A.
Preamble.
(1)
The Department of Environmental Protection has recognized the value
of buffer zones to the protection of wetlands. 310 CMR 10.02 (2)(b)
provides that any activity proposed within the buffer zone which,
in the judgment of the issuing authority will alter an area protected
under the Act is subject to regulation. It is generally agreed, however,
that more protection is necessary for the one-hundred-foot buffer
zone than is provided for in the state regulations. Since most of
the proposed activities coming before the Commission occur in the
buffer zone, this new section has been added to define the Commission's
concerns and to set forth measures which must be taken to prevent
the detrimental impacts of activities in this area on those wetland
values protected by the Orleans Wetlands Protection Bylaw.
(2)
These adverse impacts can arise from both construction and from the
ultimate use of the project involved. They include, but are not limited
to, erosion, siltation, loss of groundwater recharge capability, contamination
of water bodies by surface runoff carrying heavy metals such as lead,
cadmium, copper and zinc, hydrocarbons such as gasoline and motor
oil, pesticides and herbicides, bacteria, viruses, and sediments.
Nutrient loading of water bodies results from the use of lawn fertilizers
as well as septic effluent. Wildlife habitat may be lost through introduction
of invasive plants or otherwise and aesthetic values compromised.
[Amended 4-26-2017]
(3)
One method of protecting environmentally sensitive areas is to provide
vegetated areas or buffer zones between structures and the resource
to be protected. Such buffer zones can filter or absorb many of the
pollutants, encourage water recharge, prevent erosion and sedimentation,
provide wildlife habitat and help to preserve the aesthetics of our
natural shoreline.
(4)
Vegetation in the entire one-hundred-foot buffer acts to prevent
pollution of groundwater and surface water, functions as erosion control
and wildlife habitat, and provides aesthetic improvement. Buffer zones,
due to their plant community composition and structure, hydrologic
regime or other characteristics that provide important food, shelter,
migratory or over-wintering areas or breeding areas for wildlife are
presumed to be significant to the protection of wildlife habitat.
Buffers around vernal pools are especially important as the adult
stages of the amphibians using the pools are generally found within
300 feet of the pool. Trees and shrubs provide important screening
of buildings from public areas. Vegetation in the one-hundred-foot
buffer also reduces the velocity and the nutrient content of the runoff,
which protects the water body.
(5)
Buffer zones are often compromised by existing structures, or roadways.
The remaining buffer is especially important to protect the interests
under the Act.
B.
Presumption. Where a proposed activity involves the altering of a buffer zone, the Commission shall presume that such area is significant to the interests specified in the Orleans Bylaw — Chapter 160. This presumption is rebuttable upon clear and convincing evidence that the buffer zone does not play a role in the protection of said interests. No work will be permitted in the buffer zone which has a significant adverse impact upon the interests (wetland values) protected by the Act or the Orleans Bylaw. In buffer zones adjacent to an ACEC and in the Town Cove/Nauset estuary, the no adverse impact standard will apply.
C.
Guidelines for work in the buffer zone.
(1)
Buffer strip. Where work results in eroded or bare ground, the area
must be revegetated as soon as practicable or mulched immediately.
Where there is new construction or reconstruction, a buffer strip
will be required landward of the resource area. It shall consist of
natural indigenous vegetation and shall be a minimum of twenty-five
(25) feet in width depending on factors below. The Commission may
also require that a buffer strip be created where none presently exists
to mitigate past buffer alterations. No work will be permitted in
the buffer strip except limited vegetation removal or reduction and
work necessary to maintain the buffer strip as described under elements
of buffer strip.
(2)
Between twenty-five (25) and fifty (50) feet landward of the resource
area, only activities that protect or enhance the wetland interests
and values protected under the Act and the Orleans Bylaw will be permitted.
It is the Commission's intent to maintain a fifty-foot buffer
strip. In determining the feasibility of such a width, the Commission
may consider the prior use of the specific area as well as other factors
such as the topography, size and configuration of the lot and the
impact of a setback of the applicant's ability to obtain substantially
the view sought or the desired location of the proposed structure.
For new construction, in no instance should the "limit of work" area
extend into the fifty-foot area. Notwithstanding the previous statements,
landscaping which includes selective vegetation removal and replacement,
and selective pruning, and vista cutting, may be permitted at the
discretion of the Commission upon clear and convincing evidence that
the wetland values noted above will be protected.
(3)
Between fifty (50) and one hundred (100) feet landward of the resource
area, alterations, including construction, will only be permitted
where such work can be conditioned by the Commission to fully satisfy
the required standards of protection to the wetlands interests identified
in the Act and the Orleans Bylaw.
(4)
When considering guidelines for work in the buffer zone, the site specificity and precedence provision enumerated in § 196A-3K of these regulations should be noted.
(5)
Installation of underground utilities (gas mains, water mains, power
lines, etc.) within the buffer zone are to be considered as new construction
and must be conditioned as such. Any installation within the fifty-foot
buffer strip of a resource area will require a variance from the regulations.
(6)
When situating a new building or an addition within the fifty- to
one-hundred-foot buffer zone, where feasible the structure should
be set back at least 75 feet from the resource area to allow for passage
between the building and the fifty-foot buffer and to avoid the intrusion
of lawn in the fifty-foot buffer.
D.
Buffer strip.
(1)
Goal. The goal of the Commission is to maintain a strip of dense,
vegetative cover between the development activity and the resource
area to be protected, consisting of indigenous plant materials suitable
for the maintenance of wildlife, both flora and fauna.
(2)
Function. A buffer strip serves to provide wildlife habitat, improve
water recharge, reduce pollution and erosion and to maintain the natural
appearance of our fresh and saltwater shorelines.
(3)
Size of buffer strip.
(a)
Such a strip shall be a minimum of twenty-five (25) feet in
width running along the resource area boundary, unless such width
is unreasonable in view of the lot size, placement of an existing
structure or such other factors as the Commission may consider.
(4)
The elements of the buffer strip should reflect the indigenous vegetation
suitable to the site.
(a)
Coastal banks should be protected from run off and erosion by
planting adjacent areas with at minimum low-growing salt-tolerant
shrubs such as roses (Rosa virginiana, Rosa Carolina), bayberry (Myrica
pensylvanica) and beach plum (Prunus maritime), and/or a border of
field grasses mowed only once a year between October and March to
a minimum height of 3 inches.
(b)
Approval may be granted to maintain dense plantings at the top
of a coastal bank at a three-foot height where necessary for view
preservation. Fast-growing shrubs such as Rosa rugosa may be pruned
to permit regrowth from the plant's base.
(c)
Freshwater wetlands should retain their bordering native pond
shore shrubs such as blueberry (Vaccinium corymbosum), swamp azalea
(Rhododendron viscosum), sweet pepperbush (Clethra alnifolia), inkberry
(Ilex glabra) and herbaceous plants that grow on the edge of the wetland
and on to the bank; for example, blue joint grass Calamagrostis canadensis),
rushes (Juncus effuses, J. canadensis) and thoroughworts (Eupatorium
hyssopifolium, E. perfoliatum).
(d)
Where new plantings are permitted in the order of conditions,
use of organic fertilizers may be allowed. The use of herbicides should
be limited but if needed for invasive plant control, a licensed applicator
shall be utilized. Consult Barnstable County Extension Service for
further details of I.P.M.
(e)
Plantings which require heavy watering will not be permitted,
particularly adjacent to coastal banks where such watering may result
in runoff and erosion.
(f)
An access path, not more than four (4) feet wide through the
strip may be maintained by such mowing as is required.
(5)
Permissible work in buffer strip. While it is the Commission's intent that no work shall occur in this strip, any work which is proposed must meet a higher performance standard than work proposed elsewhere in the buffer zone, and will generally be limited to habitat improvement or vista cutting. Vista cutting is limited to pruning, lifting and clearing as defined below. Habitat improvement is described under Subsection G, Wildlife habitat. The Commission may require that a buffer strip be created where none presently exists to mitigate past or present construction impacts.
E.
Pruning, cutting, clearing and planting.
(1)
Cutting, removal, or other destruction of aboveground vegetation within a resource area as defined in § 196A-2 of these regulations or within a buffer strip as defined above shall be limited. If a buffer strip is to be maintained in grasses or as a wildflower meadow, other appropriate vegetation removal may be approved.
(2)
Identification of specific view: View clearing in the buffer zone
or vista cutting and pruning in the buffer strip or resource area
will not be permitted until construction is completed and a specific
view identified after occupancy. Applicants are encouraged to consult
with the Commission before submitting the appropriate filing and when
planning projects that involve the removal or replacement of vegetation
in the buffer zone, buffer strip, or resource area.
(3)
CUTTING
CLEAR CUTTING
SELECTIVE CUTTING
VISTA CUTTING
PRUNING
SELECTIVE PRUNING
LIFTING
Buffer zone and buffer strip definitions. As used in this section
the following terms shall have the meanings indicated:
The removal of vegetation.
Removal, to the ground, of all woody vegetation, including
mowing of understory brush down to a minimum height of two (2) inches.
The removal of smaller, weaker, dead and less desirable tree
species, leaving the more vigorous and native trees.
The removal of vegetation that blocks a view.
The removal of branches or parts of branches on shrubs and
trees.
Removal of dead, diseased, obstructing, and weak branches
or parts of branches, as well as selective thinning of branches to
lessen wind resistance.
Lifting of the canopy by removing lower limbs from the main
trunk.
(4)
Criteria.
(a)
Pruning. When selective pruning of trees is permitted, the removal
of such branches shall be as described above for removal of dead,
diseased, obstructing and weak branches as well as thinning of branches
to lessen wind resistance. When pruning of shrubs is permitted, the
shrubs shall retain their natural shape and features such as fruits
and flowers by selecting the optimum height for the shrub and pruning
different branches in alternate years. With prior approval, top of
coastal bank plantings may be pruned to a minimum of 4 feet yearly.
(b)
Cutting. When cutting of live trees for a view is proposed,
the Commission will require that pruning and thinning the canopy shall
be accomplished first. When cutting is the only viable option in a
heavily vegetated lot the Commission may allow the removal of up to
5% of existing trees greater than or equal to (>) 6 inches of diameter at breast height, or 10% of existing trees
less than or equal to (<) 6 inches of diameter
at breast height in any three-year period. All trees proposed to be
removed must be clearly delineated on-site. Specific specimen trees
may be identified by the Commission for preservation.
(c)
When removal of fallen or damaged trees is desirable after a
storm, the Commission may allow this through either acceptance of
DEP-issued emergency regulations, or through the normal administrative
review filing procedure. If storm-damaged trees provide an immediate
risk to the health or safety of residents, emergency removals can
be authorized by the Commission or its agent.
(d)
Dead and diseased trees may be removed if they endanger a structure
or live vegetation. Flush cutting rather than uprooting will be required
in some cases.
(e)
When lifting is proposed, the health of the tree must be considered
as well as the impact to wildlife. In no instance shall more than
1/3 of the above ground trunk height be pruned.
(f)
Clear cutting of land is prohibited. The only clear cutting
within jurisdiction that shall take place will be for the clearing
of land for the construction of buildings with Commission approval.
(g)
The Commission may require the replacement planting of native
shrubs and trees in areas proposed for tree removal.
(h)
When vista pruning/cutting is proposed, the Commission encourages
that specific windows of view (containing top, sides and bottom and
not devoid of all tree canopy species) be identified and shown on
a plan. The Commission prohibits property line to property line cutting.
Filtered vistas are encouraged and can be normally accomplished through
pruning and lifting, although topping of trees may be permitted in
specific cases. Clear cutting for a view is prohibited.
F.
Lawns.
(1)
Preamble. Lawn fertilization can be a major source of excess nutrients that leach into groundwater or are washed off into roads that lead to water bodies causing eutrophication, unwanted algal blooms, oxygen depletion, fish kills and foul odors. The extent of such eutrophication will depend upon the amount of nutrients added and the flushing capacity of the receiving waters. Insecticides and herbicides used to maintain lawns also contaminate our waters. Under the Orleans General Bylaw Chapter 103, the application of nitrogen and phosphorus is prohibited within 100 feet of resource areas provided it does not meet one of the allowable exemptions under the General Bylaw.
[Amended 4-26-2017]
(2)
Requirements. Grasses with their fibrous root system tend to be excellent
stabilizing plants especially on steep slopes. The same factors that
affect trees and shrubs also influence the health of grasses.
(a)
For any lawns that are to be planted within 100 feet of a resource
area, a minimum of 4 to 6 inches of loam is required prior to planting.
This will improve conditions for the lawn and also reduce chances
of nutrient leaching through the soil.
(b)
Only hardy species of grass that require little or no fertilizer
and those that can tolerate drier conditions are allowed, such as
a mixture of fescues, rye grasses, etc.
(3)
Herbicide use.
(a)
Because Cape Cod is such an environmentally fragile area, the
Commission suggests limited use of herbicides. When they are absolutely
required, the Commission recommends that professional advice be sought
and that a licensed applicator must be employed if either herbicides
or pesticides are used within Commission jurisdiction.
G.
Wildlife habitat. See § 160-4 OWPB.
(1)
Preamble. The Commission encourages the preservation of indigenous
vegetation for environmental protection and also because of its important
function as wildlife habitat. Plants that are sometimes regarded as
trash species are often used by wildlife for important functions such
as nesting, feeding and protective cover sites. For example, fox grape
and other vine-like plants are used as food sources and nesting sites
by both native and migratory species. Dead trees, often considered
undesirable, are used as nesting and perching sites for a variety
of birds and mammals, and as a food source by insect-eating birds.
Dense understory in wooded areas may provide nesting sites, travel
corridors and protective cover for a wide variety of fauna. In addition
to its aesthetic value, wildlife also serves to maintain a natural
checks and balances system within various ecological communities.
A well-known example of this balance is the predation of birds acting
to control the populations of various insects.
(2)
Habitat improvement.
(a)
Different groups of native plants make up various habitats,
such as a sand plain grassland or pond shore shrub community. These
native plant communities or habitats are often overrun with non-native
and/or invasive species such as bittersweet, honeysuckle, bamboo,
etc. Although these species may provide some cover and food for some
animals, the native wildlife is dependent on the local native plant
species that these are replacing. Removing non-native plants and replacing
them with native species suitable for each habitat can improve the
habitat. Within the fifty-foot buffer zone only native non-invasive
species may be planted (with the exception of Japanese rose [Rosa
rugosa] on coastal banks). Non-native non-invasive plants may be used
outside the fifty-foot buffer zone, though the Commission emphasizes
the advantages of using native species well adapted to Cape soils
and weather conditions.
(b)
Supporting a greater variety of wildlife is possible by increasing
food sources and providing maximum protection. Both are achievable
by providing a full range of plant species types for each vegetation
layer: the lower level with groundcovers, grasses and wildflowers;
the middle layer with shrubs and small trees; and the upper canopy
with large trees. Removal of the shrub layer or lifting all the trees
would eliminate food sources, reduce protection and prevent some species
from nesting or denning on the site. However, the Commission encourages
the removal and replacement of invasive species such as bamboo, phragmites,
bush honeysuckle, autumn olive, etc. with native species if it can
be shown that such removal and replacement will enhance or protect
wildlife habitat.
(c)
No landscaping or vegetation plan associated with any application
to the Conservation Commission should propose the use of plant species
listed on the Orleans Prohibited Plant List, which is available in
the Conservation Department. Planting of invasive plants anywhere
within the one-hundred-foot buffer is strictly prohibited.
(3)
Presumption of significance:
H.
Limit of work. All development activity shall be contained within
the limit of work as determined by the Commission. The limit of work
line as shown on the plan is, therefore, a strict limit, and any work
outside this line including pruning and construction staging) will
require a new filing.
I.
Erosion control.
(1)
Methods of erosion control: Planting of appropriate grasses, shrubs
and trees and the use of buffer strips, catch basins, dry wells, diversion
ditches, contour terraces, stone trenches earthen dams, grassed waterways,
etc. are all recognized erosion control measures and are to be utilized
in appropriate places considering specific sites.
(2)
A fabric silt fence is the preferred method of protecting downside
areas from erosion during the construction phase. This erosion control
method must be shown on the submitted plan and installed on the contour
in order to prevent runoff and erosion. It must be maintained intact
until the disturbed area is stabilized and revegetated. Straw bales
or straw wattles should only be used to support fabric silt fences
in steep terrain or wherever else is deemed advisable to protect the
buffer zone. The bales and or wattles must also be maintained intact
and the disturbed area must be revegetated as soon as the bales are
removed.
(3)
The silt fence or straw bale/wattle barrier may also serve to delineate
a portion of the limit of work on the site and may be required to
confine the construction activity as well as to prevent erosion. These
must also be placed on the contour.
(4)
Revegetation/mulching requirements.
(a)
Any activity that denudes or bares 50 square feet or more of
ground surface within 100 feet of a resource area requires immediate
seeding of a fast germinating grass such as annual rye grass. Native
grass mixes or native groundcovers must be used within 50 feet from
the edge of a resource area.
(b)
This area must be covered with a light mulch to enhance germination
and to assist in prevention of runoff.
(c)
Construction sites must have some method of erosion control
to prevent sedimentation into roadways as a result of the bare ground.
(d)
Erosion control methods may also apply to certain areas outside the jurisdiction of the Conservation Commission. [See § 196A-2B(3).]
A.
Preamble.
(1)
An Area of Critical Environmental Concern (ACEC) is established under
MGL c. 21A, § 2(7). Pleasant Bay and Inner Cape Cod Bay
have been so designated. The landward extent of the Inner Cape Cod
Bay ACEC is the ten-foot contour. The landward extent of the Pleasant
Bay ACEC is the ten-foot contour plus 100 feet. The additional 100
feet beyond the ten-foot contour included with the Pleasant Bay ACEC
is important in reducing anthropologic effects to the water body such
as siltation from erosion caused by increased runoff from pavement
and buildings or pollution from hydrocarbons or pesticides in the
runoff. For the same reasons, this additional protection is also necessary
for the Inner Cape Cod Bay ACEC. The natural components of both ACECs
include barrier beach systems, dunes and sandy beaches, acres of salt
marsh, productive shellfish habitat, large estuaries, anadromous fish
runs, floodplain, and extensive areas for boating and swimming. The
estuaries are habitat for upland species and waterfowl as well as
a spawning and nursery ground for many marine species. The beaches,
dunes and marshes protect adjacent upland from storm damage.
(2)
Clean water must be maintained to protect the marine resources as
well as the public health of recreational boaters, fishermen and swimmers.
The biological productivity of these estuarine systems is sustained
by the contiguous salt ponds and salt marshes that contribute large
quantities of nutrients, carbon and energy to the coastal food chain.
Minimum alteration of the natural features of the ACEC allows them
to function at their natural capacity. These undeveloped expanses
also contribute to the scenic beauty enjoyed by Orleans residents
and visitors.
B.
Performance standards.
(1)
The standard of performance that must be met by proposed development
activities in and adjacent to an ACEC is no adverse effect - 310 CMR
10.24(5). It is the responsibility of the applicant to show, using
credible evidence from a competent source, that the proposed activity
will have no adverse effect, either immediate or cumulative, on the
ACEC resources. Additionally, there shall be a performance standard
of no adverse impact within 100 feet of the ten-foot contour for the
Inner Cape Cod Bay ACEC.
(2)
Since the Nauset/Town Cove estuary shares all the same characteristics
of both the Orleans ACECs, the Commission herein sets the same performance
standard of no adverse impact for the Nauset/Town Cove estuary. The
Nauset/Town Cove estuary will be defined as 100 feet from the ten-foot
contour.
This Section 310 CMR 10.57 is incorporated subject to the changes
below.
A.
Preamble.
(1)
State regulations at 310 CMR 10.57(3)(b)(1) read "Isolated Land Subject
to Flooding is an isolated depression or a closed basin which serves
as a ponding area for runoff or high groundwater which has risen above
the ground surface." Section 10.57(2)(b) reads "Isolated Land Subject
to Flooding is an isolated depression or closed basin without an inlet
or an outlet. It is an area which at least once a year would confine
standing water to a volume of at least 1/4 acre-feet and to an average
depth of at least six (6) inches."
(2)
Rationale for the change in size in these regulations (see below)
is the many small flooding areas which provide filtration and recharge
of runoff into the groundwater and the many kettle holes characteristic
of Orleans which at times intersect the water table but which are
often considerably smaller than the area protected by state regulations.
Many of these kettle holes as well as our small ponds, are, or may
be, connected hydrologically. With growing concerns about the quality
and quantity of our water supply and the quality of our surface waters,
the Commission believes a greater degree of protection for isolated
land subject to flooding is appropriate until further information
proves otherwise.
(3)
Greater protection will also be provided for many small but significant
areas of wildlife habitat which provide seasonal wetland habitats
and essential breeding sites for certain amphibians requiring isolated
areas that generally flood in the spring and/or summer. Many birds,
reptiles and mammals also depend upon these wetlands as a source of
food, shelter and breeding habitat. Such wildlife and its habitat
also contribute to our recreational and aesthetic enjoyment.
B.
Definition. "Isolated land subject to flooding (ILSF)" is a depression
or closed basin without an inlet or outlet, which serves as a ponding
area for runoff of fresh water or for high groundwater which, because
of an elevated water table, has risen above the ground surface. ILSF
is land which at least once a year, except during periods of drought,
confines standing water to a volume which would cover no less than
650 square feet at an average depth of two inches.
C.
Boundary. The boundary of an area of land subject to flooding shall
be determined by one or more of the following, depending upon the
availability of information. Where more than one method is possible,
the method leading to the largest area shall be used. That boundary
shall be:
(1)
The line enclosing that area having a vegetative cover of 50% or more of freshwater species as defined in § 196A-4 of these regulations; or
(2)
The line enclosing the largest observed or recorded area of water
confined in said area; or
(3)
The area calculated to be inundated by runoff from the one-hundred-year
storm. Such calculation shall be done in accordance with 310 CMR 10.57(2)(b)(3).
D.
Presumption. Where a project involves removing, filling, dredging or altering of land subject to flooding (both bordering and isolated areas) the Commission shall presume that such an area is significant to the following interests specified both in § 196A-1B of these regulations and 310 CMR 10.57(1)(a)(b): public and private water supply and quality, groundwater supply and quality, flood control, prevention of pollution, wildlife habitat and to the interests of aesthetics and recreation.
E.
Performance standards. A proposed project that may result in alteration
of an isolated wetland shall not result in the following:
(1)
Flood damage due to filling which causes lateral displacement of
water that would otherwise be confined to such area.
(2)
An adverse effect on public or private water supply or groundwater
supply, where such area is underlain by pervious material.
(3)
An adverse effect on the capacity of said area to prevent pollution
of the groundwater, where the area is underlain by pervious material
which in turn is covered by a mat of organic peat, or muck or vegetation.
A.
Preamble.
(1)
Land subject to coastal storm flowage, including but not limited
to coastal beaches, salt marshes, banks, barrier beaches, salt ponds,
dunes, land containing shellfish, land under the ocean, and banks
of and land underlying fish runs, is important for the protection
of public and private water supply, groundwater and groundwater quality,
flood control, erosion and sedimentation control, storm damage prevention,
water pollution prevention, wildlife habitat, fisheries, shellfish,
and to the interests of aesthetics and recreation.
(2)
Land subject to coastal storm flowage extends from mean low
water to the calculated extent of a one-hundred-year storm. During
extreme high tides and hurricanes the ability of the land to absorb
floodwaters is important to buffer inland areas from flood and wave
damage. The more gentle and permeable a seaward-sloping land surface
is, the more effective that land surface is in reducing the height
and velocity of incoming storm waves. Dredging of land subject to
coastal storm flowage has the potential of allowing storm waves to
break further inland and to impact other areas which might not otherwise
be affected. Filling of land subject to coastal storm flowage is likely
to cause displacement of flooding consequences to other areas.
(3)
Those portions of coastal floodplains which are immediately
landward of salt marshes, coastal beaches, barrier beaches, coastal
dunes, or coastal banks, require special protection. As sea level
rises, these areas will be inundated more frequently by storm and
tide. Activities carried out within these traditional areas may interfere
with the natural landward migration of the adjacent coastal resource
area.
B.
Presumption. Where a project involves removing, filling, dredging or altering land subject to coastal storm flowage, the Commission shall presume that such an area is significant to the following interests specified both in § 196A-1B of these regulations and 310 CMR 10.57 (1)(a)(b): the protection of public and private water supply, groundwater and groundwater quality, flood control, erosion and sedimentation control, storm damage prevention, water pollution prevention, wildlife habitat, fisheries, shellfish, and to the interests of aesthetics and recreation.
C.
Performance standards. A proposed project that may result in alteration
of land subject to coastal storm flowage shall not cause or create
the likelihood of the following:
(1)
Reduction in the ability of the land to absorb and contain waters.
(2)
Reduction in the ability of the land to buffer more inland areas
from flooding and wave damage.
(3)
Displacement or diversion of floodwaters to other areas.
(4)
Damage to other structures or property.
(5)
Pollution of groundwater, surface water, or salt water.
(6)
Reduction of an area's capacity to provide for wildlife.
(7)
An increase in the elevation or velocity of floodwaters.
(8)
Prevention of the migration of resource areas such as salt marshes
due to sea level rise.
