6.020 WETLAND CONSERVATION DISTRICT (AMENDED 2003)

The Wetland Conservation District shall be considered as overlaying any other district established by this ordinance. Any use permitted in the portions of the district so overlaid shall only be permitted subject to all provisions of this section.
Except for the permitted uses as listed in 6.025 of this section, there shall be no impact of wetlands or surface waters, unless all federal, state and local permits are in place.
All impacts to wetlands shall be regulated in accordance with NH Code of Administrative Rules, Wt. 100-800 and require the receipt of the appropriate permit from the State of New Hampshire Department of Environmental Services Wetlands Bureau. The state process requires a review by the Milford Conservation Commission.
The Milford Conservation Commission, established under RSA 36-A, has statutory standing before the Department of Environmental Services under RSA 482-A:11, III and provides a local source of assistance to both the department and the applicants for Dredge & Fill Permits.
A special exception approved by the Milford Zoning Board of Adjustment shall be required for any use within the wetland except for those listed in 6.025. Note that state and/or federal permits may be required for uses not requiring a special exception under this ordinance.

Protect the public health, safety, general welfare and property;
Reduce sedimentation of wetlands and surface waters;
Aid in the control of non-point pollution;
Provide a vegetative cover in the case of the buffer zones for filtration of runoff and the prevention of erosion;
Protect fish spawning grounds, aquatic life, and bird and other wildlife habitats;
Conserve natural beauty and open spaces;
Preserve ponds, rivers and streams in their natural state,
Protect persons and property from flood damage by preserving the natural flood storage areas,
Control the development of structures and land uses which contribute to the pollution of surface and groundwater by sewerage, hazardous substances or siltation;
Protect aquifers, which serve as existing or potential water supplies as well as the aquifer recharge system;
Prevent unnecessary or excessive expenses to the Town to provide and maintain essential services and utilities which arise because of the inharmonious use of wetlands;

Streams This includes both perennial and intermittent streams wherever fresh water flows for sufficient time to develop and maintain a defined channel. The area of the stream shall lie within the banks as defined by the ordinary high water mark established by the fluctuations of water and indicated by physical characteristics such as a clear natural line impressed on the immediate bank, or shelving, or changes in the character of the soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.
Ponds The pond area shall be the extent of water at the full pond as determined by the top of the impoundment structure in artificial ponds or by the natural high water mark in natural ponds.
Wetlands A wetland area shall be delineated based on hydrophytic vegetation, hydric soils and wetland hydrology in accordance with techniques outlined in the Corps of Engineers wetlands Delineation Manual, Technical Report Y-87-1 (January 1987).
Buffers The buffer area shall be measured from the edge of any stream, pond, or wetland in a horizontal plane. The buffer is the area adjacent to a wetland and/or open water which should be kept free of uses that may introduce or facilitate pollution, sedimentation or other harmful effects to the wetland. The buffer shall include the area within twenty-five (25) feet from any wetland, stream, or pond area. For the water bodies named in 6.023 E, the buffer shall be fifty (50) feet from the edge of any stream, pond, or wetland in a horizontal plane.
Surface waters with fifty (50) foot buffer area. These water bodies are marked on a copy of the 7.5 minute USGS Milford Quadrangle Photo revised 1985 map located in the Planning Department. A copy of said map with the water bodies marked on it shall also be in the Conservation Commission Office. The following water bodies together with any adjacent very poorly drained wetlands are protected by a fifty (50) foot buffer.
Birch Brook: from its commencement at the wetland lying between Whitten Road and Chappell Drive to its junction with Great Brook,
Compressor Brook: from its commencement as follows:
Compressor Brook, East Branch: from its entry into Milford at the Milford/Brookline Town Line in the southeast portion of Milford to its junction with Compressor Brook south of Melendy Road and east of Ruonala Road,
Compressor Brook, West Branch: from its beginning at a wetland on the west side of Ball Hill Road to its junction with Compressor Brook, East Branch, as described in a. above,
Compressor Brook: from the junction of the East Branch and the West Branch south of Melendy Road and east of Ruonala Road to its junction with Great Brook,
Great Brook: from its commencement at Mile Slip Road, approximately one thousand five hundred (1,500) feet south of Mason Rd. to Railroad Pond, and from Railroad Pond to the Souhegan River, including its passage through said pond,
Hartshorn Brook: from the Mont Vernon/Milford Town line, through Hartshorn Pond to its junction with the Souhegan River,
Mitchell Brook: from its entrance into Milford at the Milford/Mason Town line to its junction with Spaulding Brook,
Ox Brook: from its beginning in a wetland west of Melendy Road to its junction with Compressor Brook,
Purgatory Brook: from its entrance into Milford at the Milford/Lyndeborough Town line, to its junction with the Souhegan River,
Spaulding Brook: from its entrance into Milford at the Milford/Mason Town line to its exit from Milford at the Milford/Brookline Town line,
Tucker Brook: from its entrance into Milford in the vicinity of the granite bound on the Milford/Wilton Town line, to its junction with the Souhegan River,
Compressor Pond,
Hartshorn Pond,
Railroad Pond,
Osgood Pond,
Souhegan River.
Surface waters with one hundred (100) foot buffer:
Peatlands: Due to their rarity and fragility, these unique wetlands shall be protected by a one hundred (100) foot buffer.
Comprehensive Shoreland Protection Act
Osgood Pond and the Souhegan River shall also be subject to the Comprehensive Shoreland Protection Act, New Hampshire RSA 483-b as may be amended from time to time. The Comprehensive Shoreland Protection Act addresses activities within two hundred and fifty (250) feet of great ponds and fourth order streams. The Souhegan River is a fourth order stream.

Bank/Edge of Wet: the transitional slope immediately adjacent to the edge of a surface water body, the upper limit of which is usually defined by a break in slope, or, for a wetland, where a line delineated in accordance with Wetland Bureau Code of Administrative Rules Chapter Wt 301.01 indicates a change from wetland to upland.
Buffer: an upland area adjacent to a wetland and/or surface water which serves to filter surface water flowing into the wetland.
Bog: a wetland distinguished by stunted evergreen trees and shrubs, peat deposits, poor drainage, and/or highly acidic soils and/or water conditions.
Great Pond: Any natural water body having an area of ten (10) acres or more.
Fen: unique wetlands characterized by saturated organic soils (well-decomposed peat) fed by neutral to somewhat alkaline groundwater.
Marsh: a wetland that is distinguished by the absence of trees and shrubs, which is dominated by soft-stemmed herbaceous plants such as grasses, reeds, and sedges; and where the water table is at or above the surface throughout the year, but can fluctuate seasonally.
Peatlands: wetlands with thick organic soil, often with a characteristic floating mat of mosses, sedges, shrubs, and/or trees in very acidic conditions, includes bogs and fens.
Stream, Intermittent: a place where water flows for sufficient duration and/or in sufficient quantity to maintain a channel.
Stream, Perennial: any channel, natural or man made, which has water present for twelve (12) months of a normal year but which may dry up during a period in which the rainfall is less than sixty (60) per cent of average for more than three consecutive months.
Surface water: perennial and intermittent streams, lakes, ponds, marshes, watercourses, and other bodies of water, natural or artificial.
Very poorly drained: water is removed from the soil so slowly that free water remains at or on the surface during most of the growing season.
Wetland: an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Wetlands: Any of the following uses that do not alter the surface configuration by the addition of fill, removal of soil, or obstruct in any manner the natural flow of ground or surface water, or disturb in any manner the ground itself to any depth and that are otherwise permitted by the Zoning Ordinance.
Projects that fall under the Wetland Bureau's Minimum Impact Expedited Permit Application. These projects, however, must be reviewed by the Conservation Commission prior to approval by the Wetlands Bureau.
Repair or reconstruction of an existing legal structure that meets the following conditions:
Where the size, location and configuration remain the same
There shall be no work on any portion of the structure located in wetlands and/or surface waters.
The work shall not require the utilization of tracked or wheeled equipment in the water or wetland;
The structure has not been abandoned. Failure to maintain an existing structure in a state so that it is functional, and intact, for a period of five (5) years shall be prima facie evidence of abandonment or non-use.
Mowing or cutting of vegetation in a wet meadow, red maple swamp, hemlock swamp, spruce/fir swamp, or white pine swamp, provided that the roots of the vegetation are not disturbed, and that the ground is frozen or sufficiently dry to avoid making ruts and that the area is stabilized once thawed and that the project is not located in prime wetlands.
Hand raking of leaves or other organic debris from the shoreline or lake bed provided that:
At the time raking is done, the area is exposed by draw down, or
Raking does not disturb vegetative roots and is limited to less than nine-hundred (900) square feet of area.
Removal of a beaver dam by hand or machine provided:
Machinery does not enter the water or create any impact by filling or dredging to adjacent surface waters, wetlands, or their banks;
All dredged materials are placed out of wetlands and out of the defined buffer area, and
Removal of the dam is done in a gradual manner that does not allow a sudden release of impounded water to cause erosion or siltation.
Addition of native vegetation to enhance wetlands, but not the removal of wetlands vegetation except as provided in 6.025-A:3.
Drilling of test wells by a public agency for purposes of exploring for public water supplies or hazardous materials.
Other activities as noted in NH Wetlands Bureau Code of Administrative Rules Wt. 303.05.


Buffer Zones: Any of the following uses that do not alter the surface configuration by the addition of fill, removal of soil, or obstruct in any manner the natural flow of ground or surface water, or disturb in any manner the ground itself to any depth and that are otherwise permitted by the Zoning Ordinance.
All projects as described in the Wetland Bureau's Minimum Impact Expedited Permit Application
Buildings and structures not to exceed one hundred twenty (120) square feet and without sanitary plumbing and raised above-ground on concrete or similar blocks placed on the ground surface in such a manner as to permit the natural flow of any surface water,
Decks raised above the ground so as to permit the natural flow of any surface waters,
Potable water supply wells and their associated water lines and associated power lines, provided there are adequate erosion control measures in place during work and repair of any disturbance,
Monitoring wells for observation purposes, provided there are adequate erosion control measures in place during work and there is repair of any disturbance,
Forestry and tree farming in accordance with good silvicultural practices,
Agriculture, including growing and harvesting of crops.

Wetland: Any project that requires a NH Wetlands Bureau Standard Dredge & Fill Permit and is not in the right-of-way of a public road, shall require a Special Exception from the Milford Zoning Board of Adjustment.
A Standard Dredge & Fill Permit is required if the proposed work includes any one or more of the following:
Temporary or permanent construction in a bog, marsh, or Atlantic white cedar swamp.
Dredge or fill for the purpose of creating a buildable lot. This does not include driveway crossings.
Fill to obtain adequate setback under NH DES subsurface systems bureau rules.
Impact of fifty (50) or more linear feet, measured along the shoreline, of a lake or pond or its bank.
Alteration of the course of or disturbance of fifty (50) or more linear feet, measured along the thread of the channel, of an intermittent stream channel or its banks or construction during periods when the stream is flowing.
Combined temporary and permanent impacts of more than three thousand (3,000) square feet in a swamp or wet meadow.
Relates to other work done on the property within the last tewlve (12) months which, when taken in aggregate, would exceed minimum impact criteria.
Any work within a wetland on the property that has already begun or was previously completed without a permit.
Dredge or fill in a great pond.
Work in a perennial stream.
Buffer: a Special Exception is required for:
Any project not listed in 6.025 that involves the impact of more than three thousand (3000) square feet of buffer, and is not in the right-of-way of a public road, shall require a Special Exception from the Milford Zoning Board of Adjustment.
The Board of Adjustment, in acting on an application for a special exception in the Wetlands Conservation District, shall take into consideration the conditions as noted in 10.021.
The Board of Adjustment may grant a Special Exception for such projects after the application for the Special Exception has been reviewed and reported upon by the Milford Conservation Commission and forwarded to the Board of Adjustment within forty (40) days of a public meeting at which the Conservation Commission first received detailed plans on the project.
The Planning Board may also be required to submit a report to the Board of Adjustment, if requested by the Board of Adjustment. The Planning Board shall submit its report within the above specified forty (40) day period.

For all projects requiring a Special Exception the applicant shall demonstrate by plan or example that the following factors have been considered in their design:
The need for the proposed project;
The plan proposed is the alternative with the least impact to the wetlands, surface waters and/or their associated buffers;
The impact on plants, fish and wildlife;
The impact on the quantity and/or quality of surface and ground water;
The potential to cause or increase flooding, erosion, or sedimentation;
The cumulative impact that would result if all parties owning or abutting a portion of the affected wetland, wetland complex and/or buffer area were also permitted alterations to the wetland and buffer proportional to the extent of their property rights;
The impact of the proposed project on the values and functions of the total wetland or wetland complex.


The Town of Milford shall place emphasis in preserving peatlands and marshes. This priority shall be based upon the rarity of those environments and the difficulty in restoration of the value and function of those environments.