Community Leaders and Others Compare Municipal Land Conservation Strategies

WAKEFIELD, NH - More than 25 community leaders and others interested in local land conservation issues attended a Community Conservation Roundtable on January 19. Held at the Wakefield Town Hall, the workshop drew attendees from as far away as Wolfeboro, Ossipee and Dover NH. Carroll County Representative Jim Martin attended the roundtable and opened the evening with a brief statement about the importance of land conservation throughout the region and the state.

Wetlands Scientist Mark West described the recently updated wetland mitigation rules developed by the state Department of Environmental Services. "You have to have a reason to fill a wetland," he said. "Any impact of more than 10,000 square feet requires mitigation." Mitigation could mean restoring high-value wetland areas that have been compromised, creating new replacement wetlands, or conserving the uplands adjacent to impacted wetlands. West also reviewed important wetland functions, emphasizing that not all wetlands are created equal. Some important wetlands functions include groundwater recharge and discharge, shoreline stabilization, and wildlife habit. "You really need to use a Wildlife Habit Field Data Form to identify the high value wetlands," he said. "What about man-made wetlands, like a 5- by 10-foot tire rut that's collected rain water?" asked Wakefield Selectman Paul Morrill, who attended the workshop. "Would something like that be as important as a naturally occurring wetland?" "In the eyes of the DES, size doesn't matter," West replied. "Man-made wetlands are evaluated in the same light as wetlands that are naturally formed." He emphasized the importance of accurately identifying high-value wetland areas.

UNH Forest Resources Extension Educator Phil Auger took the stage after West. Pointing to the rapid rate of development in recent years, Auger described the three primary methods of municipal fundraising for land conservation that NH towns and cities have drawn upon to conserve their remaining undeveloped lands: conservation funds derived from the state Use Change Tax, project-based warrant articles, and bonding.

"More than 75 percent of communities from around the state are allocating at least a portion of the change-of-use tax for land conservation," he said. Auger noted that project-based warrant articles have generally garnered the greatest success rate. "More than $100 million has been appropriated for special bonding over the past four years," he said. Auger also addressed the differences between conserving land through voluntary conservation measures and regulatory controls. "The best conservation outcomes are achieved by working with individual landowners to conserve specific properties," he emphasized.

While open space subdivision ordinances can be effective conservation tools, "Too many cluster ordinances are written so that properties that would not otherwise be subdividable are then crowded with houses," Auger said. "The 'conservation land' that's left is often low-value, undesirable land."

"The most successful open space ordinances are Planning Board driven, not applicant driven," he said. "They are based around protecting the property's key natural resource features." For examples of well-written open space ordinances, Auger referred audience members to the open space subdivision ordinance developed by the Town of Gilmanton, and a similar template recently created by the Strafford Regional Planning Commission. Auger pointed out that not all open space merits the same degree of protection. "Only use conservation easements if the open space passes the private land trust test of acceptance," he advised.

He also described the importance of ongoing easement monitoring responsibilities. "Homeowners associations are not qualified to manage conservation land," he said. "They just don't have the experience." While municipal Conservation Commissions are legally entitled to hold and oversee conservation easements, Auger observed that, "Communities have traditionally been poor easement holders." He advised municipalities that are serious about land conservation to see qualified professional help, such as that available through land trusts like Green Mountains Conservation Group or a conservation organization like Moose Mountains Regional Greenways.

For those communities that are committed to managing local conservation lands internally, Auger offered the following advice:

• Hire experienced professionals as needed;
• Train a few good volunteers to steward easements;
• Keep good files in a secure location; and
• Make sure that the local Planning Board and Board of Selectmen know the legal responsibilities involved.

Moose Mountains Regional Greenways and the Green Mountain Conservation Group organized the workshop, with support from NH Estuaries Project. Moose Mountains Regional Greenways is a non-profit conservation organization that works to conserve and connect the most special natural resource areas of New Hampshire's northern Strafford and southern Carroll counties. For more information about Moose Mountains, call 603-817-8260 or visit www.mmrg.info.

The Green Mountain Conservation Group strives to create awareness and appreciation of the Ossipee region's watershed and natural resources. For more information about Green Mountain, call 603-539-1859 or visit www.gmcg.org.

NH Estuaries Project is a government program established under the Clean Water Act to promote and protect nationally significant estuarine resources. For more information about the program, call 603-559-0022.