NH Rivers Management and Protection Program. Love Your River? Don t t Procrastinate Nominate!

Transcription

1 NH Rivers Management and Protection Program Love Your River? Don t t Procrastinate Nominate!

2 NH Rivers Management and Protection Program RSA 483: Created by NH Legislature in 1988 Why: Competing interests/and demands for limited river resources What: Recognized need for coordinated, local river resource management Purpose: To protect unique New Hampshire rivers for the benefit of present and future generations through local and state resource management.

3 State River Resource Management Activities Rivers Management Advisory Committee Statewide committee composed of 17 members Advises the Rivers Program regarding RSA 483 Coordinates regulatory oversight and corridor specific protection measures Rivers Coordinator reviews and comments on proposed federal and state regulated activities that fall within the river corridor

4 State River Resource Management Activities (cont.) Coordinates permit application review with the Local Advisory Committee (LAC) Rivers Coordinator reviews permit applications and notifies LAC regarding DES permit applications and other agency actions in the river corridor Participate in non-regulatory actions provide technical assistance and public outreach and education Emphasis on the Designated Rivers

5 Local Resource Management Activities for Designated Rivers LACs Advise DES, RMAC, and towns re: management of river Report annually to the town, and biannually to RMAC and DES Commissioner Comment on plans or applications that could alter the resource values for which the river is designated. Develop a river corridor management plan

6 Local Resource Management Activities for Designated Rivers Local River Management Advisory Committee (affectionately: LAC) Three individuals from each of the towns in the designated river corridor Citizens with diverse interests, including, but not limited to: Riparian Agricultural Local Government Business Conservation Recreation Individuals nominated by city/town and appointed by DES Commissioner

7 Non-Regulatory Benefits for Designated Rivers Enhancement of public awareness and promotion of river stewardship Forum created for coordination of river protection efforts 1) LAC is established 2) Incentive and assistance provided for the development and implementation of a local river corridor management plan 3) Targets additional state resources and assistance

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9 18 Rivers Designated Since 1990 ~ 1000 Total Miles 97 Natural Miles 635 Rural Miles 105 Rural Community Miles 163 Community Miles 121 Riverfront Communities 5 Unincorporated Places/State Parks 18 Local Advisory Committees (LACs) (23 w/ct River) LAC Members: ~ 160 (~ 210 w/ct River LACs)

10 Protection Measures for Designated Rivers 1) No new dams or impoundments; new dams ok if river reach classified as Community Existing dams can be repaired or reconstructed in-kind 2) Inter- basin water transfers prohibited 3) No new channel alterations; however, Commissioner may approve alterations for construction, repair or maintenance of a project 4) Setbacks established for new solid and hazardous waste facilities and landfills Setback distance depends on river classification

11 Coordinated Regulatory Oversight for Designated Rivers -..any state agency considering any actions affecting any river or segment shall notify the Rivers Coordinator prior to taking such action Statutes RSA 12-E Mining RSA 147-A Hazardous Waste RSA 149-M Solid Waste RSA 270:12 Operating Restrictions for Watercraft RSA 430 Insect Pests and Plant Diseases RSA 482 Dams RSA 482-A Wetlands RSA 483-B Surface Water Quality Protection RSA 485-A WQ standards, Alteration of Terrain RSA 485-C Groundwater Protection If the activity is within a designated river corridor, the Rivers Coordinator notifies the LAC and they may comment.

12 Local and State Resource Management: A Cooperative Approach Nomination brought to the State by the participating communities or other parties. State designation of significant rivers to manage and protect the river s values and characteristics. Local development of river corridor management plans for shorelines and adjacent lands to protect river resources - Local Advisory Committee

13 Local and State Resource Management: A Cooperative Approach Reinforced 483:2 Program Established; Intent. nothing in this chapter shall be interpreted to preempt any land and zoning authority granted to municipal bodies under RSA title LXIV. (Planning and Zoning) 483:8-a Local River Management Advisory Committees; Establishment; Duties. (c) To develop or assist in the development and adoption of local river corridor management plans under RSA 483:10. The local planning board, or, in the absence of a planning board, the local governing body, may adopt such plans pursuant to RSA 675:6 as an adjunct to the local master plan adopted under RSA 674:4. No such plan shall have any regulatory effect unless implemented through properly adopted ordinances. NOTE: Local land use regulations that exist prior to the designation remain, they are not superseded by the designation of a river.

14 Entire Nomination Process for River Designation Establish Nomination Committee Any New Hampshire Organization or Resident Diverse Geographical and Interest Group Representation Encouraged (Watershed reps) Prepare Nomination Build Local Support/Enlist Local Expertise Conduct Resource Assessment Determine River Classification(s) Submit Nomination Reviewed By Rivers Coordinator and RMAC Public Hearing(s) and River Site Visits Recommendations to DES Commissioner Approval by DES and General Court DES Commissioner Review Report to General Court Bill to Designate River into RMPP

15 Month June/July Aug./Sept. Oct./Nov. Dec./Jan. Feb./March March April May 1 June 1 June-Sept. September October 1 November 1 November 15 Show and Tell about the river. Activity Mail questionnaire. Begin to solicit comments/letters of support from local officials. Collect information on natural resources including: geology, floodplains, wildlife, endangered species, natural communities, fish Resources, water quality and natural flow characteristics discussion of findings on natural resources. Analyze questionnaire returns. Collect information on cultural resources, including: historical, archeological, and community; collect information on managed resources, including: impoundments, withdrawals, and discharges. Discussion of findings on cultural resources and managed resources. Collect information on land uses, including: open space, forests, local zoning discussion of findings on land uses. Collect information on recreation resources including, boating, public access, fishing, swimming, scenic roads, scenic views, trails, parks, camping sites, etc. (Optional) Discussion of findings on recreation resources. Plan public meeting(s) in April. Issue announcements. Decide proposed classifications for river segments. Hold public meeting(s). Meet with town boards and committees to seek suggestions and endorsements. Decide on final recommended classifications. Submit nomination to Rivers Coordinator for completeness review. Submit completed nomination to Rivers Coordinator. Rivers Coordinator and RMAC review the nomination. Rivers Coordinator and RMAC hold public hearing(s). RMAC and Rivers Coordinator forward recommendations to the Commissioner. Sponsors are notified if the nomination will not be forwarded to the State Legislature. Commissioner forwards the approved nomination to the State Legislature in the form of a bill

16 Preparing a Nomination: Public Support and Involvement Encouraged throughout nomination process Nomination process initiated by local group Public information meeting to start the nomination process Draft Nomination document is developed by local group Public information meeting prior to submitting Draft Nomination document Formal public hearing held by the RMAC and the RMPP before nomination accepted

17 Preparing a Nomination: Recommended Process Nomination preparation an eight step process: Step 1: Contact the State Rivers Coordinator Step 2: Work with a Committee on a the Nomination Step 3: Identify sources of Help and Information Step 4: Conduct a Resource Assessment Step 5: Build Local Support Step 6: Determine Classification(s) for River of River Segments Step 7: Complete the Nomination Form Step 8: Submit the Nomination Form

18 Preparing a Nomination: Submission Nomination submitted for review to Rivers Coordinator and RMAC must include Detailed resource assessment Classification of river segments proposed for designation Map of river corridor showing town boundaries, roadways, and location of significant river resources Documentation of community support for river designation into RMPP Documentation of notification of local officials and all riparian landowners

19 Preparing a Nomination: Resource Assessment Natural Resources 8 Characteristics Geologic, Wildlife, Vegetation, Fishes, Water Quality, Open Space, Natural Flow Characteristics Managed Resources 3 Characteristics Impoundments, Withdrawals/Discharges, Hydroelectric Resources Cultural Resources 2 Characteristics Historical/Archaeological, Community Recreational Resources 4 Characteristics Fishery, Boating, Other Recreation, Access Other Resources 5 Characteristics Scenic, Land Use, Land Use Controls, Water Quantity, Riparian/Flowage Rights

20 If a river is designated Rivers Classification System Four Categories: 1. Natural There are different protections specified in statute for each category 2. Rural 3. Rural-Community 4. Community

21 Reviewing the Nomination: Evaluation Process 1. Rivers Coordinator general evaluation and point system 2. RMAC presentation and activity planned by sponsor 3. Site Visit and Public Hearing opportunity for local community to express support 4. Rivers Coordinator and RMAC Recommendations summary of resource valuation, point system, public hearing, local support and recommendation to DES Commissioner

22 Nomination Approval and Formal Designation 1. Rivers Coordinator and RMAC recommendations sent to DES Commissioner for review 2. DES Commissioner decision to forward to General Court for consideration 3. Report to General Court prepared by NH Rivers Coordinator 4. General Court considers bill to designate river into RMPP 5. Governor signs bill adopting river into RMPP

23 If the Nomination is Successful River recognized as significant statewide resource Formation of LAC Development of river management plan Review and comment - permit applications Continued technical assistance provided by DES River corridor protection measures as outlined in RSA 483 instituted Instream Flow protection measures as outlined in RSA 483 instituted (pilot rivers of Lamprey and Souhegan)

24 If a river is designated a Designated River Corridor is established The river and land area located within a distance of 1,320 ft. of the normal high water mark or the landward extent of the 100 year floodplain as designated by (FEMA).

25 So, don t Procrastinate nominate! Michele L. Tremblay naturesource communications New Hampshire Rivers Council Jacquie Colburn, Program Coordinator Rivers and Lakes Management and Protection Programs jacquie.colburn@des.nh.gov or search for Rivers Management and Protection Program

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