lawmakers and environmental groups look to protect New Hampshire’s wetlands

Wetlands rarely steal the spotlight when it comes to environmental action. Most people would rather save the whales or fight climate change. But protecting wetlands should be a local priority. These unique ecosystems play a crucial role in overall environmental health, and they are constantly threatened by development. 

Two bills currently before the New Hampshire Legislature could help protect wetlands by establishing additional setbacks for new structures and an updated permitting process for builders. House Bill 1579 and Senate Bill 435 target wetlands, but the two bills also represent the most recent chapter in New Hampshire’s ongoing struggle to balance economic growth with environmental protection.

For the Seacoast, which is one of the fastest growing regions in New Hampshire, protecting wetlands has become essential. In Rockingham County alone, there are over 60,000 acres of wetlands, making it the county with the highest concentration of wetlands per acre in the entire state. The Seacoast also has the Great Bay Estuary, which is home to wildlife galore. Any impact to wetlands in the region would inevitably affect the estuary, too. 

Both wetland protection bills have been endorsed by Environment New Hampshire, a statewide advocacy organization based in Concord.

“New Hampshire has been the fastest developing state in the Northeast for the past two decades. A lot of the dry land has already been developed. There is nowhere else to go but the wetlands,” said Kathryn Fox, preservation associate with Environment New Hampshire. “We’re not asking for a moratorium. We do want New Hampshire to grow, but we want it to happen responsibly,” she added.

Before developers can build on wetlands, they have to apply for a series of dredge and fill permits. In their applications, the developers must detail how their project would affect wetlands, but they do not have to show how the development would affect surrounding ecosystems. Senate Bill 435, sponsored by state Sen. Harold Janeway (D-Webster), calls for a revised permitting process, which would result in more comprehensive impact studies. Developers would have to demonstrate how their projects would affect hydrology, storm water runoff and fragmentation of the ecosystem.

“What this bill proposes to do is bring language into the law that is clearer on what are called “indirect impacts.” I guess the equivalent would be collateral damage,” Janeway said. Environmental organizations like ENH, which has made SB 435 a priority campaign, brought the bill to Janeway’s attention. Other organizations that have rallied to the cause include the Appalachian Mountain Club, N.H. Audubon, the N.H. Rivers Council, the Conservation Law Foundation, the N.H. Forest Society and the Nature Conservancy.

According to Janeway, the N.H. Department of Environmental Services has already spoken in opposition to the bill. DES argues that its wetlands department is already working to overhaul the permit process, and Janeway’s legislation should be postponed until the work is done.

“My argument was, it leaves wetlands at risk until that general overhaul is completed. That’s like coming into the doctors’ with an open wound and having them say, ‘We’ll address that at your next physical,’” Janeway said.

As the Seacoast becomes more desirable, developers will try to turn open space into valuable real estate. “They view wetlands as an obstacle to their goal,” Janeway said. But pressure from developers has caused the environmental community to ramp up its own efforts. “It shouldn’t be a war between the two, but I think, certainly, the growth pressures we’ve seen, particularly in (the Seacoast), put more pressure on the landscape, so there will be strong feelings on both sides,” Janeway said.

In a healthy ecosystem, wetlands serve three essential functions. They provide habitat for a variety of wildlife species; they filter out pollutants, which helps maintain water quality; and they help prevent flooding by acting as a sponge that absorbs abundant water flow.

According to state Rep. Judith Day (D-North Hampton), almost one third of North Hampton is composed of wetlands. While serving on the town’s planning board, she learned firsthand how important wetlands are and why they need to be protected from development. In part, it was Day’s experience on the planning board that motivated her to sponsor HB 1579, which requires all new structures and septic systems to observe a 75-foot setback from wetlands.

One particular instance of development in North Hampton sparked Day’s passion for HB 1579. Last January, the permitting process began for a single home to be built on a piece of property on Lovering Road. Most of the parcel was considered wetland, and the developer had to apply for a number of waivers and variances to build on the fragile land. When the application was approved, a number of citizens became concerned about how easily the developer had gained the permits. Eventually, their concern reached Day, who started investigating the state’s setback laws.

“Most people I talked to thought there were setbacks. Everyone tried to find them and realized they couldn’t. I was surprised,” Day said. “Not protecting environmental aspects, such as wetlands, and allowing development, is probably part of the reason for many of the environmental concerns we have, including pollution and not having enough water, but also including flooding,” she said.

Some municipalities, including Portsmouth, have adopted strict zoning ordinances that require new development to be setback from wetlands.

“Zoning boards are made up of people who want to be on zoning boards—citizens. We’re not necessarily trained in those areas, which is why this should be put into state law: to provide uniform protection,” Day said. “There’s always a tension between development and protection of our environment. However, if we don’t protect the environment, the development is going to be worthless.”

Both bills are under review by legislative committees and will see votes in coming weeks.