Forest management implies that planning is necessary to maintain and promote the forest resource. This planning can also incorporate the regulatory requirements and still achieve the same outcome. A majority of timber operations will encounter wetlands or surface water during a harvesting operation. The purpose of this technical bulletin is to explain what areas are regulated by the Department of Environmental Services (DES) and how you can identify them.

What is the New Hampshire wetlands law?

Wetlands and surface water are regulated under RSA 482:A, which was enacted in 1969. The law states "no person shall excavate, remove, fill, dredge, or construct a structure in surface water, bank, or a wetland without a permit from the Department of Environmental Services ".

The purpose of the law is to protect tidal and fresh waters and wetlands from unregulated alteration. Why the protection? The Legislature recognizes that these areas are valuable to the State of New Hampshire based on the functions they provide. The three common functions are nutrient and pollutant filtering, storm water detention, and wildlife habitat.

The permitting process allows the Department to evaluate projects and their impact on a wetland's functions. In 1989 the law was modified to allow the timber industry to use a notification process for minimum impact projects instead of using the standard application process. The notification offers an opportunity for the Department to monitor projects, but allows harvesting to begin with minimal delay provided proper crossings are installed, that the crossing is the best alternative, and of least impact to the wetlands.

What Areas are Regulated?

All freshwater and tidal wetlands are regulated by the Department. The Department defines a wetland as an area that is inundated by surface or ground water at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions. In other words, it is an area where you find specific plants that can grow in wet soil conditions.

Areas of surface water are also regulated. These areas include tidal waters, lakes, ponds, rivers, brooks, and seasonal or "intermittent" streams. Intermittent is defined as a stream which does not flow year round, but flows long enough to form a defined channel or have wetland vegetation establish. Intermittent streams are regulated during all times of the year, even when they are dry.

The jurisdiction adjacent to surface waters includes the bank. A break in slope marks the top of the bank, which is the upper limit of jurisdiction. The Department also has jurisdiction in the tidal buffer zone. The buffer zone is land (including upland areas) within 100 feet from the highest observable tide line. The jurisdictional areas most commonly encountered in the timber harvesting industry are flowing surface water (perennial and intermittent streams) and forested wetlands.

What is a forested wetland? How can I recognize one?

Wetland areas dominated by trees or shrubs are called swamps. A typical swamp vegetative community could consist of a tree layer, a sapling layer, a shrub or bush layer, an herbaceous layer (wildflowers, ferns, grasses, sedge, etc.), and a bryophyte layer (mosses). Knowing which trees can grow in wetlands is the first step in identifying a forested wetland.

The following table distinguishes between wetland and upland tree species.

What are some other indicators for wetlands?

1. Water at or close to the surface through out the year.
   A wetland may become drier in July and August, but it will usually pond water for several days after a heavy rain. Look for evidence of dark stained or wet leaf litter. The type of soil will also provide information relative to a high water table. A quick soil test pit may show dark or grey wetland (hydric) soil instead of bright, light colors common to upland soils (tan, yellow, brown).

2. Look at the vegetative community in the area.
   Thick growth of sphagnum moss and various species of ferns are a clue that you might be in a wetland. Trees with exposed root systems could indicate a saturated soil condition. The high water table limits the trees ability to carry out the carbon dioxide/oxygen exchange, therefore root systems grow near or above the soil surface in order to carry out this exchange.

3. Look for thick deposits of organic matter on the ground.
   The ground may bounce slightly underfoot. The lack of oxygen in saturated soil will slow down the decomposition of leaf and woody material, which allows it to accumulate.

4. Look at the terrain or difference in elevation/topography.
   Trees may be growing on small elevated mounds with mosses and ferns in surrounding depressions. There may be a low lying area located directly adjacent to flowing water or there may be a water line or debris on the trees, rocks or other obstructions.

RSA 482-A is commonly referred to as the dredge and fill law, since these are the regulated activities. Fill is defined as material that has been deposited or caused to be deposited by human activity. Some examples of fill would be:

1. Material, such as gravel, placed in a wetland or stream for a skid trail or truck road.
2. Tree limbs (corduroy) placed in intermittent stream or drainage swale for skid trail.
3. Logs or rock (pole/stone ford) placed in stream bed for skid trail.
4. Logs or rock placed in stream bank for a bridge abutment.
5. Stockpiling of tree butts, slash, and debris in a wetland, bank, or waterbody.

Dredge is defined as to dig, excavate or otherwise disturb the soil in a wetland, bank or surface waterbody. Some examples of dredge would be:

1. Excavating a bank to install a bridge abutment.
2. Digging in a stream or wetland to install a culvert.
3. Machinery ruts in a wetland, bank or waterbody.