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POLICY & PROCEDURE MANUAL
 

Table of Contents

  • Chapter 1: Introduction
    •  Mission Statement, Vision Statement, History, Services

  • Chapter 2: ByLaws
    •  Adopted 08/12/99

  • Chapter 3: Membership
    •  Requirements, duties, officers, committees

  • Chapter 4: Meetings
    •  Procedures, rules governing

  • Chapter 5: Office
    •  Operations, resources

  • Chapter 6: Land Acquisition and Management
    •  Identification, review, evaluation criteria, aquisition, management, public use

  • Chapter 7: Water Resources Protection
    •  Water resource types, Dredge and Fill overview and procedures, violations


Chapter 1: Introduction   adopted 12/99  (as dictated by Bylaws, Article II)

Mission Statement
The Milford Conservation Commission works to encourage the sound management of Milford's natural resources for current and future generations. (1/12/2006)

Vision Statement
The Commission seeks to balance the community's immediate needs and desires with responsible long-term use and protection of our natural resources. We believe that the natural environment is essential to the well being of the community. We respect the lives and rights of all living things, which include the right of landowners to coexist with our natural surroundings. As appointed stewards, we educate and encourage the public to make wise decisions about resources. (1/12/2006)

History

The Milford Conservation Commission was established by town vote on March 12, 1968, "a citizen body concerned with the conservation of the natural resources of the Town." This was in keeping with New Hampshire state legislation that had been passed in 1963, allowing for the establishment of town Conservation Commissions (RSA 36-A). Since that time, Milford has had an active Conservation Commission, serving to advise and assist other town boards, developers and landowners in the proper utilization and protection of the natural treasures in the town.

Services

The Milford Conservation Commission maintains an office in the Town Hall, staffed by a Conservation Coordinator and managed by the Conservation Commission Chair. The Commission encourages town employees, members of town boards, landowners, developers and the general public to use the Commission as a resource for all matters related to conservation and resource management. Services of the Commission include:
  • General Information and Referral
  • Dredge and Fill Application Assistance
  • Land Protection/Development Consultation
  • Town Owned Trail Management and Maps
  • Conservation Land/Easement Monitoring
  • Interpretation of Conservation Policy and Regulations

Information Manual

This manual has been developed to serve as a central point of reference for Conservation Commission activities for Commission members, town boards, landowners, developers, and the general public. The manual outlines the functions of the Commission, as required and defined in RSA 36-A, and discusses in detail the following:
  • Commission Bylaws
  • Membership
  • Meetings
  • Office Operations
  • Land and Water Preservation
  • Wetland Impacts
  • Town Support Services

In many cases, specific procedures are included in order to clearly define how the Commission operates. All policies receive final approval from the Milford Board of Selectmen prior to implementation. The content of this manual is subject to periodic review and update.

On-Line Resources

The Commission seeks to make all Commission-related information as accessible as possible to all town employees and the general public. This manual, in its entirety, is available on-line. In addition, much of the text is hyperlinked directly to supporting documentation, allowing for easy, in-depth research. Examples of hyperlinked material include:

Questions

Questions should be directed to either the Conservation Commission Coordinator or the Conservation Commission Chair at the Milford Town Hall. The office number is 672-1070.



Chapter 2: By-Laws   adopted 07/12/99

ARTICLE I
The Organization

Section 1.  Name:  The name of this organization shall be "Milford Conservation Commission."

Section 2.  Purpose:  The Milford Conservation Commission was established by a vote of town meeting on March 12, 1968, for purposes set forth in RSA 36-A as amended from time to time. The Commission shall also advise and assist other town boards, town officials, developers, and landowners in the utilization and protection of the natural resources of the town of Milford.

ARTICLE II
The Commission

Section 1.  Composition:   The Milford Conservation Commission shall consist of seven full members and several alternate members. Prospective new members shall be interviewed by the Conservation Commission and recommended for appointment by the Board of Selectman to serve a three-year term. The requirements for Commission eligibility shall be as follows:
  1. Member shall be a resident of the Town of Milford. RSA 36-A:3
  2. Member shall have an interest in conservation-related matters and the willingness to devote time to the work of the Commission.

Section 2.  Vacancies:   A vacancy occurring other than by expiration of a term shall be filled in the same manner as an original appointment for the unexpired term.

Section 3.  Alternates:   Alternate members may serve in the absence or disqualification of a regular member and shall assume full voting powers.

Section 4.  Quorum:   A quorum of the Conservation Commission shall consist of four members.

Section 5.  Attendance:   Members are expected to attend all regularly scheduled meetings.

ARTICLE III
The Officers and Staff

Section 1.   Officers:  
  1. Election: The officers of the Conservation Commission shall be elected annually by the membership and consist of a Chair, a Vice-Chair, and such other officers as may be deemed necessary. Nominations for officers shall come from the members and the candidate for each office receiving the highest number of votes shall be declared elected.
  2. Duties: Officers shall assume their duties the day immediately following the election, and shall serve for one year or until such time as the office is properly filled.
    • Chair:  The Chair shall preside over Conservation Commission meetings, but may delegate the Vice-Chair to preside. The Chair shall perform such duties as are usually incumbent upon this office, as well as those from time to time conferred by the membership of the Conservation Commission.
    • Vice-Chair:  The Vice-Chair shall perform the duties of the Chair in the event of the Chair's temporary disability or absence. The Vice-Chair shall have such duties and responsibilities as the Chair may from time to time prescribe.

Section 2.  Staff:   The Conservation Commission may utilize the services of a member or non-member to perform administrative duties. This Assistant shall record and maintain in good order minutes of all meetings, all records and correspondence of the Conservation Commission. The Assistant shall also have such other commission- related duties as may be assigned by the Chair.

ARTICLE IV
Committees

Section 1.   Definition:   A committee is an entity established by the Commission for the purpose of providing information or performing an action that is not practical to complete at a meeting.

Section 2.   Existence:   From time to time, the Chair may appoint committees composed of members and/or non-members as deemed necessary to properly conduct the affairs of the Conservation Commission.

Section 3.   Duties:   It shall be the function of a committee to study the assigned task, make recommendations to the Commission, and/or to carry out the approved action.

ARTICLE V
Meetings and Hearings

Section 1.   Regularly Scheduled Meetings:   The Conservation Commission shall hold a public meeting each month, or more if needed to properly address Conservation Commission business. The time and place of meetings shall be posted in two appropriate locations at least 24 hours before the commencement of the meeting in accordance with RSA 91-A:2.

Section 2.   Special Meetings:   Work sessions, committee meetings, and other meetings of Commission members shall be held as needed. The time and place of meetings shall be posted in two appropriate locations at least 24 hours before the commencement of the meeting in accordance with RSA 91-A:2.

Section 3.   Non-Public Sessions:   The Conservation Commission may hold non-public sessions in accordance with RSA 91-A:3.

Section 4.   Public Hearings:   The Conservation Commission shall hold a public hearing with notice in accordance with RSA 675:7 before using money from the conservation land fund to acquire any interest in real property (RSA 36-A:5,II).

ARTICLE VI
Amendments

These bylaws can be amended at any regular meeting of the Conservation Commission by at least four affirmative votes, provided the amendment was submitted in writing at a regular meeting at least four weeks prior.



Chapter 3: Membership   adopted 12/99  (as dictated by Bylaws, Article II)

Commission Membership
Seven full members and alternate members are appointed by the Selectmen upon recommendation by the Commission. Candidates for membership shall attend up to three meetings prior to appointment to familiarize themselves with the workings of the Commission and to introduce themselves to current members.

Qualifications:
Members of the Conservation Commission shall be residents of the Town of Milford with an interest in conservation and a willingness to commit time to the work of the Commission. No specific education or knowledge requirements are imposed prior to becoming a member.

Term:
Normally, appointments are for a three-year term starting about one month after the annual meeting of the town. The terms of approximately one third of the full members and one third of the alternates should expire each year. When appointments are made to fill vacancies or to change full to or from alternate status, the term of the appointee shall be adjusted to maintain the staggered schedule of the term expiration.

Attendance:
New Hampshire law states that town boards and commissions shall hold monthly meetings with a quorum present. Members are expected to attend Commission meetings, held the second Thursday of each month. If unable to attend, members are expected to provide notification to the Chair or staff at least one hour prior to the scheduled beginning of the meeting. The status of those full members who fail to provide notification for three meetings over the course of a year shall be subject to review by the Commission. The status of those full members who provide notification prior to their absence but do not attend 50% of the meetings over the course of a year shall be subject to review by the Commission.

Members are encouraged to attend site walks and work sessions. If unable to attend, members are expected to notify the Chair or designated coordinator at least one hour prior to the scheduled beginning of the activity. Any member not present during the scheduling of these sessions will be notified and encouraged to RSVP to the designed coordinator of the activity.

Developmental
Activities:
Members are encouraged to participate in their choice of conservation-related educational activities to enhance the value of their contributions to the Commission and to the town. Such activities include but are not limited to:
  • Annual New Hampshire Association of Conservation Commissions Conference
  • Related lectures or workshops presented by the Department of Environmental Services, the Society for the Protection of New Hampshire Forests, the New Hampshire Audubon Society, Beaver Brook Association, University of New Hampshire Cooperative Extension Service, Nashua Regional Planning Commission, or similar regional, state, federal and private organizations.
  • Independent study of conservation-related topic of interest
  • In-house continued education (fieldwork, inservice)
  • Professional experience and training

It is requested that members, whenever possible, make a brief oral report to the Commission following their educational activities so that all may benefit from their learning experience.

Termination
of
Membership:
Those members who do not display a willingness or interest in participating in the work of the Commission are subject to one of the following actions: 1) the Chair of the Commission requests the resignation of the member in question or 2) the Chair of the Commission makes a recommendation to the Board of Selectman that the membership not be renewed upon expiration of the term.

Officers
As per the Bylaws, Article II, the officers of the Conservation Commission shall be elected annually by the membership and consist of a Chair, a Vice-Chair, and such other officers as may be deemed necessary.

Chair:
The Chair is responsible for managing the responsibilities of the Milford Conservation Commission as described in RSA 36-A. This includes all activities relating to the proper utilization and protection of the natural resources within the town, as well as to further the will of the membership. Specific duties include presiding over Commission meetings, representing the Commission in dealing with the public, town officials/employees, and various private parties, and overseeing Projects, the finances of the Commission, and its day-to-day activities.

Vice-Chair:
The Vice-Chair shall assist the Chair in managing the activities of the Conservation Commission. Under special circumstances, the Vice-Chair can perform the duties of the Chair.

Committees
The Commission may appoint committees from time to time as it may require. A committee is an entity established by the Commission for the purpose of gathering information or performing actions not practical to complete at a meeting. At the beginning of each year, a decision will be made by the Commission as to what standing and special committees are needed to complete the work of the Commission at that time. As the year progresses, changes in committees and/or work assignments may be made as needed.

An investigative committee will be given an issue to research from the Commission along with a proposed deadline. Their role is to present a recommendation based upon their research to the membership at large. The members of an action committee may accomplish the designated action alone or in concert as suits the members of the committee as determined at a meeting of the committee with a quorum present.

Standing
Committee:
A standing committee may be appointed for the period of one year to address those issues that are a regular part of the Commission's business and require work outside the meetings. Monthly progress reports will be a standard agenda item. Standing committees could include purposes such as conservation easement monitoring, wetlands ordinance violations, public relations.

Special
Committee:
A special committee may be appointed for a project or investigation that requires work outside the meetings. The special committee will dissolve upon receipt by the Commission of a formal report and recommendation. Special committees could include purposes such as a specific site walk, gathering additional facts about matters before the Commission, proposing ordinances or zoning amendments, accomplishing physical work.

Committee Guidelines

Committee
Chair:
The chair of each committee may be elected by majority of the committee at their first meeting or may be appointed by the Commission. The chair is responsible for managing the task/project assigned to the group through to completion. The chair of the committee usually takes the most active part in the discussion and work of the committee. This includes submitting written reports prior to the regularly scheduled meeting when appropriate, making brief progress reports to the membership at large at the regularly scheduled meetings, and leading the committee through the actions needed to accomplish the task in a timely manner.

Committee
Membership:
Committee members may be appointed by the chair of the Commission, and may, by vote of the Commission, include interested or knowledgeable persons who are not members of the Commission.

The members of committees formed to provide information or recommendations relative to a matter before the Commission shall represent all views.

Motions:
Within the committee, motions are not necessary but a vote should always be taken so as to know exactly what has been decided.

A formal motion or motions covering all its recommendations should accompany the final report of a special committee. A committee may be able to perform the entire duty assigned it by reporting a recommendation, in which case a motion to implement the recommendation is reported alone.

Committee
Reports:
Each committee will present a progress report in writing at each scheduled monthly meeting of the Commission if a final report is not presented. The progress report will include minutes of any decisions made at committee meetings. No motion is needed to receive a report.



Chapter 4: Meetings   adopted 12/99  (as dictated by Bylaws, Article II)

Regularly Scheduled Meetings

The Milford Conservation Commission holds a "regularly scheduled meeting" on the second Thursday of each month at the Milford Town Hall, Selectmen's Meeting Room. A regularly scheduled meeting shall only be conducted when a quorum of four (4) members is present. Every regularly scheduled meeting is duly posted with an agenda and the public is encouraged to attend.

Public Notice:
The time and place of meetings shall be posted in two public locations at least 24 hours before the meeting in accordance with RSA 91-A:2.

Agenda:
The agenda will contain the following items:
  • Date, time and location of the meeting
  • Appointments
  • Approval of minutes of prior meeting(s)
  • Unfinished Business
  • Committee Reports
  • New Business
  • Information Items
  • Date, time, and location of upcoming meeting(s)

Attendance:
Member attendance will be taken at the beginning of each meeting and included in the minutes of the meeting.

Interpreter Services:
For members of the public: In accordance with the Americans with Disabilities Act, the services of an interpreter will be provided as requested. Such requests must be received in the Milford Board of Selectman's Office at the Town Hall at least two calendar weeks prior to the event. The Town will attempt to honor requests received after this time period.

Appointment Scheduling:
The Conservation Commission desires to accommodate individuals or groups wishing to meet with the members. Appointment requests will be accepted up to 24 hours prior to a scheduled meeting. To schedule an appointment at a Conservation Commission meeting, any individual or group may contact the Commission Chairperson or the Conservation Commission Office located at the Milford Town Hall.

Committee Reports:
Those committees making progress reports at the meetings shall submit beforehand a short written summary for inclusion in the agenda for review by all members. Those committees presenting a final report at a regularly scheduled meeting shall present their recommendations orally and make a motion to be followed by discussion. A vote of the members shall follow.

Voting:
There shall be a maximum of seven votes on all motions on the floor. If there are less than seven full members in attendance at a meeting, alternate members will be polled at the discretion of the Chair. A simple majority vote determines the outcome of a motion. Majority is the majority of votes cast excluding abstentions. Alternate members present but without voting privileges may participate in any discussion of Commission business. For purposes of voting on land protection expenditures, it is required that two-thirds of the membership, or five members, be present for the vote.

Conflict of Interest:
In accordance with RSA 273-A:2-a, no Commission member shall participate in any case of issue before the Commission in which that member has a potential conflict of interest. A conflict of interest shall include any case or action in which members have a personal or professional interest or are personally or professionally associated with any of the parties involved. Therefore, when such a conflict of interest exists, members are expected to voluntarily remove themselves from the Commission discussion or voting. The Commission shall abide by RSA 541-A for identifying and addressing potential conflicts of interest by Commission members.

Meeting Minutes:
The Commission, pursuant to NHRSA 36-A:2, keeps accurate records of its meeting and actions and these records are treated and safeguarded as the permanent records of the body. All meetings are conducted in accordance with the Right-to-Know, RSA 91-A:2, and meeting minutes are made available to the public within 144 hours of the public meeting except for those instances listed as exceptions to NH RSA 91-A:3 Executive Sessions.

Minutes regularly scheduled meetings of the Conservation Commission will include:

  1. Name of Commission and type of meeting
  2. Date, time and location of meeting
  3. Commission members in attendance and their respective positions, excused members
  4. Appointments for
    1. Dredge & Fill applications
      • Name & address of applicant and/or representative
      • Name & address of any abutters present
      • General description of project requiring application including address, tax map and lot numbers
      • Concerns raised by those in attendance
      • The Commission action on the application including motions made, seconded, vote with or without conditions
    2. Other business
  5. Amendments and approval of previously recorded minutes:
    • Content changes submitted to the chairperson in written form, debated and voted on by members
    • The minutes will not include minor spelling or grammar corrections
  6. A description of any miscellaneous business items the Commission may discuss and decisions rendered
  7. Record of each vote including the names of those making and seconding motions
  8. Any attachments becoming part of the permanent record of minutes. This may include reports of site walks, work sessions, or from other committees.
  9. Dates, times and locations of future meetings
  10. Time of meeting adjournment
  11. Name and position of the person preparing the minutes
  12. Date of approval of the minutes

Copies of recorded minutes are available to the public at the Conservation Commission Office, or from the Town Clerk's Office in the Milford Town Hall.

Site Walks

The Milford Conservation Commission will schedule on-site inspections as necessary; these will be duly posted for public notice. Whenever possible, the Commission shall notify abutters of the property under discussion of the date, time and place of the site walk and follow up meeting.

Procedure:
  1. A person will be designated as the Coordinator of the walk and a phone number will be on the posting for more information or for the public to check with for a scheduling change.
  2. Prior to the site walk, the Commission will solicit permission from the owner for interested abutters and other members of the general public to access the property during the site walk.
  3. At the site, a brief report will be formulated for the public record. It shall include persons attending, a brief description of observations and concerns.
  4. This report and all discussion, motions and votes about the site walk held at the next regularly scheduled meeting will be reported in the meeting minutes.

Work Sessions

The Milford Conservation Commission holds work sessions in the Town Hall as needed. These meetings are duly posted. Recorded minutes including the date, time, place, attendance and meeting summary will be made available to the public within 144 hours of the meeting.

Public Hearings

The Conservation Commission will hold a public hearing prior to the disbursement of Conservation funds authorized by a majority of the Conservation Commission members for any interest in real property as pursuant to RSA 36-A:5 and RSA 675:7. The Commission will also hold a public hearing when preparing an update of the Conservation Plan and when public input is desired on a controversial topic. All public hearings shall be held with legal notice given ten days prior to the meeting. The legal notice will be published in the local circulating newspaper and posted in two locations in the Town Hall. (See Appendix - Form of Legal Notice)

Procedure:
  1. The Chairperson of the Commission (or Vice-Chair if designated) is responsible for placement and confirmation that legal notice has been given within ten calendar days before the scheduled public hearing (RSA 36-A:5-II, RSA 675:6 and RSA 675:7). Legal notice to the circulating newspaper in the municipality shall be given on the Conservation Commission's legal notice form.

  2. The conduct of public hearings will adhere to the Commission's established format for such hearings. (See Appendix - Procedure - Conduct of Public Hearing) This process shall include:
    • Calling of the meeting to order by the Chair
    • Brief explanation of proposal
    • Attendance of Commission members and town officials
    • Overview of the property under discussion
    • Public comment including name and address of speakers
    • Motion, vote, adjournment of assembly.

Non-Public Sessions

The Milford Conservation Commission may meet in a non-public session for deliberations after a majority vote of the members present. Minutes of the proceedings in a non-public session are kept and publicly disclosed within 72 hours of the meeting unless, in the opinion of 2/3 of the members present, divulgence of the information likely would affect adversely the reputation of any person or render the proposed action ineffective. In the event of such circumstances, the information will be withheld until, in the opinion of the majority of the members, the above circumstances no longer apply. (RSA 91-A:3,III)

Session Topics:
As defined in RSA 91-A:3, II, only limited matters may be considered or acted upon in a non-public session. Examples of these include but are not limited to:
  1. The dismissal, promotion or compensation of any public employee or the disciplining of such employee, or the investigation of any charges against him, unless the employee affected (a) has a right to a meeting; and (b) requests that the meeting be open, in which case the request shall be granted;
  2. The hiring of any person as a public employee;
  3. Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community.

Telephone Poll Policy

Whenever a member needs to obtain the opinion of the majority of the members by telephone polls, the questions must be written out prior to making any phone calls, and asked in the same manner of each member being polled. The initiator must record the names of those members contacted together with the decision received from each one. That record will then be included and filed in the minutes of the next Commission meeting.



Chapter 5: Office

The Milford Conservation Commission maintains an office in the Town Hall. The office is staffed by the Conservation Coordinator who is an employee of the Town. The office functions as the center of Commission business, handling correspondence, managing files, resource material and the Commission's general business affairs. The office also serves as a resource for Commission members, town employees, members of town boards, landowners, developers and the general public in matters related to conservation and resource management.

Conservation Commission Coordinator

The Conservation Coordinator position supports the efforts, goals, mission and statutorily defined duties of the Conservation Commission. The Coordinator reports to the Chair or Vice-Chair of the Conservation Commission.

Office Operations

The Conservation Commission office serves as the town's primary resource for handling conservation-related matters. This includes management of information resources, files, technical research, financial record keeping and the annual budget and report process as well as the coordination of Commission meetings.

Information
Management
  • Responding to requests for information and making referrals when appropriate.
  • Explaining administrative and technical policies and procedures of the Conservation Commission.
  • Staying current with local and national conservation issues, federal, state, and town regulations and interpreting how they impact current policies and procedures of the Conservation Commission.
  • Communicating with various local, state and federal agencies where information or actions (relating to local conservation matters) by them is needed.
  • Ensuring all applicable state and town forms are on hand and readily available when requested.
  • Ensuring all Conservation Commission members are kept up to date on current and ongoing issues.
  • Performing a regular review of policies and procedures, the information manual, and Conservation Plan.
  • Researching pending issues and performing data collection as needed.
  • Maintaining the town map of conservation lands and easements.
  • Producing trail maps and conservation brochures.

Files
Files kept by the Conservation Commission office include:
  1. Land Event Files: These files are indexed both by map/lot number and alphabetically by the owner's last name. They are created when any Milford land owner files for a dredge and fill application or applies to make alterations to the property, the nature of which falls under the jurisdiction of the Conservation Commission. Each file typically includes a copy of the State Dredge & Fill Application, a site plan, copies of all minutes pertaining to the application, a copy of the minutes of other boards relating to the issue, and notes and recommendations of the Conservation Commission.
  2. Town-Owned Land and Easement Files: These files exist for all town-owned land managed by the Conservation Commission (town forests, etc.) and for private property within the town on which the town holds a conservation easement. Each file typically includes a copy of the deed to the Town of Milford, all minutes pertaining to the acquisition, a copy of the minutes from any related public meeting, acquisition-related expenses, other site-related documents and notes and recommendations from the Conservation Commission.
  3. Financial Files: These files include all necessary documentation relating to the current year's operating budget, past budgets, financial reports and records of the Commission's special funds.

Technical Research
The Conservation Commission office contains an extensive library of conservation-related information available to town officials, landowners, and others who wish to research conservation-related issues. The library includes current publications, books, manuals, pamphlets, brochures, maps, fact sheets, and other assorted materials. A complete listing of these resources is available in the Conservation Commission office. This material can be signed out through the Conservation Coordinator.

Financial
The Conservation Commission office abides by all Town policies and procedures relating to financial record keeping. Financial activities include:
  • Accurate processing of accounts payable in conjunction with the Finance Department.
  • Reconciling all Conservation Commission financial accounts, ensuring accurate records to provide a clear audit trail.
  • Preparing monthly financial reports.
  • Preparing the yearly financial and narrative report of the Conservation Commission for the Town's annual report and deliberative session.
  • Managing the Petty Cash Fund with authorization of the Chairperson.
  • Managing the Conservation Office equipment and inventory of supplies.
Employees and volunteers of the Commission are expected to abide by Town policies related to Commission expenditures.

Annual Budget & Report
Each year, on a schedule determined by the Board of Selectman, the Commission prepares a proposed budget for the upcoming year. Once this budget moves through the approval process and is accepted by the Board of Selectmen, it is included in the Town Operating Budget and offered to the voters for approval. Special financial needs above and beyond the scope of the annual budget may be addressed through the submission of a warrant article(s), subject to the same approval process as the aforementioned budget. The Commission also prepares a narrative of the year's activities and a financial report for inclusion in the Town Report.

Meetings
A calendar of all Conservation Commission meetings and appointments is posted in the Conservation Commission Office. Meetings include the monthly regularly scheduled meeting, site walks, work sessions, committee meetings, public hearings and non-public hearings. The Conservation Commission office staff prepares meeting agendas with the Chairperson and ensures public postings of the agendas as required by statute. The staff also records, transcribes, distributes and makes available to the public the meeting minutes as required.



Chapter 6: LAND ACQUISITION & MANAGEMENT

The Milford Conservation Commission seeks to protect lands that contribute to the social and economic well-being, scenic beauty, and natural and ecological health of the landscape and citizens of Milford. As set forth in RSA36-A:4, the Milford Conservation Commission may acquire land or water rights in order to protect their future use. Priorities for land protection include: 1) unique and/or ecologically significant natural wildlife habitat areas; 2) places with recreational, scientific, educational, archaeological, historic and/or scenic value, and 3) water supply lands. The Commission has developed guidelines for prudent identification, acquisition, and management of such lands.

Land Identification

Sources of Prospective Parcels
There are generally five means by which property comes to the attention of the Conservation Commission:
  • The owner of a property may approach the Commission to preserve their land by offering their property as an outright gift of the fee ownership or of an easement to the town. The owner may wish to sell their property or an easement to the town for full or reduced value.
  • The Commission, in the course of their natural resource inventory work, may identify a property that they have an interest in preserving and may contact the owner to discuss the matter further.
  • A third party may approach the Commission with the recommendation of a property. The Commission may contact the owner to discuss the matter further.
  • During the course of reviewing a subdivision plan or dredge and fill application, the Commission may become aware of land that fits their criteria for preservation.
  • Properties taken by the town for nonpayment of taxes will be reviewed by the Commission for their appropriateness for retention as conservation land.

Preliminary Review
The identified property will be reviewed by the members to ascertain its value as conservation land or land of interest because of its location or other attributes. The Commission's criteria for land acquisition will be used as far as the Commission's knowledge of the property permits.

Criteria
  • Land adds to other existing protected land or may serve as a focus for future land protection efforts.
  • Land has outstanding natural resource conservation opportunity.
  • Land has significant public education or recreation opportunities
  • Land has important historical or archaeological significance.
  • Land is on a major trail corridor.
  • Land has frontage on a significant wetland, stream, or water body.
  • Land provides access to public land or public waters.
  • Land has habitat for endangered, threatened, or sensitive wildlife species.
  • Land contains rare, unique or critical habitat, such as peat lands or pine barrens.
  • Land has, contains, or is part of a scenic vista from a well-traveled road.

Prioritization
Factors
  1. Conservation value based on above criteria
  2. Degree of threat present
  3. Cost and availability of funds
  4. Opportunity for multi-source funding
  5. Cost of long term management, dollars & labor
  6. Opportunity for cooperation with other conservation organizations

Land Acquisition

If, after the preliminary review, the Commission decides to proceed with the potential acquisition, the following process may occur in part or full:

Acquisition Process
  1. There will be a vote of the members present at a regularly scheduled meeting on whether the property warrants further investigation. If the vote is in the affirmative, a memo will be sent to the Board of Selectmen and to the Planning Board informing them that the Commission has a preliminary interest in the property.
  2. One or more members will further investigate the property to determine, among other things, a more detailed inventory of the property's resources, estimates of costs involved, and the landowner's willingness to negotiate.
  3. The Commission will review the information gathered and vote on whether to continue.
  4. If the vote is in the affirmative, the Commission will present their position to the Board of Selectmen and request a formal vote to allow the Commission to continue.
  5. As prescribed in RSA 36-A:5,II, if the acquisition involves the expenditure of funds, a public hearing will be held in accordance with RSA 675:7.
  6. The Commission will ask Town Council to review the documentation and complete all appropriate legal work.
  7. A closing occurs on the desired property.
  8. The Commission will request the Selectmen to designate the property "under the management of the Milford Conservation Commission." A note will be added to the assessor's information card that the land is "Conservation Land".
  9. If the property is to be added to an existing town forest or designated town forest, a warrant article will be prepared and presented at the next town meeting.
  10. Commission documentation will include copies of all correspondence, applicable commission minutes, selectmen's minutes (discussion and vote), report of natural resource evaluation, survey and plot plan, pictures, Purchase and Sale Agreement, deed, financial transactions, and the assessor's information card.
  11. A second file of the acquisition documentation will be sent to the Planning Department to be added to the land files in the vault.

Acquisition Expenses
Expenses associated with acquiring a parcel of land may include surveying, appraisals, a site plan, attorney's fees, etc. When a private individual(s) requests the Commission to protect a parcel which meets the above-referenced criteria, the Commission will request that the donor assume responsibility for the acquisition expenses, whenever possible.

Acquisition Funding
The Commission may obtain funds to purchase property or property rights for conservation purposes through a variety of sources: town appropriations; Conservation Land Fund; matching state, federal, or other grants; partnerships with other conservation organizations; and private donations or bequests.

Land Management

MCC is responsible for the management of all lands deemed "under its management" and of those under other forms of legal protection (easements, etc.). Management includes maintaining current, complete documentation in the Town Hall and conducting periodic inspections and maintenance activities on the various land parcels. The Commission seeks to involve community volunteers, as much as possible, in the physical monitoring of the lands to encourage public participation and pride in Milford's protected lands.

Milford Conservation
Plan
The Conservation Commission has a Milford Conservation Plan which is periodically updated as part of the Town's Master Plan. This comprehensive document contains an inventory of protected lands and resources, as well as applicable state and federal regulations, conservation management techniques, and priorities for natural resource management. Maps for all of Milford's streams, water bodies and other wetlands, floodplains, town forests, conservation lands, prime agricultural soils, scenic roads and vistas, parks, historic sites and potential high-value archaeological sites are included in the Plan.

Land Files
The Commission maintains files of all land under its management. Such files include maps, deeds, reports, and other related material. Land files are located in the Town Hall and are available for public inspection. A complete inventory of the Commission's protected lands is maintained on a tax map available in the Commission's office.

Natural Resources
Inventory
The Commission works with private and state organizations, college students and local townspeople to gather and update information about the natural resources within the town. This is an ongoing project and includes data collection activities such as wildlife tracking, GIS mapping, and the identification of soils and plants.

Physical Monitoring
The Conservation Commission members or community volunteers monitor the protected lands on a regular basis by visual inspection. Any suspicious activities are reported to the Commission for further and immediate action.

Trails/Signage
On an ongoing basis, the Commission identifies and oversees established and "unofficial" trails within the conservation land trail network. Established town forests and hiking areas are marked with large roadside signs to encourage public use. Trails within the network may be labeled by name, blazed trees, and with directional arrows.

Trails are maintained in large part through the efforts of volunteer individuals or organizations. Through periodic monitoring and maintenance, trails are kept clear of brush and fallen trees. On occasion, the Commission requests the assistance of Milford's Department of Public Works.

Maps
The Commission provides current maps of the trails on town conservation land and the Souhegan River Trail at the Town Clerk's office or the Conservation Commission office. These maps can also be accessed on the Commission's Website.

Forest Management Plan
The Conservation Commission periodically meets with a forestry consultant to review and update the forest management plan for all town forests. When appropriate, the Commission authorizes such activities as timbering, boundary surveying, blazing, and painting. Timbering proceeds are placed in the Town Forest Fund.

Public Use
The Commission encourages the townspeople to enjoy and use the town conservation lands for activities such as hiking, cross country skiing, showshoeing, and bird watching.

Snowmobiling is permitted on designated snowmobile trails. Hunting is permitted in accordance with current New Hampshire Fish and Game Commission regulations. Persons wishing to camp overnight and/or build a campfire on town land must obtain an overnight camping and campfire permit from the Conservation Commission and the Milford Fire Department. Campfires are allowed in designated areas only. Permits may be obtained at the Conservation Commission office in Town Hall; phone 672-1070.

The following activities are forbidden on town land: Use of alcoholic beverages, and/or illegal substances, dumping of man made or natural materials, disturbing or removing any plant or animal life.



Chapter 7: WATER RESOURCES PROTECTION

One of the most important directives from the State of New Hampshire to conservation commissions is overseeing the proper utilization and protection of natural resources. The most fragile of these resources is water. Man-made disturbances, such as roads, housing developments and shopping centers, not only introduce pollutants but also compromise or destroy the natural features of the landscape that purify the water. To assure clean water into the future, surface waters and their buffers must be protected from the contamination and degradation of incompatible human activities. It is the goal of the Conservation Commission and town ordinances to minimize the impact on our important water resources.

Water Resources

Types
Milford's water resources can be divided into two groups: surface water and ground water. Surface water includes ponds, streams and wetlands such as marshes, swamps, forested wetlands and bogs. Ground water, vital for drinking and other human needs, originates as rains or snow on Milford and the towns upstream in the watershed. The greatest volume of Milford's ground water is located in stratified drift aquifers (water laden sand and gravel deposits) along the Souhegan River, Great Brook and Birch Brook.

Means of Protection
There are natural systems that help to assure good water quality. The first line of defense is uplands left in their natural state, like forests and wild meadows. Natural bacteria in the leaf litter act to reduce, remove or transform many harmful pollutants. Vegetation and natural ground litter also remove silt and prevent erosion thus ensuring clean, clear water. Upland areas around streams and wetlands constitute a protective buffer around these important resources.

Disturbances to the natural systems by building construction, pavement or change of soil / vegetation within Milford is regulated to minimize the impact on both surface water and underground water (aquifers). Each project may be subject to Federal, State and town regulations. The Army Corps of Engineers has jurisdiction over surface water and has delegated certain powers to the NH State Wetland Bureau. In addition there is the New Hampshire Shoreland Protection Act which governs land use within 250 feet of the Souhegan River and Osgood Pond. A Milford town ordinance regulates upland buffer areas surrounding surface water and wetlands. Another Milford ordinance regulates the land above aquifers. Each of these has certain requirements that must be followed and in some cases approvals and permits are necessary. (See Appendix for related Army Corps of Engineers Guidelines, Comprehensive Shoreland Protection Act information, New Hampshire Rivers Management and Protection Program Guidelines, Wetlands Conservation District Ordinance, and Aquifer Protection District Ordinance.)

Function of Wetlands
Wetlands improve the quality of the water passing though them by filtering out sediment and reducing the nutrient load of stormwater runoff. Wetlands are also crucial in reducing the flood hazard from large storm events. Lastly, natural wetlands support the large variety of wildlife in the town, as most species need surface water at some stage in their life.

Dredge and Fill Overview

New Hampshire law (RSA 482-A, 3) states that "No person shall excavate, remove, fill, dredge or construct any structures in or on any bank, flat, marsh, or swamp in and adjacent to any waters of the state without a permit from the department [of Environmental Services]. "

Anyone who is undertaking a project on land in Milford within the jurisdiction of the New Hampshire Department of Environment Services (NHDES) Wetlands Bureau must go through the permitting process. This includes impacts on ponds, streams and wetlands as defined by the Wetlands Bureau. The Milford Conservation Commission has no power to approve disturbances. The Commission's role is to review the application, conduct a site walk when necessary, and make recommendations to the Wetlands Bureau and appropriate town boards.

Type of Applications The two most commonly used applications are the Minimum Impact Expedited Application and the Standard Dredge and Fill Application, each with its own filing process and timetable. The decision to use either Minimum Impact Expedited Application or the Standard Application is determined by factors such as the scope, location, nature of the wetland disturbed and total disturbed area. (See the application forms in the Appendix for complete details.)

Applications are available from the Town Clerk or the Conservation Commission at Milford Town Hall or from the Wetlands Bureau office in Concord or on their Web site, des.state.nh.us/wetlands.

Large Scale Projects The Commission strongly recommends that applicants seeking approval of large scale impact projects contact the Army Corps of Engineers directly for a preliminary discussion of their project. This may reduce application process time for cases falling under the Army Corps jurisdiction. (See Appendix for Army Corps of Engineers Guidelines.)

Expedited D&F Approval Procedure
Initial Filing
The applicant submits the completed minimum impact application form with all attachments to the Conservation Commission. The Commission may request the applicant present the project at a regularly scheduled Commission meeting. In all cases of expedited applications, the Commission will view the site of the proposed project at a site walk posted at least 24 hours prior to the site walk.

Site Walk
The applicant may call the Commission to arrange a day and time for this inspection. The Commission recommends that the applicant have a certified soils or wetland scientist clearly flag the wetlands and impact area so that the Commission can accurately assess the proposed impact area. It is also recommended that the applicant or a representative accompany the Conservation Commission on the site walk.

Recommendations
Commission members in attendance at the site walk formulate their observations and concerns in a written report and present the report at the next regularly scheduled Commission meeting. The applicant is encouraged to attend. At this meeting the Commission will discuss the report and the application and vote whether or not to sign the expedited application. If the vote is for denial, the applicant may revise the plan and submit a new application or may choose to file a standard dredge and fill application which does not require the Commission's signature for filing with the Wetlands Bureau.

Filing with the State
Five copies of the signed application form, along with the filing fees, are presented to the Town Clerk for that signature. The Town Clerk sends the original copy to the Wetlands Bureau, retains one copy and distributes one copy each to the Conservation Commission, the Board of Selectmen and the Planning Board.

Outcome
Under New Hampshire law, the Wetlands Bureau is required to act on minimum impact expedited applications within 30 days of receiving the complete application. Work may not begin until a written permit has been received from the Wetlands Bureau. This permit must be posted in a visible location at the project site.

Standard D&F Approval Procedure
Filing with the State
The applicant submits 5 copies of the completed application with all attachments to the Town Clerk for signatures of receipt. The Town Clerk sends the original copy to the Wetlands Bureau, retains one copy and distributes one copy each to the Conservation Commission, the Board of Selectmen and the Planning Board. The Conservation Commission has 40 days to complete its review process.

Presentation to the Commission
The applicant requests an appointment with the Commission. A request for this appointment must be made no later than 24 hours before the next regularly scheduled meeting. At the Commission meeting, the applicant presents the scope of the work and the need for the disturbance. A site walk is scheduled.

Site Walk
The Commission recommends that the applicant have a certified soils or wetland scientist clearly flag the wetlands and impact area so that the Commission can accurately assess the proposal. It is also helpful for either the applicant or a representative to accompany the Conservation Commission on the site walk.

Recommendations
Members in attendance at the site walk formulate their observations and concerns in a written report and present the report at the next regularly scheduled Commission meeting. The applicant is encouraged to attend. At this meeting the Commission will discuss the report and vote whether or not to recommend approval to the Wetlands Bureau. A letter of opinion is sent to the Wetlands Bureau with copies to the Zoning Board of Adjustment (ZBA) and the applicant.

Outcome
The Wetlands Bureau makes the final decision and notifies all concerned parties. Work may not begin until a written permit has been received from the Wetlands Bureau. This permit must be posted in a visible location at the project site. If the project is not approved, the applicant may revise the plans and reapply.

Zoning Board of Approval
Any recipient of a Standard Dredge and Fill Permit must appear before the ZBA for a special exception under the 6.020 Wetlands Conservation District of Milford Zoning Ordinance.

Buffer Disturbances
Disturbances to buffer areas around ponds, streams and wetlands are regulated by the Wetland Conservation District Ordinance, Section 6.020 of the Town of Milford Zoning Ordinance. Any disturbance to the designated buffer (6.023 Location) not allowed in the ordinance (6.025 & 6.026) needs a Special Exception from the Zoning Board of Adjustment. If a Standard Dredge & Fill Application is being filed for the project, the buffer disturbance will be considered by the Town during the wetland review process. If there is no concurrent wetland impact, the applicant must present the proposal to the Conservation Commission prior to requesting the Special Exception from the ZBA. The Commission reviews the proposal and forwards its recommendation to the Zoning Board of Adjustment for their approval.

Wetlands Violations
The general procedure for handling wetlands violations is listed below. This may vary according to individual circumstances and agency involvement.

Complaint
The Conservation Commission may be notified of an apparent violation of the Wetland Conservation District ordinance. The Commission refers the complaint immediately to the town's Code Enforcement Officer, and becomes available for technical consultation throughout the evaluation and reporting process.

Inspection
The owner of the property where the alleged violation is located will be contacted by the Code Enforcement Administrator and notified of the possible violation. This may be followed by a written confirmation of the call with the violation described. With permission of the landowner, the Code Enforcement Officer conducts an on-site inspection of the site to gather facts and determine further course of action.

If the landowner does not grant permission for an on-site inspection, the Wetlands Bureau will be advised in the written Complaint Form submitted by the Code Enforcement Officer with assistance from the Conservation Commission. If the property owner wishes to retain some or all of the impact, then a Standard Dredge & Fill (After-the-Fact) Application must be filed by the property owner within the specified time limit or an official complaint form will be sent to the Wetlands Bureau.

Follow-Up
The Wetlands Bureau and other concerned parties evaluate the case and determine actions to be taken, which may include a remediation plan to be completed by the landowner. The Code Enforcement Officer is responsible for seeing that any actions ordered by the Wetlands Bureau are fulfilled.