COURTESY
CONCORD — Earlier this month the New Hampshire Department of Environmental Services (NHDES) issued new draft rules covering protections for activities, including logging, in and around wetlands. This is the second set of draft rules, following the first draft issued in January.
According to the N.H. Timberland Owners Association, “the new draft rules contain both good and bad news for landowners, loggers, and foresters. The good news:
It appears the NHDES heard our concerns earlier this year.
This draft is an improvement from the January draft but it still needs more work.
Now for the bad news:
Sections of the rules are still very confusing to navigate, with multiple cross-references and apparent incorrect cross-references.
These rules do not improve the current wetland rules (i.e. no crossing dimensions or other standards were modified).
There are several new definitions that appear to extend the regulatory authority of the rules into other areas beyond water quality (e.g. wildlife).
Under the new draft rules, regulating timber management in or adjacent to a prime wetland is still very subjective.
Managing timber in floodplains will be more difficult.”
This is a very complex document and the NHTOA is still reviewing it to understand the practical and financial impact these rules would have on forest management. The NHTOA has urged its members interested in this to also look at the summary of the status of the wetlands rulemaking here .
Overall the NHTOA believes the second draft is a big improvement from the first draft, and it appreciates the NHDES for hearing their concerns.
The NHTOA urges its members to attend one or more of the seven public hearings on the second draft that NHDES has scheduled from Dec. 3-13. Here are dates, times, and locations:
Monday, Dec. 3: NHDES Headquarters, Room 208C, 29 Hazen Drive, Concord, N.H. 2 – 4 p.m.
Monday, Dec. 3: NHDES Headquarters, Room 208C, 29 Hazen Drive, Concord, N.H. 6 – 8 p.m.
Tuesday, Dec. 4: Keene Parks and Recreation Center, 312 Washington St., Keene, N.H. 6 – 8 p.m.
Thursday, Dec. 6: Laconia City Hall, 45 Beacon St. East, Laconia, N.H. 6:30 – 8:30 p.m.
Tuesday, Dec. 11: North Country Resource Center, 629B Main St., Lancaster, N.H. 5:30 – 7:30 p.m.
Thursday, Dec. 13: NHDES Pease Field Office, Room A, 222 International Dr., Suite 175, Portsmouth, N.H. 2-4 p.m.
Thursday, Dec. 13: NHDES Pease Field Office, Room A, 222 International Dr., Suite 175, Portsmouth, N.H. 6:30-8:30 p.m.
The NHTOA is urging its members to make comments on the draft rules at any of these public hearings and to emphasize the following two points:
The final rules need to be easy to understand. Any landowner or land manager should be able to read the rules and know what approvals their project will require. There are sections within these rules that still need considerable clarification.
The final rules also must recognize the unique nature of forest management. The rules should recognize the uniqueness (e.g. ephemeral impacts, habitat enhancement, etc.) of forest management projects and that forestry is a beneficial land use for water, wildlife, and forest health. These rules should promote forest management.
For more information about the draft rules and more links to details, see the article on the NHTOA website.
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