Raymond Voter Information Project

Article 3 — Zoning Amendment 2

Voluntary Small-Stream Buffer Protection

Text of 2011 Town Warrant Article 3

This zoning amendment adds one definition¹ and two informational paragraphs to help guide landowners who may wish to voluntarily use best management practices to protect Raymond’s water quality for smaller streams that lie on their property. This information will be provided when subdivision, site review, or building permit requests come forward and will be available to the public in 2.100 and 3.320 of the zoning ordinance. No landowner will be required to comply; this amendment is not regulatory. The amendment applies only to Raymond’s Zone G Protected Shoreland Area², which is not regulated by the New Hampshire Comprehensive Shoreland Protection Act.

A YES vote places, into the zoning ordinance, information about shoreland buffer best management practices for Raymond’s Protected Shoreland Area.

A NO vote leaves the zoning ordinance silent on best management practices for Raymond’s Protected Shoreland Area.

Reasons why some voters might vote yes:

• Placing these voluntary best management practices in the Zoning Ordinance gives the Code Enforcement Officer and the Planning Board an opportunity to educate people about guidelines for encouraging small-stream buffer protection.
• Voluntary compliance gives landowners information but leaves them free to choose appropriate solutions based on the particular conditions of their lot (slope, soil type, current vegetation, etc.)
• Studies have shown that protecting a town’s water quality is not achievable without careful protection of small stream systems.³

Reasons why some voters might vote no:

• Concern that voluntary compliance may lead to a recommendation for mandatory compliance.⁴
• Concern that voluntary compliance may be insufficient to protect a wide enough buffer (the most effective buffer, needed to filter 80% of pollution, is at least 100 feet wide.)⁵
• Buffer best management practices can be found in Department of Environmental Services reports and elsewhere.

References:

1. Definition: Natural Vegetated Shoreland Buffer: preserved and/or restored trees, shrubs and natural groundcover, throughout Raymond’s Shoreland Protection Area.
2. Raymond’s Shoreland Protection Area includes land within 75 feet of the seasonal high-water mark of the Branch River, Dudley Brook, Fordway, and other perennial major brooks, streams or ponds; and also land within 50 feet of the high water mark of any brook, stream, or pond having flowing or standing water for six months of the year. (Raymond Zoning Ordinance 3.320.02.a) This Shoreland Protection Area does not include the Lamprey or Exeter River nor Governor’s or Onway Lakes which are all protected by the NH Comprehensive Shoreland Protection Act.. The high water mark is a line on the shore, parallel to the stream, established by the fluctuation of water and indicated by physical characteristic like a line on the bank, shelving, soil changes, etc.
3. New Hampshire Water Resources Primer (NH DES 12/2008) page 2-8
4. Voters must approve all zoning changes unless specific language within the ordinance allows updating. (For example, some maps can be updated without voter approval.)
5. SNHPC Report on Shoreland Buffers in the Town of Raymond (8/2010) See Appendix C: EPA Study. (Page 33).The SNHPC Report recommended extensive small-stream buffer regulation similar to the state Comprehensive Shoreland Protection Act. Also Innovative Land Use Planning Techniques (NH DES/OEP.10/2008: page 237)

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