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1. What is the Wetlands and Water Quality (WC) Overlay District?

Per 235-17.C.: 

(1)The WC District shall consist of all lands which meet the definition of wetlands, as specified in Article II, and wetland waterbody buffers as designated in this section, and vernal pools as defined in Article II. 

[Amended 5-22-2000 by Ord. No. 05.2000.05; 10-14-2008 by Ord. No. 07.2008.07] 

(2) The WC District shall be superimposed upon/ other zoning districts in this chapter, and the regulations pertaining to the WC District shall be in addition to the regulations of the underlying districts and other City ordinances and regulations. Where any provision of these regulations imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control. 

2. Who can identify and delineate a wetland or vernal pool on my property?

Per 235-17.C.: 

(3) Wetlands and vernal pools shall be delineated by a certified soil scientist as licensed by the State of New Hampshire. 

[Amended 10-14-2008 by Ord. No. 07.2008.07]  

https://forms.nh.gov/licenseverification/ 

 

Ideally, any potential vernal pool will be surveyed in the springtime, March-May, when they are the most prevalent.  

3. What is the purpose of wetland/waterbody buffers?

Per 235-17.B(2), the purpose is to; 

Ensure the protection of wetland and waterbody buffer areas from activities that would adversely affect their ability to protect wetlands from degradation to: 

(a) Prevent erosion and sedimentation by stabilizing soil. 

(b) Moderate the effects of stormwater runoff by filtering sediment, nutrients and harmful or toxic substances, and moderating thermal discharges. 

(c) Protect and maintain wildlife habitat. 

(d) Support and protect wetland plant species. 

(e) Reduce the disturbances to wetland resources caused by intrusion of human activity. 

 

4. What local wetland and vernal pool buffers exist?

Per 235-17.D.; 

(1) Wetland buffer areas shall be defined as all land lying: 

(a) Within 100 feet outside the boundary of any prime wetland. 

(b) Within 75 feet outside the boundary of any non-prime wetland contiguous to public waters and including the following brooks: Durkee Brook, Jewett Brook, Black Brook, Langley Brook, Mellinger Brook and unnamed brooks designated A through I on the Official Zoning Map. 

(c) Within 50 feet outside the boundary of any other wetland. 

(2) Wetland buffer maintenance. Wetland buffers shall be retained and maintained in their natural condition. Where wetland buffer disturbance is permitted pursuant to this chapter, revegetation of the disturbed area is required.

(3) Vernal pool buffers. Vernal pool buffer areas shall be defined as all land lying within 100 feet outside the boundary of any vernal pool. 

(4) Vernal pool buffer maintenance. Vernal pool buffers shall be retained and maintained in their natural condition. Where vernal pool buffer disturbance is permitted pursuant to this chapter, revegetation of the disturbed area is required. 

5. What local waterbody buffers exist?

Per 235-17. E.,Waterbody buffers shall be retained and maintained in their natural condition. Where waterbody buffer disturbance is permitted pursuant to this chapter, revegetation of the disturbed area is required to the greatest extent possible. Waterbody buffers are defined as all land lying:

(1) Within 75 feet of the following brooks: Durkee Brook, Jewett Brook, Black Brook, Langley Brook, Mellinger Brook and unnamed brooks designated A through I on the Official Zoning Map. 

[Amended 10-14-2008 by Ord. No. 07.2008.07; 8-13-2012 by Ord. No. 10.2012.10] 

(2) Within 30 feet from the top of bank on both sides of intermittent and perennial streams. These streams are shown on and will correspond to the latest version of the United States Geological Survey Map.

(3) See this section for exceptions. 

6. What activities are prohibited in the Wetlands Conservation and Water Quality (WC) Overlay District?

Per 235-17.G.: 

(1) The establishment or expansion of: 

(a) Salt storage sheds. 

(b) Junkyards, resource recovery facilities, transfer stations or landfills. 

(c) Solid or hazardous waste facilities. 

(2) The bulk storage of chemicals, petroleum products or toxic and hazardous materials. 

(3) The dumping or disposal of snow and ice collected from roadways and parking areas. 

7. What activities in the Wetlands Conservation and Water Quality (WC) Overlay District require a Conditional Use Permit (CUP)?

Per 235-17. H. Uses requiring a conditional use permit. A conditional use permit is required for the following uses in the WC District: 

(1) Activities that alter or remove soils or vegetation including clearing, dredging, draining or filling. 

(2) Activities which alter the natural drainage system resulting in a change in the flow of water, water level or water table. 

(3) Water impoundments for the purpose of creating a waterbody for wildlife, on-site detention of stormwater runoff and/or for recreational uses. 

(4) The undertaking of a use not otherwise permitted in the WC District that is permitted in the underlying zoning district, if it can be shown that such proposed use is not in conflict with any and all of the purposes of the WC District. 

8. Do I need a local permit to install a deck within the wetland buffer?

Yes, you will need a wetlands Conditional Use Permit (CUP) to install a deck within a wetland or its buffer because you will need to excavate/disturb the soil in order to install foundation posts.   

9. Do I need a local permit to install a patio within the wetland buffer?

Whether you need a permit will depend on what material you plan to make your patio out of. If you are not altering or removing soils or vegetation, and installing pervious patio pavers, you will not be required to get a permit. If your patio is going to be impervious (i.e. made of poured concrete), or you will need to remove vegetation to install the patio, you will need a CUP.  

10. Do I need a local permit to install a driveway through a wetland or its buffer?

Yes, you will need a wetlands Conditional Use Permit (CUP) to install a driveway within a wetland buffer, per 235-17.H.(1) Activities that alter or remove soils or vegetation including clearing, dredging, draining or filling.

 

The Department of Public Works should also be contacted in regards to a driveway permit: (603) 528-6379 

11. Do I need a local permit to install or repair a culvert?

A wetland Conditional Use Permit is needed when installing/repairing a culvert under 235-17.H.

(2) Activities which alter the natural drainage system resulting in a change in the flow of water, water level or water table.  

12. I am applying for a wetland Conditional Use Permit (CUP). What requirements do I need to meet specific to wetland information?

A checklist of questions that must be answered for your wetlands CUP are on page 8 of the application, found here.

Part of question 1 asks for a “listing of any representative or rare examples of wetland plants or animals” that may be present. This can be found by using the free Natural Heritage Bureau’s (NHB) DataCheck Tool at: https://www2.des.state.nh.us/nhb_datacheck/ 

13. I believe there may be a wetlands violation in the city. What do I do?

Please contact the Conservation Technician in the Planning Department as soon as possible so that they can investigate the incident.DO NOT trespass onto the property seeking photos or information.