Rich Roedner - Community Land Use: Towns Take on the Challenge - Vernal Pool Regulation
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Rich Roedner - Community Land Use: Towns Take on the Challenge - Vernal Pool Regulation
- 1. Community Land Use: Towns Take on the Challenge Vernal Pool Regulation 2012 GrowSmart Summit October 23, 2012 Rich Roedner, Planning Director, Town of Topsham
- 2. Current Regulations • State of Maine – Significant Vernal Pools – 250’ Buffer • US Army Corps of Engineers – All Vernal Pools – 750’ Buffer
- 3. Conflicts • DEP and ACOE use different definitions – SVP versus all vernal pools • DEP and ACOE use different buffer requirements – 250’ buffer versus 750’ • Current Regulations ignore needs of species involved – Uniform buffer width versus direction migration
- 4. History of Process • New Vernal Pool regulations • UMO effort to help towns (11 communities) proactively map potential vernal pools – grant funded - 2008 • UMO/Town effort to train volunteers on vernal pool identification techniques • Town efforts to demonstrate benefits to landowners of early determination • Town/UMO effort to identify Significant Vernal Pools – 2009 - 2011
- 5. History - Continued • UMO/Town (2 communities) efforts to consider how improve vernal pool regulations – Certainty – what regulation is and when applied – Clarity – how to identify and measure – Consistency – same between all levels of government – Capacity – communities have capacity to regulate on behalf of DEP
- 9. #22
- 10. #14
- 11. #15
- 12. #16
- 13. #31
- 14. #32
- 15. Gotta be a better way!
- 16. Local Approach - Topsham • Based on Comprehensive Plan designated Growth Boundary • Recognizes that many vernal pools in growth area are already impacted • Uses cost basis to obtain funding to purchase rural vernal pools, with appropriate buffer areas
- 19. Features of Local Program • Pre-designated conservation areas, based on Natural Resource Plan • Appraisal-based effort to determine value of land opened for development, as well as land to be protected • Protection methods include fee purchase, easements, purchase of development rights • Third party participation in preserving funds and making voluntary acquisitions or holding easements
- 20. Features - continued • How best to protect a particular pool? – Ownership – Easement – Directional buffer – Fixed buffer – Combination • Takes the place of State and Federal permit process
- 21. Benefits • New ACOE general permit, that is triggered when a community has an ordinance and program in place. Other areas would adhere to existing rules • DEP authority delegated or relegated to PBR • Provides for development where it belongs, and restricts development in less desirable areas, while making property owners whole
- 22. Who’s Involved? • Aram Calhoun – UMO • Dawn Morgan – UMO • Vanessa Levesque – UMO • Dave Owen – USM • Robb Freeman – EMCC • Mark Eyerman – Planning Decisions • Liz Hertz – Maine Coastal Program • Steve Walker – MeDIFW • Evan Richert – Town of Orono • John Shattuck – Topsham ECD • Rod Melanson – Topsham Planning Office • Regulators – DEP, EPA and ACOE