Wetland Resources

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Wetland Resources
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What has changed?

• Wetlands on the ground have not changed
• but some things have
• Natural resource information
• Technological ability to manage information
• The regulatory environment

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Introduction

• Change in focus
• NEW
• Wetlands occupy 25 of Maines land area, four
  times the combined wetland area of the other New
  England states. In recent decades, public
  awareness of the ecological, social, and economic
  values of wetlands has grown, along with
  recognition of the need for better information
  about them. New tools for gathering and managing
  wetland information continue to evolve and will
  be vital to effective efforts to protect critical
  wetland functions.
• OLD
• Extensive wetland resources exist throughout
  LURC's jurisdiction. Until the past two to three
  decades, wetlands were considered wastelands that
  were inhospitable to people. Draining and filling
  them was an accepted and desirable practice.
  Today, these same wetlands are now recognized as
  vital components of larger ecosystems which
  perform many valuable functions.

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Characteristics

• Fine-tune wetland information
• Introduce National Wetland Inventory (NWI) maps
• Include general information on wetland losses

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Wetland Values

• Natural values

• Social and economic values

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Natural Values
Hydrologic
Water quality
Plant habitat
Animal habitat
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Social and economic values, e.g.
Active recreation
Flood control
Forestry
Passive recreation
Agriculture
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Actual uses of wetlandsin LURC jurisdiction

• Limited data available historically
• Wetland tracking system
• Most permitted impacts affect lt 500 sf
• Dock reconstructions
• Shoreline stabilization, etc.
• Largest disturbances (gt1 ac)
• Road construction and repair (public and private)
• Total permitted impacts, 2002-2005
• Less than 6 ac

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LURC Regulatory Approach

• Map-based program
• P-WL 1 (wetlands of special significance)
• 218,000 ac
• P-WL 2 (scrub shrub)
• P-WL 3 (forested wetlands)
• Total acreage in Wetland Protection Dists.
• 909,000 ac (excluding submerged lands)

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LURC Regulatory Approach

• Limitations of map-based system
• Some omission of wetlands
• Some misclassifications
• Incorrect wetland/upland boundaries
• So.wetland delineation required for gt1 ac
  of disturbance

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LURC Regulatory Approach

• Land Uses
• Uses allowed without a permit
• E.g. Forest management
• Uses allowed in accordance with standards
• E.g. Timber harvesting
• Uses requiring a permit

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LURC Regulatory Approach

• Consistent with DEP approach
• Disturbance of lt4300 sf is generally exempt from
  permitting (except in P-WL1)
• Level and intensity of review reflects
• Size of alteration
• Type of subdistrict (P-WL 1, 2, or 3)
• Standards promote avoidance and minimization
• Commission may require compensation for lost
  wetland functions.

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Wetland Resource IssuesOverlapping Jurisdiction

• Several layers
• Army Corps of Engineers (COE)
• Authority Clean Water Act
• DEP LURC
• Authority Natural Resources Protection Act
  (NRPA) and LURC statute

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Wetland Resource IssuesOverlapping Jurisdiction

• Goals
• Reduce duplicative review
• Streamline permitting process
• Challenges
• Changing landscape of laws and rules
• Different mandates

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Wetland Resource IssuesConsistency of wetland
regulation

• Goal
• Consistency with other regulatory entities

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Wetland Resource IssuesConsistency of wetland
regulation

• Challenge
• Different laws ? different mandates
• LURC law
• NRPA
• Mandatory Shoreland Zoning Act

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Wetland Resource IssuesConsistency of wetland
regulation

• Examples
• Different treatment of wetland buffers by LURC
  and SLZ guidelines
• Vernal pools

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Wetland Resource IssuesWetland mapping

• NWI maps
• Ongoing advances in the quality of wetland
  information
• Ongoing advances in technological ability to
  evaluate this information

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Wetland Resource IssuesProgram administration

• Scope and complexity of program have expanded
• More wetland questions for permitting staff
• Continued staff training is critical to success
  of program

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Wetland Resource IssuesRegulatory gaps

• Wetland laws include exemptions for, or expedited
  permitting for, certain activities

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Goals and Policies

• CURRENT VERSION
• Goal Conserve and protect the aesthetic,
  ecological, recreational, scientific, cultural,
  and economic values of wetland resources.
• Policies
• Prohibit activities that impair wetland functions
  or threaten wetland values, such as construction
  of buildings, disposal of sewage, sludge or
  manure, and other inappropriate land use
  activities in wetlands.
• Guide harvesting of peatlands away from areas
  having botanical, wildlife, fisheries,
  geological, water resource, recreational,
  scientific, cultural or other public values of
  overriding significance.
• Provide an efficient, uniform system of wetland
  protection consistent with corresponding state
  and federal programs.
• Ensure that development projects in wetland (in
  this order) avoid, minimize, restore, reduce or
  eliminate over time, and/or compensate for
  functional wetland losses.
• FINE-TUNED VERSION
• Goal Conserve and protect the ecological
  functions and social and economic values of
  wetland resources.
• Policies
• Prohibit activities that impair wetland functions
  or threaten wetland values, such as construction
  of buildings, disposal of sewage, sludge or
  manure, and other inappropriate land use
  activities in wetlands.
• Guide mining of peatlands away from areas that
  have public values of overriding significance.
• Continue to work cooperatively with state and
  federal agencies to provide a wetland protection
  program that is effective and consistent with
  other programs, yet reflects the unique nature of
  the Commissions regulatory role.
• Ensure that development projects in wetlands (in
  this order) avoid, minimize, restore, reduce or
  eliminate over time, and/or compensate for
  functional wetland losses.

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Goals and Policies

• Fine-tuned policies
• Prohibit activities that impair wetland functions
  or threaten wetland values, such as construction
  of buildings, disposal of sewage, sludge or
  manure, and other inappropriate land use
  activities in wetlands.
• Guide mining of peatlands away from areas that
  have public values of overriding significance.
• Continue to work cooperatively with state and
  federal agencies to provide a wetland protection
  program that is effective and consistent with
  other programs, yet reflects the unique nature of
  the Commissions regulatory role.
• Ensure that development projects in wetlands (in
  this order) avoid, minimize, restore, reduce or
  eliminate over time, and/or compensate for
  functional wetland losses.
• Alternative policies
• Affirm the important role of wetlands in our
  natural environment, and find that the cumulative
  effect of frequent minor alterations and
  occasional major alterations of these resources
  threatens the environment and economy of the
  State and its quality of life.
• Support the nation-wide goal of no net loss of
  wetland functions and values through a program
  that promotes avoidance and minimization of
  impacts. Require compensation to off-set loss or
  degradation of wetland functions, while
  recognizing that such losses may not be avoided
  in every instance.
• Work cooperatively with state and federal
  agencies to provide a wetland protection program
  that is effective and consistent with other
  programs, yet reflects the unique nature of the
  Commissions regulatory role.
• Provide regular training to enable staff to
  effectively advise applicants and easily
  administer the wetland program.

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Goals and Policies

• Summary of draft policy changes
• First two policies
• Similar to DEP rule language (purpose)
• Affirms the goal of no net loss
• Lays groundwork for requiring compensation/mitigat
  ion
• Third policy
• Encourages cooperation and consistency while
  acknowledging LURCs unique role
• Fourth policy
• Affirms importance of training

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Goals and Policies

• Summary of draft policy changes (cond)
• Eliminates policy on peatlands
• Eliminates language on order of mitigation

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