Purpose and findings: By and through enactment of this article, it has been determined that the wetlands and buffers within the City of Nashua are fragile natural resources and, as such, pursuant to the authority granted under RSA 674:16, 674:17 and 674:20, and 674:21, and any other applicable laws, the City hereby adopts the following regulations. The purpose of this article is, in the interest of public health, safety and general welfare, to: | |
• | Ensure the protection of valuable wetland and buffer resources; |
• | Prevent the harmful filling, draining, sedimentation, or alteration of wetlands and buffers; |
• | Prevent the destruction or significant degradation of wetlands and buffers which provide flood and storm control by the hydrologic absorption and storage capacity of the wetland and buffer; |
• | Protect fish and wildlife habitats by providing breeding, nesting, and feeding grounds for many forms of plant and animal life including rare, threatened, or endangered species; |
• | Protect subsurface water resources and provide for the recharging of groundwater supplies; |
• | Provide pollution treatment to maintain water quality; |
• | Prevent expenditures of municipal funds for the purpose of providing and/or maintaining essential services and utilities which might be required as a result of misuse or abuse of wetlands and buffers; |
• | Provide for those compatible land uses in and adjacent to wetlands and buffers or surface waters which serve to enhance, preserve, and protect wetland and buffer areas as natural resources. |
Table 112-1 Wetland Classifications and Buffers [Amended 12-13-2023 by Ord. No. O-23-059] | |||
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(A) Wetland Category | (B) Definitions | (C) Buffer (feet) | |
Primary wetland | Areas designated as "prime wetlands" in accordance with RSA 483-A:7 and areas that have been documented as satisfying the criteria for designation as prime wetlands in accordance with RSA 483-A:7. "Primary wetlands" are defined by Resolution R-90-84, and generally depicted on maps entitled "Prime Wetlands, Nashua, New Hampshire" prepared for the Nashua Conservation Commission. R-90-84 defines primary wetlands as: | 75 | |
The Merrimack River and its wetlands | |||
The Nashua River and its wetlands | |||
Salmon Brook and its wetlands | |||
Pennichuck Brook, Bowers Pond, Harris Pond, Holts Pond, Pennichuck Pond, Supply Pond and its wetlands | |||
Lovewell's Pond and its wetlands | |||
Horse Pond and its wetlands | |||
Old Ridge Road wetland | |||
Nashua Canal | |||
Nashua Cove | |||
Critical wetlands | Critical wetlands are the following water bodies and watercourses and their wetlands. Critical wetlands also include any perennial streams that are tributaries to prime wetlands. | 40 | |
Boire Brook | Mill Pond | ||
Coburn Pond | Muddy Brook | ||
Cold Brook | Old Maid's Brook | ||
Colerain Brook | Round Pond | ||
Hales Brook | Spectacle Brook | ||
Harris Brook | Spit Brook | ||
Hassells Brook | Trout Brook | ||
Lincoln Brook | Sandy Pond | ||
Lyle Reed Brook | |||
Other wetlands over 9,000 square feet | Any wetland other than a primary or a critical wetland over 9,000 square feet in area | 40 | |
Other wetlands from 3,000 to 9,000 square feet and intermittent streams | Any wetland other than a primary or critical wetland between 3,000 and 9,000 square feet in area. Intermittent streams require a twenty-foot buffer from both banks, measured from top of bank. Intermittent streams are streams with a defined channel but that may not flow the entire year. Isolated man-made drainage ditches are not included. | 20 | |
Vernal pools | 100-foot minimum buffer. Vernal pool boundaries to be determined by a certified wetlands scientist. Buffer boundary to be determined by a certified wetlands scientist or other licensed land surveyor. | 100 |