A. Abbreviations and Acronyms ···············································187 B. Program Survey ··························································189 C. Local Officials Interview/Questionnaire·······································191 D. New Hampshire Model Ordinances for Local Land Use Control ···················197 E. Selected Comments From Interviews ·········································201 F. Local Land Use Regulations for Zone A Municipalities ··························207 Tables 4-1 Protection Program Summary ···············································12 4-2 Local Stormwater Control Provisions··········································20 4-3 Septic System Program Summary ············································25 4-4 Erosion control Program Summary ···········································34 4-5 Local Erosion and Sediment control Programs ··································39 4-6 Agricultural Program Summary ··············································43 4-7 Forestry Program Summary ·················································50 4-8 Boating and Marinas Summary ··············································55 4-9 Navigation Dredging Summary···············································61 4-10 Solid Waste Management Summary ···········································65 4-11 Local Landfill and Junkyard Prohibitions ······································68 4-12 Local Source Reduction Efforts···············································69 4-13 Landscaping Program Summary··············································71 4-14 Summary of Toxics and Underground Storage Tanks ····························74 4-15 Municipal Underground Storage Tank and Hazardous Materials Programs ··········77 ii 5-1 Point Source Pollution Control Summary ······································82 5-2 Permitted Wastewater Treatment Facilities ····································84 5-3 Industrial NPDES Permits ··················································85 5-4 Local Point Source Management ·············································89 6-1 Land Use in the Great Bay and Hampton Harbor Watersheds ·····················93 6-2 Shoreland Development Potential ············································94 6-3 Shoreland Protection Program Summary ······································95 6-4 Fourth Order and Higher Streams ············································99 6-5 Enforcement of Comprehensive Shoreland Protection Act························100 6-6 Local Shoreland Protection Regulations ······································105 6-7 Comparison of Local and state Shoreland Protection Ordinances ··················106 6-8 Wetland Protection Program Summary ·······································111 6-9 Local Wetland Protection Regulations ········································118 6-10 River and Estuary protection Program Summary ·······························123 6-11 Open Space and Habitat Protection Program Summary··························129 6-12 State Parks and forests in the NHEP Study Area ·······························131 6-13 NH Fish and Game Lands in the NHEP Study Area ····························132 6-14 Allocation of Current