Town of Bedford, NH Article IV Wetlands Conservation

[Added 3-12-1991; amended 3-10-1992]

§ 275-24 Purpose.

It is intended that this article shall:

A. Prevent the development of structures and land uses on wetlands and areas adjacent to wetlands which will contribute to pollution of surface and groundwater by sewerage, toxic substances, and sedimentation;

B. Prevent the destruction of or significant changes to wetlands areas adjacent to wetlands which provide flood protection, recharge the groundwater supply, augment stream flow during dry periods, and filter water flowing into ponds and streams;

C. Protect unique and unusual natural areas and rare and endangered species;

D. Protect fish and wildlife habitat, maintain ecological balances, and enhance ecological values such as those cited in RSA 482-A;

[Amended 7-13-2011]

E. Protect the quality of existing drinking water supplies and potential future public water supplies;

F. Prevent unnecessary or excessive expense to the Town for the purpose of providing and/or maintaining essential services and utilities which might be required as a result of misuse or abuse of wetlands;

G. Preserve and enhance the aesthetic value associated with wetlands in the Town of Bedford;

H. Provide in all new subdivisions approved subsequent to adoption of this article sufficient lot size to place a house and approved septic system without locating them in wetlands; and

I. Recognize the unequal and unique burden of wetland property owners and minimize restrictions which may be placed upon such properties.

[Added 3-13-2007]

§ 275-25 Wetland defined.

[Amended 3-11-1997; 3-13-2007]

A. Wetlands are those lands that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

B. Methods for identifying and mapping wetlands shall utilize the publications Corps of Engineers Wetlands Delineation Manual, 1987 and Regional Field Indicators for Identifying Hydric Soils in New England, 1995. A New Hampshire certified wetlands scientist shall perform the wetlands delineation.

§ 275-26 Applicability.

A. All applications for a building permit, subdivision, or site plan approval shall be subject to the provisions of this article and § 275-91B, Variances, except that notwithstanding § 275-4A of this chapter, amendments to any setbacks or buffer areas in excess of the March 11, 1997, fifty-foot setback specified in this chapter shall not apply to developed properties or to those properties currently under construction or which have received all appropriate building permits as of the effective date of the amendment, or to the reconstruction, alteration, enlargement or relocation of buildings thereon, or the addition of accessory structures thereto. Any subsequent (after the effective date of the amendment) subdivision of exempted properties shall comply with the more recent amendment(s).

[Amended 3-13-2007]

B. Any applicant seeking said approval(s) will be responsible for providing the required information before the appropriate approval or a permit can be granted.

C. Standards established herein shall constitute the rules of overlay zoning and shall be superimposed over all other zoning districts, or portions thereof, within the Town. The provisions herein shall apply in addition to all other applicable ordinances and regulations.[1]

[1] Editor's Note: Former Subsection (d), Mitigation procedures, which immediately followed this subsection, was repealed 3-14-2000.

§ 275-27 Permitted uses.

A. In those areas that have been identified as a wetland, permitted uses are those which are compatible with the specified purposes of this chapter.

B. Hydric B soils. Such uses for Hydric B soils shall include:

[Amended 3-11-1997]

(1) Drainageways to include streams, creeks, or other paths of normal runoff water and common agricultural drainage;

(2) Green spaces and access roads, if no alternative is feasible. Any and all fill material used shall not detract from the rate of the soils permeability or adversely affect the appearance of abutting properties;

(3) Satisfaction of minimum lot requirements; and

(4) Those specified under Subsection C, Hydric A soils.

C. Hydric A soils. Hydric A soil uses do not alter the surface configuration by the adding or removing fill and shall include:

[Amended 3-11-1997]

(1) Agriculture;

(2) Forestry and tree farming;

(3) Wildlife habitat development and management;

(4) Conservation areas and nature trails;

(5) Recreation uses consistent with the purpose and intent of this article as defined in § 275-24A;

(6) The construction of fences, footbridges, catwalks, and wharves only, provided:

(a) Said structures are constructed on posts or pilings;

(b) The natural contour of the wetland is substantially preserved; and

(c) The Conservation Commission has reviewed the proposed construction and presented its comments.

(7) The efficient provision of public services. Uses not specifically included above may be considered by the Planning Board, upon approval of a mitigation plan. (See § 275-29, Procedural requirements.)

D. Construction of a roadway or other accessway, utility right-of-way, communication lines, power lines, and pipelines across a wetland may be permitted by the Planning Board if, after receiving comments from the Conservation Commission, the Planning Board determines that:

(1) The proposed construction is essential to the productive use of land or water outside the wetland; and

(2) No reasonable alternative to the proposed construction exists which does not cross or alter a wetland, or which has less detrimental impact on a wetland.

§ 275-28 Specific provisions.

A. Structures and underground storage tanks shall be set back at least 50 feet from Hydric A soils and at least 50 feet from Hydric B soils.

[Amended 3-11-1997; 3-13-2012]

B. No septic tank or leach field (edge of bed) may be constructed or enlarged closer than the approved distance set forth by the State of New Hampshire Department of Environmental Services, Water Supply and Pollution Control Division.

C. Any fill material which is authorized to be placed in a wetland must be of such quality as to allow for the continued permeability of water; access roads, however, may be paved.

D. A New Hampshire Wetlands Board dredge and fill application shall be submitted for any proposed change to a wetland (RSA 483-A), as well as an application to the United States Army Corps of Engineers where applicable.

E. Any setback or buffer established in excess of the Subsection A requirement of 50 feet shall exempt those properties as specified in Subsection A of § 275-26, Applicability, as modified.

[Added 3-13-2007]

§ 275-29 Procedural requirements.

[Amended 3-13-2007]

A. Where maps or field investigations indicate that a Wetland District is present on a proposed development site and may be impacted by the development, the Planning Board may require that those wetlands be delineated by a jurisdictional wetlands delineation map prepared by a New Hampshire certified wetlands scientist.

B. The Planning Board may allow the applicant to submit a jurisdictional wetlands delineation map for only the portion of the parcel proposed for development. Before any such relaxing of these regulations can occur, the applicant shall identify the "development envelope," and any change to said area will require reevaluation by the Board for the purpose of this article.

C. Where the presence of a wetland has been identified, the boundaries of said district shall be clearly marked on the site with appropriate flagging along the entire perimeter of the wetland.

D. Where no evidence has been produced, or received, either by the applicant or the Town, that a wetland is present on the site, a jurisdictional wetlands delineation map shall not be required under this article.

E. The Planning Board and/or Town Planner shall notify the Conservation Commission of all applications for proposed projects which may impact a wetland for the purpose of allowing the Commission to make recommendations prior to final action on such application.

F. In the event that the accuracy of the wetland boundaries submitted by the applicant is suspect, the Planning Board may call upon the services of a New Hampshire certified soil and/or wetland scientist to reexamine said area and report the findings to the Planning Board for a boundary determination. The cost of said services shall be paid by the applicant.

[Amended 7-13-2011]

G. The Town shall make reasonable effort to identify and notify by mail the owners of all properties that would be affected directly by a proposed setback or buffer amendment to this article. Notification will be made as soon as possible after initiation of work on proposed ordinance changes.