land use recommendations for protecting water quality in ... · • land use planning overview •...

Land Use Recommendations for Protecting Water Quality in

Canaan Street Lake, Canaan, NH

Plymouth State University’s Center for the Environment

&

Upper Valley Lake Sunapee Regional Planning Commission

Who We Are

• Center for the Environment (CFE), PSU– June Hammond Rowan, Outreach & Development Coordinator, CFE

– Marguerite Crowell, Technical Specialist in Chemistry, Dept. of Atmospheric Science & Chemistry; Graduate Student

– Nick Stevenson, Research Assistant, CFE– Christian Weber, Research Assistant, CFE

• Upper Valley Lake Sunapee Regional Planning Commission (UVLSRPC)– Mike McCrory, Senior Planner

Outline• Introduction• Land use planning overview• Relevant land use documents and studies

– Canaan Master Plan– Subdivision recommendations– Historic District recommendations– Road Policy– Septic Survey– State rules

• Important issues to consider– Protection of drinking water– Erosion– Stormwater management

• Recommendations• Conclusions

Land Use Planning

• Master Planning involves gathering & analyzing data, examining possible future trends, considering alternatives, choosing preferred paths, implementing & monitoring the plan.

• Effective method for towns to take control of their future.

Land Use Planning Flow Chart

Master Plan

Implementation

Regulatory Approaches

Zoning

Ordinance

Subdivision Regulations

Site Plan Review

Reguations

Non‐regulatory approaches

Conservation Easements & Strategies

Resource Plans BMPs

Canaan Master Plan

• Section VIII. 10. Adopt & enforce regulations designed to protect water quality. Develop Watershed and Aquifer Protection Zones.

• Section VIII. 13. Pass a shorefront ordinance for Canaan Street Lake that will prevent new septic or other potential pollution sources within a shoreline buffer zone.

Canaan Master Plan

• Section VIII. 23. Incorporate minimum‐runoff requirement in the subdivision regulations.

• Section VIII. 24. Encourage landowners to leave their shorefronts in a natural state.

• Section X. 14. Establish 150‐foot minimum shore frontage requirement for new lots that have frontage on Canaan’s lakes & major ponds.

• Section X. 15. Adopt & enforce site plan & zoning regulations dealing with water protection, septic systems.

Master Plan supports additional land use controls to protect water quality.

Subdivision Regulation Review

Subdivision Regulation Review

• Suitable steps should be taken to preserve and protect significant existing features such as trees, scenic points, stone walls, rock outcroppings, water bodies and historic landmarks.

• New lots must have state approved septic system or connect to sewer system.

• Subdivided parcels of land that have existing sewage systems must demonstrate that it is in good working order.

Historic District Regulations Review

• Historic District within the Canaan Street Lake Watershed (adopted 2005).

• Regulations primarily designed to address aesthetic issues (uses, architectural features, signs).

• Environmental criteria: two acre minimum lot size requirement.

Road Policy Review

• Class VI Highway/Private Road Policy (2008)

• Addresses accessibility to structures on private roads & Class VI roads

• Purpose is safety.

• Criteria for road maintenance that relate to water quality, such as the application of road salt, storm drainage, and sediment control, are not included.

Septic Survey

• Septic tank and leach field systems are effective, but they have a lifespan.

• They must be properly designed and maintained.

• Poorly functioning or unmaintained systems may cause surface & groundwater contamination.

• Concentrations of septic systems can be mapped from 2009 survey.

Septic Survey

• Provides useful inventory information.• Ongoing effort needed to educate shoreline property owners about proper septic system use & maintenance.

• Inventory can help target outreach.• RSA 485‐A:39 requires an assessment of existing septic systems on shorefront properties prior to execution of a purchase and sale agreement.

Env‐Ws 386

• NH Code of Administrative Rules Env‐Ws 386: Rules for Protecting Purity of Regulated Watersheds

• Regulates some activities on & around Canaan Street Lake, but not as strict as model regulations– No animals kept within 75 ft. – No wastes to the water– No dead fish, animals, etc. to be put in lake– No sawdust in lake– No access on southern end of lake

Protection of Drinking Water

www.ourwatershed.ca/

http://www.ourwatershed.ca/


• Canaan’s Public drinking water is supplied by surface water & groundwater is being added.

• Approx. 600 Canaan residents served by a municipal water.

• Most Canaan residents use private wells.• Canaan has drilled one bedrock well for town water supply.– Testing in 2009.– Cost approx. $180,000 so far, $600,000 available.


• Human impacts from land development and land uses can cause pollutants and excessive nutrients to enter the surface water body or to travel through the ground and contaminate ground water.

• Canaan needs to consider protecting their investment in the community’s water system.

Erosion• Can’t be prevented, only

reduced to an acceptable level. • When vegetation is removed or

changed, soils are disturbed, and erosion can occur at an increased rate.

• As soils move they are eventually deposited in a different location and can enter a water body.

• Water quality is impacted & variety of nutrients & pollutants can cause additional water quality problems.

Addressing Stormwater

Picture from www.ci.kettering.oh.us

Stormwater Management

• Stormwater is the water from rainfall or snowmelt that runs off across a landscape into surface waters.

• More developed landscapes typically result in increases in stormwater volume and risks for contamination.


• Polluted stormwater runoff can cause many negative impacts to waterways such as:– Sediment– Excess nutrients– Erosion– Flooding– Bacteria and other pathogens– Debris– Household hazardous wastes– Polluted drinking water


• Conventional stormwatermanagement drains water directly into surface waters.

It is now recommended that land use regulations and ordinances address not just the volume of stormwater, but also the quality of the stormwater by creating requirements that help to minimize nonpoint source pollution and install catchment system that filter out

contaminants and control volume. (NHDES Water Primer)

Shoreland Protection

http://www.uvlsrpc.org

Shoreland Protection

• Comprehensive Shoreland Protection Act (CSPA), RSA 483‐B– is a state law that regulates activities within the protected shoreland, or 250 feet of larger lakes and rivers in New Hampshire.

• Limits construction, impervious surfaces, clearing of vegetation, removal of stumps, the use of fertilizers, and other activities within the shoreland buffer area.

• Purpose is to protect water quality by limiting development activities that might cause erosion and stormwater from reaching water bodies.

Recommendations for Canaan

View of Mount Cardigan, Canaan, NH; from a 1910 postcard

Canaan Subdivision Recommendations

• Amend Subdivision Regulations

– include more specific guidelines to address water quantity issues, erosion, & stormwater.


• Control flow of the quantity of water fromsite:– Flooding, runoff

– Stormwater

– Erosion.

• Control post‐development peak rate of runoff so that it does not exceed pre‐development runoff: – use AoT & EPA Nat’l Pollution Discharge Elimination System standards.


• Phase construction:– Minimize area of disturbed soil– Reduce time that soil is left

disturbed• Maximize the protection of

native vegetation. • Prevent stormwater from

outside the site from entering areas of disturbed soil on site.

• Control sediment on site (seeding, mulching, structural measures)

• Preventing sediment from leaving construction site.


• Encourage use of low impact development techniques to intercept, treat, & infiltrate runoff from developed areas.

• Restore, enhance, or protect natural areas such as riparian areas, stream channels, wetlands, and forests.

• Prevent stormwater systems from discharging to within 100 feet of surface water in the Canaan Street Lake Watershed.


• Subdivision Regulations can also set standards that help to maintain the quality of water.

• Require all drainage systems to demonstrate remove 80% of total solids and 40% removal of phosphorus. (Town of Thornton, NH’s Subdivision Regulations)

• Require developers to regularly submit water quality monitoring results from stormwatersystems installed in new subdivisions to demonstrate standards are met in future.


• Review procedures for reviewing and approving subdivision proposals.– Site visits– Review by consultants (planners, engineers), cost paid by developer.

• During construction, regularly conduct site visits: – ensure that the work is being done in accordance with the plan.

– erosion control devices are in place and properly maintained (especially before, during, & after storms)

Can require developer to pay engineer to inspect for the town.

Adopt a Zoning Ordinance

• A correlation exists between water quality & how land is used and developed.

• Most effective method to regulate land uses is by establishing land use limitations as part of a zoning ordinance.


• Simple ordinance.

• RSA 674:20 – divide municipality into districts.

• RSA 624:21 – innovative land use controls.

1 zone: For entire town, or

2 zones: Canaan Street Lake Watershed and non‐Canaan Street Watershed.


• Watershed boundary & groundwater well recharge area need to be delineated.

• Recent addition of groundwater to the Canaan water supply should be protected & regarded as a community investment.

• Land use restrictions would be for surface & groundwater protection (vs. aesthetics)


• Prohibit point sources of contamination within watershed district: – Junkyards– snow dumps– road salt storage areas– gas stations– automobile service facilities– storage of pesticides– underground storage tanks– businesses that utilize hazardous wastes

• Allow other land uses with a higher probability of contaminating surface & groundwater only if specific conditions are met.


• Prohibit plowed or piled snow within at least 15 feet of a wetland or waterbody.

• Require stormwater management plans (with appropriate operation and maintenance plans) for new developments.

• Prevent stormwatersystems from discharging to within 100 feet of surface water in the Canaan Street Lake Watershed.

Adopt a Zoning Ordinance• Control post‐development peak rate of runoff so that it does not exceed pre‐development runoff.

• Encourage techniques that restore, enhance, or protect natural areas such as riparian areas, stream channels, wetlands, and forests.

• Encourage use of low impact development techniques to intercept, treat, & infiltrate runoff from developed areas.

UNH Stormwater Center http://www.unh.edu/erg/cstev/fact_sheets/gw_fact_sheet_08.pdf


• Require all drainage systems to remove 80% of total solids & 40% removal of phosphorus.

• Establish more strict land use controls around Canaan Street Lake than CSPA – Vegetative buffers

– Building footprint & Impervious surface

Other Alternatives

• NH Code of Administrative Rules Env‐Ws 386: Rules for Protecting Purity of Regulated Watersheds– Petition DES to modify & strengthen restrictions.– Will need evidence why this is preferred to zoning ordinance.

• Health Ordinance• With Zoning Ordinancecould have Site Plan Review

Conclusions

• Land use planning is critical for protecting Canaan’s water quality.

• Existing watershed protection plan & follow up projects are proactive.

• Protection of current surface water supply is vital.• Protection of future ground water supply is equally imperative.

• Important to protect community’s financial investments as well.

Conclusions

• Amend Canaan Subdivision Regulations

• Adopt Zoning Ordinance designed to protect water quality.

• Water quality, shoreland protection, erosion, and stormwater should be addressed in these regulations.

• Land use regulations and ordinances reflect the policy decisions of a community.

ReferencesNH Department of Environmental Services, http://des.nh.gov/index.htm

• Innovative Land Use Planning Techniques: a Handbook for Sustainable Development. (2008)http://des.nh.gov/organization/divisions/water/wmb/repp/innovative_land_use.htm

• New Hampshire Water Resources Primer. (2008) http://des.nh.gov/organization/divisions/water/dwgb/wrpp/primer.htm

• New Hampshire Stormwater Manual. (2008)http://des.nh.gov/organization/divisions/water/stormwater/manual.htm

• Model Rule for the Protection of Water Supply Watersheds. (2004)http://des.nh.gov/organization/commissioner/pip/publications/wd/documents/wd‐00‐3.pdf

NH Office of Energy & Planning, http://www.nh.gov/oep/index.htm• The Planning Board in New Hampshire (2007)

http://www.nh.gov/oep/resourcelibrary/referencelibrary/p/planningboard/documents/pbhandbook.pdf

References

• Town of Thornton, NH’s Subdivision Regulations http://www.thorntonnh.org/downloads/SubdivisioinREG081607.pdf

• UNH Stormwater Center, http://www.unh.edu/erg/cstev/

• Center for Watershed Protection, http://www.cwp.org/

• New England Interstate Water Pollution Control Commission, http://www.neiwpcc.org/

• EPA Smart Growth, http://www.epa.gov/smartgrowth/

• American Planning Association, http://www.planning.org/

Thank you!Questions?

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