Amherst Wetland Assessment

And

Prime Wetland Designation Project

Amherst, NH

APPENDIX A: ORDINANCES

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Note: The current wetlands regulations are shown on the left. The original changes, as proposed in the Van de Poll wetlands assessment, are on the right. Deleted text is shown crossed out and new text is in bold in the proposed changes.

After volunteer work and review by town committees, a new version has been written which extends and modifies the versions shown here. This new version, which was approved at the March 2001 election, is available on the Amherst regulations pages.

Original Ordinance

Section 4-11 WETLANDS CONSERVATION DISTRICT

General The wetland Conservation District is hereby determined to be those areas identified or delineated as poorly drained or very poorly drained soils, or as bodies of water by the National Cooperative Soil Survey through field mapping surveys completed in 1970 and shown on its field mapping photographic sheets for the Town of Amherst, New Hampshire. The Wetlands Conservation District as herein defined as shown on a map designated as:

"U.S Department of Agriculture Soil Conservation Service Town of Amherst, Hillsborough County, New Hampshire Soil Survey, November 1970

Amherst Wetlands Conservation District Map adopted 1973 Amended March 1975 (3-4-75) and is a part of the ‘Zoning Map’ of the Town of Amherst, NH

Proposed Changes

Section 4-11 WETLANDS CONSERVATION DISTRICT

General The wetland Conservation District is hereby determined to be those areas identified or delineated as poorly drained or very poorly drained soils, or as bodies of water by the National Cooperative Soil Survey through field mapping surveys completed in 1970 and shown on its field mapping photographic sheets for the Town of Amherst, New Hampshire. The Wetlands Conservation District as herein defined as shown on a map designated as:

"U.S Department of Agriculture Soil Conservation Service Town of Amherst, Hillsborough County, New Hampshire Soil Survey, November 1970

Amherst Wetlands Conservation District Map adopted 1973 Amended March 1975 (3-4-75) and is a part of the ‘Zoning Map’ of the Town of Amherst, NH

Several wetland areas are designated Prime Wetlands within the scope of RSA 482-A:15 and the N.H. Code of Administrative Rules Wt700. These Prime wetlands are described in "Amherst Wetland Assessment and Prime Wetland Designation Project, Amherst, NH," dated January 2000. The forty-four largest and/or most highly ranked wetlands are identified for inclusion as Prime Wetlands:

    Witches Brook
    Teriaults Marsh
    Stump Pond
    Ponemah Bog
    Glover Beds
    Homestead Commons
    Thibodeau Bog
    Ponemah Hill Complex
    J & J Party Outlet
    Nolan Pond
    Maine RR Sand Pit
    Baboosic Lake
    Horace Greeley Triangle
    Weimont
    Souhegan Three
    Beaver Brook South
    Meeting Place
    North Embankment Road
    Souhegan Two
    Souhegan One
    Ross Bird Sanctuary
    Pond Parish Outlet
    Belden's Mill
    North Baboosic
    Jasper Valley
    Honey Pot Pond
    Curtis Well
    Holt Road
    Currier Land
    Corduroy/Dog Pound
    St. Patricks Cemetery
    Davis
    Hertzka Atherton
    Southfield
    Currier Lumber
    Boardman
    Baboosic Forested
    Black Forest
    House of Faith
    Souhegan Street
    Pond Parish
    Pulpit Meadow
    Little Baboosic
    Great Meadow

In all cases where the Wetland Conservation District is super-imposed over another zoning district in the Town of Amherst, that district whose regulations are the more restrictive shall apply.

In the event an area is incorrectly designated as being poorly drained or very poorly drained soils on the Town of Amherst Wetland Conservation District map and evidence to that effect is satisfactorily presented to the Building Inspector or Zoning Administrator, the restriction contained in this section shall not apply.

Conversely, in the event that an area not so designated has poorly drained or very poorly drained soils within the meaning of the aforementioned definition, then the restriction contained in this section shall apply. Such evidence may be obtained by adequate on-site soils investigation and analysis conducted by a soil scientist qualified in field analysis. As amended 3-11-80

In all cases where the Wetland Conservation District is super-imposed over another zoning district in the Town of Amherst, that district whose regulations are the more restrictive shall apply.

In the event an area is incorrectly designated as being poorly drained or very poorly drained soils on the Town of Amherst Wetland Conservation District map and evidence to that effect is satisfactorily presented to the Building Inspector or Zoning Administrator, the restriction contained in this section shall not apply.

Conversely, in the event that an area not so designated has poorly drained or very poorly drained soils within the meaning of the aforementioned definition, then the restriction contained in this section shall apply. Such evidence may be obtained by adequate on-site soils investigation and analysis conducted by a soil or wetland scientist qualified in field analysis. As amended 3-11-80

The location of a wetland boundary in any particular case must be determined by on-site inspection of all three characteristics of wetlands, namely, hydrology, hydric soils, and hydrophytic plants, as recognized by the US Army Corps of Engineers in Technical Report Y-87-1, the Corps of Engineers Wetlands Delineation Manual, and as cited in the New Hampshire Wetlands Rules Wt 101.82. This shall be undertaken by a qualified soil or wetland scientist using the above Army Corps delineation method, the Site Specific Soil Mapping standards for New Hampshire, or other appropriate standards. When such information is submitted, it shall supersede more generalized information, such as that obtained from the county soil survey.

In the interest of public health, convenience, safety and welfare, the regulations of the District are intended to guide the use of areas of land with extended periods of high water tables. The specific intent of this District is:

In the interest of public health, convenience, safety and welfare, the regulations of the District are intended to guide the use of areas of land with extended periods of high water tables that have soils that are saturated or inundated for extended periods of time during the growing season. The specific intent of this District is:

  1. To prevent the development of buildings and land use on naturally occurring wetlands, which would contribute to pollution of surface and ground water. 3-6-73
  2. To prevent the destruction of natural wetlands which provide flood protection, recharge of ground water supply, and augmentation of stream flow during dry periods. 3-6-73
  3. To prevent unnecessary or excessive expenses to the Town to provide and maintain essential services and utilities which arise because of inharmonious use of wetlands. 3-6-73
  4. To encourage those uses that can be appropriately and safely located in the wetland area. 3-6-73
  1. To prevent the development of buildings and land use on naturally occurring wetlands, which would contribute to pollution of surface and ground water. 3-6-73
  2. To prevent the destruction of natural wetlands which provide flood protection, recharge of ground water supply, and augmentation of stream flow during dry periods supplies, retention of sediments, attenuation of nutrients, augmentation of stream flow during dry periods and continuing existence of important wildlife areas. 3-6-73
  3. To protect potential water supplies and existing aquifers and aquifer recharge areas.
  4. To prevent unnecessary or excessive expenses to the Town to provide and maintain essential services and utilities which arise because of inharmonious use of wetlands. 3-6-73
  5. To encourage those uses that can be appropriately and safely located in the wetland area. 3-6-73
  1. Permitted Uses
  2. Any of the following uses, which may require a permit, and that do not result in the erection of any structure and that are otherwise permitted by the Ordinance:

    1. Forestry – tree farming 3-6-73

    2. Agriculture 3-6-73

    3. Well and well lines 3-11-80

    4. Wildlife refuge 3-6-73

    5. Parks and such recreation uses as are consistent with the purpose and intentions of Section 4-11 3-6-73

    6. Conservation area nature trails 3-6-73

    7. Open space as permitted by subdivision regulations and other sections of this Ordinance 3-6-73

    8. Minimal impact crossing of wetland soils for roads and driveways subject to Planning Board review and approval. 3-12-91

  1. Permitted Uses
  2. Any of the following uses, which may require a permit, and that do not result in the erection of any structure and that are otherwise permitted by the Ordinance:

    1. Forestry – tree farming 3-6-73

    It is recommended that activities be conducted in accordance with Best Management Practices For Erosion Control on Timber Harvesting Operations in New Hampshire, as published by The NH Department of Resources and Economic Development as amended, and with suitable notification to the New Hampshire Wetlands Bureau, where required;

    2. Agriculture 3-6-73

    It is recommended that these activities be conducted in accordance with the Manual of Best Management Practices for Agriculture in New Hampshire, published by the NH Department of Agriculture, as amended;

    3. Well and well lines 3-11-80

    4. Wildlife refuge 3-6-73

    5. Parks and such recreation uses as are consistent with the purpose and intentions of Section 4-11 3-6-73

    6. Conservation area nature trails 3-6-73

    Conservation areas, nature trails, and other educational or scientific purposes;

    7. Open space as permitted by subdivision regulations and other sections of this Ordinance 3-6-73

    8. Minimal impact crossing of wetland soils for roads and driveways subject to Planning Board review and approval. 3-12-91

  1. Special Provisions
  1. No wetland may be used to satisfy minimum lot size requirements in any zone.
  2. No septic tank or leachfield may be located closer than seventy-five (75) feet to any wetland.
  3. No structure shall be erected within fifty (50) feet of any wetland.
  1. Special Provisions
  1. No wetland may be used to satisfy minimum lot size requirements in any zone.
  2. No septic tank or leachfield may be located closer than seventy-five (75) feet to any wetland.
  3. No structure shall be erected within fifty (50) feet of any wetland.
  4. A natural vegetation buffer of twenty-five (25) feet shall be maintained from the edge of any wetland.
  5. A buffer zone of 100 feet from the edge of any Prime Wetland shall be maintained. No structures, roads of other developments shall be placed unless a Special Exception for the structure and use has been obtained in accordance Article V. Vegetation within this buffer area shall remain in its natural state.

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