Senator proposes narrower wetland buffers in H.319; committee raises scientific and floodplain concerns

Senator Pat Brennan (Fair Isle County) described an amendment to H.319 before the Senate Natural Resources & Energy committee on Wednesday, May 21, that would reduce certain wetlands buffer and mitigation requirements in Class 2 wetlands within industrial parks and designated growth centers.

Brennan said the amendment would cut the buffer from 50 feet to 25 feet in Class 2, Tier 1A and 1B wetlands in specified areas and would change mitigation requirements from a 2:1 replacement ratio to 1:1 in those areas. "Basically, here today to talk about an amendment I have for H.319," Brennan said, summarizing the measure and its intent to increase predictability for development and support additional housing units in constrained projects.

Brennan told the committee that recent statewide wetland accounting showed a gain of roughly 235 acres in the prior year and a net loss of 1 acre to development, citing those figures to argue the amendment would not produce net wetland loss. He also described proposed reporting requirements under the amendment: annual estimates of wetland gains and losses, and reporting on floodplain restoration and dam removals.

Committee members raised substantive concerns. One member asked whether the agency had studies showing a 25-foot buffer is sufficient to maintain wetland functions; Brennan acknowledged he did not have scientific studies proving equivalence but said he anticipated limited impacts and greater predictability for development. A committee member asked whether the amendment effectively permits building in unmapped wetlands; Brennan and agency staff confirmed sections 34 and 35 address pre-mapped wetlands and that the secretary would have discretion over some unmapped features.

Charles Martin, deputy secretary at the Agency of Natural Resources, offered to provide follow-up information on some draft-language questions and rule references. "I will get you an answer," Martin said when asked about a specific reference in the amendment text.

Committee members also noted overlap between designated growth centers and floodplains, and expressed concern that reduced buffers in downtown and growth-center areas could affect critical wetland functions. Several members said they were sympathetic to the need to improve predictability for development but did not believe the amendment as drafted was the correct path and asked for studies or additional rule language before considering it further.

No formal vote was taken. The committee requested that Brennan and agency staff provide the cited rule references (including Rule 9.5 subsections on mitigation sequencing and compensation), supporting studies or evidence for buffer adequacy, and clarification of how the proposed reporting requirement would be implemented. The amendment remains under discussion and may be revised before being considered by the Finance committee or on the floor.