Town of Bow
Municipal Office Building
10 Grandview Road
Bow, NH 03034

I. 10.01 Wetlands - NHDES Rules Citations.Revise 10.01. B. 3. and F. 2. e. to update references to NHDES Rules Citation for Wetlands, specifically stream crossings.
  dated 11-29-10
   
  10.01 Wetlands Conservation (WC) District

 

B. Establishment of the WC District

 
  1. The WC District is established in accordance with, and for the purposes so stated in Section 4.01, Establishment of Districts and Statement of Purpose of Each, of this Ordinance.

  2. The WC District shall consist of the following lands:

    1. Lands as indicated in Section 4.02, Zoning Map, of this Ordinance;

    2. Lands that meet the definition of wetlands or Surface Waters as specified in Article 3, Definitions, of this Ordinance;

    3. Lands designated as Prime Wetlands pursuant to RSA 482-A:15, N.H. Administrative Rules Env-Wt 700, and this Section; and

    4. Buffers to Wetlands, Prime Wetlands, and Surface Waters as designated pursuant to this Section.

  3. If a boundary of the WC District is disputed by either the Planning Board or an applicant, the exact location of the boundary shall be determined by the Planning Board in consultation with the Conservation Commission. The Planning Board, at the applicant's expense, may engage a certified wetland scientist to determine the precise location of the WC District boundary, using the methodology consistent with N.H. Administrative Rules Env-Wt 100-800 900, and in accordance with the "1987 Corps of Engineers Wetlands Delineation Manual" or most current methodology accepted by NH DES Wetlands Bureau and providing documentation in the form of the US Army Corps of Engineers New England District Wetlands Delineation Datasheet. In the alternative, the applicant may retain such a scientist, acceptable to the Planning Board and Conservation Commission, to make such determination. A report of the scientist's findings shall be submitted to the Planning Board and the Conservation Commission, and shall include, if warranted, a revised wetland map of the area in question along with a written report of the results of the investigation together with the completed data forms.

 

 

2.

 

F. Standards for Granting of a Conditional Use Permit in the WC District

In addition to the requirements of Article 12, Conditional Use Permits, of this Ordinance, the applicant shall provide adequate documentation in order for the Planning Board to make a finding that the proposed use or activity meets the following conditions:

  1. The proposed activity or use is consistent with the purposes of the WC District;

  2. The proposed activity minimizes the degradation to, or loss of wetlands and wetland buffers, and minimizes any adverse impact to the functions and values of wetlands and wetland buffers as determined by a wetlands evaluation in accordance with an established methodology such as The Highway Methodology Workbook Supplement (1999) of the US Army Corps of Engineers;

  3. The proposed activity minimizes the environmental impact to abutting or downstream property and/or hydrologically connected water and/or wetland resources;

  4. The proposed activity or use cannot practicably be located otherwise on the site to eliminate or reduce the impact to the Wetland or Surface Water and/or its buffer area, provided however, this condition shall not apply to impoundments for the purpose of creating a water body for wildlife, on-site detention of stormwater runoff, or for recreational uses;

  5. Federal and/or state permit(s) have been received for the proposed activity in accordance with N.H. Administrative Rules Env-Wt 100-800 900, the Federal Section 404 Permit; and

  6. Where applicable, proof of compliance with all other state and/or federal regulations has been received.
   

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