Wetlands Pool
Shane Rouse
The State of Vermont protects wetlands which provide significant functions and values and also protects a buffer zone directly adjacent to significant wetlands. Wetlands in Vermont are classified as Class I, II, or III based on the significance of the functions and values they provide. Class I and Class II wetlands provide significant functions and values and are protected by the Vermont Wetland Rules. Any activity within a Class I or II wetland or buffer zone which is not exempt or considered an "allowed use" under the Vermont Wetland Rules requires a permit.
The following documents provide acceptable protocol and data forms for wetland consultants to follow while conducting wetland investigations to independently determine which wetlands are considered protected under the Vermont Wetland Rules (VWR).
Class I wetlands have been determined to be, based on their functions and values, exceptional or irreplaceable in its contribution to Vermont's natural heritage and, therefore, merits the highest level of protection. All Class I wetlands are mapped on the Vermont Significant Wetland Inventory (VSWI) maps and listed in the Vermont Wetland Rules. To learn more please visit our Class I wetlands page.
All wetlands contiguous to wetlands shown on the Vermont Significant Wetland Inventory (VSWI) maps are presumed to be Class II wetlands, unless identified as Class I or III wetlands, or unless determined otherwise by the Secretary or Panel pursuant to Section 8 of the Vermont Wetland Rules. In addition, any wetland with one or more of the following characteristics is Class II (See General Determination 2020-263 and Section 4.6 of the Vermont Wetland Rules):
Vegetated wetlands adjacent to streams, rivers, or any open body of water that do not meet the 2,500 square foot size threshold in subparagraph b above are often significant, and should be evaluated for significance by a wetland ecologist before work is done that would impact the wetland.
Class III wetlands are neither Class I or Class II wetlands. They are not protected under the Vermont Wetland Rules. Other regulations may apply. Please contact the Army Corps of Engineers for more information
If your wetland is mapped as a Class I wetland, it is Class I. If the wetland is mapped as a Class II wetland or meets one of the characteristics listed under "Class II Wetlands", it is Class II. If you are unsure of the status or would like the Wetlands Program to consider a different classification, you may either invite your District Wetlands Ecologist to your site during the growing season (often late April - October) to review or request a formal wetland determination. The wetland determination process is described in Section 8 of the Vermont Wetland Rules. For the Wetlands Program's procedure, see the Vermont Wetlands Section Class II and Class III Determination Procedure.
The Vermont Wetland Rules protect pool-breeding amphibian habitat. Pooling forested wetlands with no permanent inlets or outlets are presumed to be vernal pools and Class II unless an adequate breeding season survey indicates no amphibian breeding activity. When activities are proposed within 50 feet of a pooling wetland, wetland permitting requires the evaluation of the extent to which the wetland (aka vernal pool) supports or provides habitat to support the reproduction of uncommon pool-breeding Vermont amphibian species* and how the project may affect that habitat. An evaluation cannot take place if the application lacks spring breeding and habitat condition information. It is therefore important that adequate evidence is collected during the spring breeding season. The document, Recommendations for Pool-breeding Amphibian Surveys and Habitat Assessments recommends appropriate ways to collect adequate data for the purposes of determining wetland significance (classification) and applying for a wetlands permit.
Vernal pools are seasonal depressional wetlands that occur under the Mediterranean climate conditions of the West Coast and in glaciated areas of northeastern and midwestern states. They are covered by shallow water for variable periods from winter to spring, but may be completely dry for most of the summer and fall. These wetlands range in size from small puddles to shallow lakes and are usually found in a gently sloping plain of grassland. Western vernal pools are sometimes connected to each other by small drainages known as vernal swales, forming complexes. Beneath vernal pools lies either bedrock or a hard clay layer in the soil that helps keep water in the pool.
Climatic changes associated with each season cause dramatic changes in the appearance of vernal pools. The pools collect water during winter and spring rains, changing in volume in response to varying weather patterns. During a single season, pools may fill and dry several times. In years of drought, some pools may not fill at all.
In the spring, wildflowers often bloom in brilliant circles of color that follow the receding shoreline of the pools. By early summer, the water has evaporated, and the clay pools appear brown, barren, and cracked.
However, appearances may be deceiving. The unique environment of vernal pools provides habitat for numerous rare plants and animals that are able to survive and thrive in these harsh conditions. Many of these plants and animals spend the dry season as seeds, eggs, or cysts, and then grow and reproduce when the ponds are again filled with water. In addition, birds such as egrets, ducks, and hawks use vernal pools as a seasonal source of food and water.
Vernal pools are a valuable and increasingly threatened ecosystem, often smaller than the bulldozer that threatens to destroy them. More than 90% of California's vernal pools have already been lost. Great efforts are being made to protect the remaining vernal pools, as their disappearance marks the loss of rare and important habitat and some of the associated plant and animal species as well.
NHDES offers technical assistance to all permit applicants with proposed projects that may impact protected areas such as wetlands. Project planning requires an understanding of wetland functions, values, and local natural processes. These resources are designed to help applicants avoid and minimize jurisdictional impacts, provide complete Wetlands Permit Applications, find information on identification and assessment, and screen for nearby natural resource areas.
Schedule Preapplication Meetings: If your proposed project involves 10,000 square feet or more of potential impacts to wetlands, or if otherwise required, please email Rebekah...@des.nh.gov to schedule a meeting. Please note that timing for such meetings depends on NHDES staff schedules as well as other state and federal agencies if applicable. Schedules are typically booked several weeks in advance.
Contact Regional Permit Reviewers: Pre-application meetings are not always necessary. Applicants may also call or email their regional permit reviewer directly. Applicants may be asked to answer additional specific questions, to share plans and photos, and to provide a brief project history.
After high-value wetlands are identified, municipalities hold public hearings and vote on a designation. Once a municipality approves, it provides NHDES a copy of the study and tax maps with the designated prime wetlands identified. NHDES reviews to ensure it is complete and in accordance with Env-Wt 702.03.
Once the town's prime wetland is considered complete and approved, NHDES will apply the law and rules applicable to any future proposed projects within the prime wetland or the 100-foot prime wetland buffer.
Please consult the Wetlands Permit Planning Tool (WPPT) to determine if your proposed project is within a town-designated protected area. The original files can also be found at the town municipal offices.
If you are a New Hampshire agent or homeowner in the planning and design phase of a proposed project in or near wetlands, here are some tips on getting better project results when filing your standard dredge and fill wetlands permit application. (Runtime 5:50)
Vernal pools are those wetlands and temporary ponds that typically have ponded water only part of the year. Because the pools are temporary, they provide critical habitat for certain wildlife to breed and complete their life cycle. Many of the animals that breed in vernal pools live in the upland areas around the pool during the non-breeding season. When pools dry, wood frogs migrate to forested upland areas that are as much as 1,000 to more than 2,000 feet from their breeding pools. Mole salamanders will migrate to forested uplands that are 1,000 feet from their breeding pools. Vernal pools are a resource protected from unregulated alteration under the NHDES Wetlands law and rules. The rules provide definitions of vernal pool, primary vernal pool indicators and secondary vernal pool indicators.
In addition to their economic value, New Hampshire wetlands are of great importance for flood control, water quality, water storage and recharge for both groundwater and surface waters. These resources are even more critical with the expected increase in frequency and severity of storm events associated with climate change. Wetlands also support the food chain, providing food and habitat for a variety of aquatic and upland plants and wildlife.
Although New Hampshire has lost fewer wetlands to filling and dredging than many neighboring coastal states, landscape change poses a significant challenge to their protection. It is found to be for the state's public good and welfare to protect and preserve both tidal and fresh waters and wetlands (including lakes, ponds, rivers, streams, marshes, forested wetlands and peatlands) from unregulated despoliation. These resources provide important functions and values, such as:
Activities in wetlands and surface waters such as excavation, removal, filling, dredging and/or construction of structures in or on any bank, flat, marsh, forested wetland or adjacent to waterbodies, generally requires wetlands permitting review and approval, in accordance with the Fill and Dredge in Wetlands Act (RSA 482-A), unless otherwise specified by state statute or rule.
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