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Selectmen tell property owner to secure permits after culvert and gravel access work near wetland
Summary
The Board asked a property owner to obtain state and town permits after finding a culvert in a prime wetland and additional gravel access placed inside the 100-foot buffer; the owner said he met with DES and was told a permit was not needed but was asked to provide documentation.
The Board of Selectmen directed a property owner to secure permitting after finding work on his land in or next to a regulated wetland.
At the Dec. 8 meeting, Chair Steve Dzubak told Jim Yager the Board expected documentation from the New Hampshire Department of Environmental Services (DES) for culvert work that the Board believes lies in a prime wetland and asked Mr. Yager to work with Zoning Coordinator Tim Bray to apply to the Zoning Board for any work inside the 100-foot wetland buffer. Tim Bray reviewed a property map and explained that DES regulates work within the wetland itself while the Planning/Zoning Board oversees work within the 100-foot buffer.
The Board said its prior understanding was that the project was limited to a culvert replacement off a Class VI road, but additional gravel access and a landing were installed. Mr. Yager said he provided the Natural Resources Conservation Service (NRCS) final plan drawing and that the 75-foot access was built to NRCS specifications. He told the Board he met with DES staff, who told him a permit was not required; Chair Dzubak said documentation of DES’ determination would be adequate for the Board’s record.
Why it matters: Work inside a prime wetland generally requires a DES permit and work inside the 100-foot buffer requires local permitting. The Board’s request signals it expects formal documentation or retroactive local permits when soil or vegetation disturbances occur near wetlands.
What happened next: The Board asked Mr. Yager to obtain any DES paperwork and to coordinate with Zoning Coordinator Tim Bray on a Zoning Board application for the gravel access and landing. Mr. Yager said he does not intend to extend the access beyond the NRCS-specified 75-foot segment.
