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r
<br />their young can be
<br />r plants or water
<br />>itul wetlands are
<br />r lagoons, Hushing
<br />s. Thus, once they
<br />npirig. siltation. or
<br />d and damaged for
<br />ID REGULATION
<br />e-|iowor regulation
<br />look at previous
<br />:erned mainly with
<br />Space I.and Act.
<br />from the federal
<br />A number of local
<br />ieral assistance to
<br />areas. From l‘J61
<br />unsin. authori/.cd
<br />on of conservation
<br />s used to ac(]uire
<br />e Marsh. Federal
<br />S209.000. Similar
<br />on Ix>ng Island,
<br />s in 1965 by the
<br />liy Oyster Hay in
<br />n Nassau (.'ounty
<br />ent via the Ixmg
<br />ve severe liniita*
<br />inds do not bring
<br />chasing wetlands,
<br />paying for the
<br />68, the appraised
<br />1 from $3.G(X) per
<br />!0,000 jK-r acre in
<br />sc price for all the
<br />ilculati‘d to be a
<br />ir that acquisition
<br />ge of the nation's
<br />is that it is too
<br />ly scheduled over
<br />i.ssinjc period, the
<br />of the acquisition
<br />xtendod. wetland
<br />lopnient. In this
<br />) the acquisition
<br />for less wetb.’ul.
<br />corns the scale i»f
<br />11s limit«-d to the
<br />fortunately, the
<br />«n be meaningless
<br />whole w:Uersbe«l.
<br />sition is with tb.e
<br />in Mocii.un.
<br />lion pnqn^arn. the
<br />es to 2.0(H) acres.
<br />•veiop.'tunL. With
<br />im;; -...
<br />f: ■ ■ - j
<br />II •' w»-
<br />*\I'hjittssiiig budgeiiiry |N»riod. the om e heulthy marsh i.s
<br />toniing les.s and less ecolugirully stable. There is the
<br />«:ti'
<br />I .coiiunK -------- ------
<br />... ;..iis dangei lh.it the city will lose it.s entire investment
<br />due to pollution and siltation from surrounding
<br />lU.ulopment. Conseciuently. the acquisition program
<br />event iKilly may lead to public ownership of a small, dead
<br />The failure of acquisition suggests a jiositive role for
<br />cvel lands regulation. In contrast to acquisition,
<br />regulations are relatively inexpensive, they are timely
<br />and they cun account for the influence of the lareer
<br />watershed. *’
<br />Wetland Consen*ancy Districts
<br />I he mo.sl strikmg development in the local rc>gu]ation of
<br />wetlands has been the wetland ordinances or wetland
<br />conservancy districts. WhUe not all of these acts are found
<br />111 /.oiling ordinances, they function either as special
<br />districts or overlay districts that arc designed to
<br />encompass most, if not all, of a community ’s wetlands.
<br />I hey all follow a basic pattern and attempt to implement
<br />many of the public policy considerations outlined in the
<br />previous section. Iheir comprehensiveness of concern is
<br />t.ypifiwl by the statement of purpo.se of the New Castle.
<br />New York, Wetland Ordinance:
<br />"Hapid population growth attended by housing, roads,
<br />and other construction and increasing demands upon
<br />natural resources is found to be encroaching upon,
<br />despoiling, polluting, or eliminating many of the Town's
<br />wetlands, water bodies, water course.s, and other natural
<br />resources and processes associated therewith.
<br />Phe preservation and maintenance of wetlands, w'ater. —VI vi viiniius* waier
<br />iHidies, and water courses in any undisturbetl and natural
<br />condition constitutes important physical. c^cL'g-ral.
<br />social, aesthetic, recreational, and economic assets
<br />necessary to promote the health, safety, and general
<br />welfare of present and future residents of the Town and of
<br />downstream drainage areas.
<br />It is the intent of this Law to promote the public
<br />purpose ... by providing for the protection, preser\a-
<br />tion. proper maintenance, and use of the Town’s wetlands
<br />water bodies, and water courses by preventing o^
<br />minimi/.ing erosion due to flooding and storm water
<br />runoff, maintaining the natural groundwater supplies
<br />preserving and protecting the purity, utility, water
<br />retention capability, ecological functions, recreational
<br />usefulness, and natural beauty of all wetlands, water
<br />iwdies, water courses, and other related natural features of
<br />the terrain, and by providing, protecting, and
<br />appropriating for natural wildlife.”
<br />These statements vary somewhat in their focus. The
<br />Orono. Minnesota, Wetland Ordinance, for example, has
<br />less focus on strict preservation, but adds a list of sp^ifir
<br />intents that stress the importance of wetlantls in terms of
<br />reducing future costs caused by the pollution of adjacent
<br />waters, or obviating the need for flood-control devices, or
<br />assuring adequate supplies of groundwater. Like the New
<br />Castle ordinance, however, all of them are responding to
<br />the major concerns about wetlands: they seek to maintain
<br />them as an ecological system which functions to purify
<br />water, maintain groundwater stability, and provide
<br />specie.s diversity.
<br />lo numuain these functions, the regulations generally
<br />follow the prescription of: (1) use lists, limited to
<br />noninlensive uses so as to minimize the inq,act of
<br />devclopnjent on the wetland; and (2) restrictions on
<br />dredging and filling.
<br />Dredge and fill restrictions vary in their intensity. In
<br />some casts, the activity is entirely prohibited. For
<br />example, tlie Oruno, Minne.sota, ordinance, says “No
<br />ilhng grading dreilging. excavation, or construction
<br />shall he allowed within the Flood Main and Wetlands
<br />Con.^rvatioii Area: nor on lands abutting, adjoining, or
<br />affecting said area if such activity upon tho.se adjacent
<br />areas is incompatible with the policies expressed in this
<br />ordinance and the preservation of those wetlands in their
<br />natural .state.’
<br />Gencrully. however, the wetlands ordinances use a per-
<br />general excavation ordinances. In
<br />Little Silver New Jersey, for instance, it Is uidawful to
<br />dredge or fill “without obtaining a written permit.” 'I he
<br />permit procedures require detailed information on the
<br />purpose of the removal or disposition operations, the exact
<br />nature of f he activity, how it will he done. TI.en. through a
<br />proce.ss of hearings and reviews by the Borough Council.
<br />hi« Borough engineer, the Manning Board, and the Con-
<br />.servatiun ( oniinission, a decision is made.
<br />The wi t lands ordinances are less specific about other
<br />con.struction activity. In contrast to the Orono statement,
<br />few make reference to activitie.s on adjoining lands that
<br />may seriously damage the regulated area. Mo.st include
<br />acTivities only within the wetland itself.
<br />I his IS one of the chief weaknesses of most wetlands
<br />ordinance. By I heir nature, they are .strictly focused on the
<br />wetl.ind themselves. ’J'he bound.iry definition in the Coon
<br />Hapids Conservancy Distiict illustrates this point:
<br />District boundaries in a \vctland area are intended to
<br />.^re^Tr' * « swamp. „,arsh. or othi r wetland
<br />area. I he ed-jc .sludi he defineil as the inaik delineating the
<br />highest water level which has him maintained for «
<br />sufhcient junod «f time to leave evidence upon the
<br />landscape. Ihe edge is commonly that point when- the
<br />natural vegetation changes from iindnminantlv aquatic to
<br />inedonnnantlv lerre.strial.’’ Other onlinames. such as that
<br />rttoinmendiil m the Virginia Wetland Act. identify the
<br />areas by spei ,l,c plant types to avoid the confusion of
<br />what IS priHlonnnantly aquatic and what is not. but in
<br />Mich cases the regulated area only includes the wetlands
<br />Iheinselve.- without any buffer protection.
<br />Mapping Wetland Districts
<br />-ST Ts.;-::
<br />.seasonal rainlall or natural or manmade disturbances The
<br />Ubt.S IS doing research on large scale and .satellite
<br />r oreT r h'* ?’"'*** wetland.s). hutI it.serit the best inelhod.s are still low-altitude aerial
<br />photogiaiihy and field research. 'Ihis method, howev.v
<br />can involve considerable exix-nse. Dane
<br />^^lsconMn. and .New Orleans. I.oui,iana. have go;:e to
<br />Muh expen.se and have gained consider.ihle inf..r;n.ation
<br />irom thr Mirv4*>.s.
<br />- - •*.
<br />%
<br />. ^1
<br />In Iteii of Ihis proce
<br />, Iwolaiiic.s. They hav
<br />outside the usual zon
<br />or they have set up
<br />mechanisms for udjui
<br />model ordinance take
<br />community relies on ll
<br />lo astablish what is cc
<br />ordinance develops bo
<br />definition of marshes'
<br />definitive plant specie
<br />on more.vague definiti
<br />New York: “Wetlandi
<br />with shallow and sor
<br />waters (commonly rcl
<br />bogs).’’ There may b
<br />with these more genei
<br />Because of the diffic
<br />of wetlands, most cc
<br />procedures instead. 1
<br />has been placed in th
<br />district. Until they hi
<br />extensive field inventc
<br />USGS maps. The map
<br />on a case-by-case basis
<br />by a landowner. Parn
<br />procedure using the 1
<br />“To prove himself e:
<br />applicant must preseri
<br />that the land in quests
<br />soil type clas.slfied b
<br />Survey as poorly drain
<br />floodplain.” This maj
<br />by the Connecticut In
<br />Defining Use Lists foi
<br />Besides the proble
<br />associated problems
<br />wetlands ordinances
<br />unresolved. The most
<br />acts which allow a Ian
<br />investment. The mode
<br />Open Space Institute
<br />1. Conservation ol
<br />shellfish, and wildlife.
<br />2. Outdoor rccreati
<br />areas, field trials, natu
<br />swimming, skin divin
<br />trapping, hunting,
<br />otherwise legally perm
<br />3. Operation of dart
<br />includii.g temporary al
<br />or circulation for cmerf
<br />purposes.
<br />4. Grazing, farmii
<br />harvesting of crops.
<br />5. Boat anchorage o
<br />6. Uses accessory (
<br />primary use.s of adjoin
<br />are consistent with the
<br />Other ordinances inc
<br />Massachusetts. Wella
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