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Agency finds Winkler Road farm road allowable as agricultural access; will inspect site
Summary
After extended discussion about wetlands, Army Corps thresholds and a 14-foot fire-marshall requirement, the Inland Wetlands Agency concluded the proposed farm road to access about 40 acres on Winkler Road appears allowable as an "as-of-right" agricultural use and agreed to walk the site to flag a recommended alignment.
The Inland Wetlands Agency determined a proposed farm road to access 136 Winkler Road is allowable as an "as-of-right" agricultural use and agreed to inspect the site for a recommended alignment.
Applicant Doug Nation described the parcel as roughly 40 acres (part of a combined set of parcels totaling about 100 acres) and said he needs reliable access to continue farming and operate equipment. Nation told the Agency he has discussed options with the Army Corps of Engineers and the town: the Corps’ jurisdiction is triggered when more than 5,000 square feet of wetland disturbance would occur, and the town fire marshal had indicated a 14-foot driveway would be required for emergency access. Nation said he preferred to either repair the existing farm road or construct a new farm road built to a specification that minimizes wetland disturbance.
Agency members discussed alternatives: repairing the existing road through the wetlands, routing a new road through upland where possible, or using a split driveway arrangement with the property line down the center to satisfy both access and fire-marshal width requirements. Several members advised walking the proposed alignment in the field before a final determination on the exact route. One member summarized regulatory options and suggested that constructing a roadway as a "farm road" might avoid Army Corps permitting provided the use remains agricultural and disturbance thresholds are respected.
On the record the Agency indicated consensus that the proposed farm road in the form presented met the criteria for an as-of-right agricultural access. One member said, "I think he's being straightforward and honest," and the record reflects three affirmative responses ("three of three") on the determination. The vice chair was asked to sign the determination form.
The Agency did not adopt detailed construction plans that night; members and staff said conditions should include limiting wetland disturbance, using sediment controls, and returning with flagged alignments for a site visit. Staff offered to walk the site with the applicant and flag potential alignments before formal permitting or repair work commences.
