Overview of protected area - shorebirds, waterfowl and wading birds, and vernal pools
"Significant wildlife habitat" is a type of protected natural resource under the Natural Resources Protection Act (NRPA). Some of the significant wildlife habitats are shorebird nesting, feeding, and staging areas; high or moderate value waterfowl and wading bird habitats (both tidal and inland); and significant vernal pools.
This is not a legal reference. Please see text of Chapter 290.
I. SHOREBIRDS
- Staging areas are habitats that birds use to feed and rest during migration
- Commonly used short-hand
- A feeding area is a shorebird feeding or staging area that is NOT a roosting area.
- A roosting area is a shorebird feeding or staging area that is ALSO a roosting area.
A. Feeding areas. The protected feeding area includes the intertidal area (coastal wetland) used for feeding and a 100-foot buffer area.
- Buffer width: 100 feet from edge of feeding area (the edge of the coastal wetlands).
- Cutting in the buffer: No cutting or removal of vegetation except as described below.
• Cutting/removal meets the same vegetative screening standards that apply under shoreland zoning within 75 feet of a coastal wetland (as detailed in DEP's shoreland zoning guidelines, ch. 1000). These standards are applied to the entire 100-foot feeding area buffer.
Note: the DEP will be proposing a permit by rule (by rulemaking) for the type of cutting in the bullet above. Until such rules are in effect, this cutting requires an individual permit.
• Cutting/removal is determined necessary by the department in order to conduct other activities approved by the department, and is done in accordance with NRPA standards such as avoidance, minimization, and no unreasonable impact.
B. Roosting areas. The protected roosting area includes the intertidal area (the edge of the coastal wetlands) used for feeding, the roosting area, and a 250-foot buffer area.
- Buffer width: 250 feet from edge of roosting area.
- Cutting in the buffer: No cutting or removal of vegetation except as described below. All cutting/removal must be done in consultation with IF&W.
• Remove a safety hazard.
• Allow a footpath no more than 6 feet wide that does not create a cleared line of sight to the water.
Note: The DEP will be proposing a permit by rule (by rulemaking) for the types of cutting in the two bullets above. Until such rules are in effect, this cutting requires an individual permit.
• Cutting/removal is determined necessary by the department in order to conduct other activities approved by the department, and is done in accordance with NRPA standards such as avoidance, minimization, and no unreasonable impact. The department may not approve cutting to create a view unless there will be no unreasonable impact on the habitat.
II. TIDAL - HIGH OR MODERATE VALUE WATERFOWL AND WADING BIRD HABITAT
• The protected tidal wading bird and waterfowl habitat is contained within the coastal wetland.
• No buffer is required, but an activity within 75 feet of a coastal wetland requires approval.
III. INLAND - HIGH OR MODERATE VALUE WATERFOWL AND WADING BIRD HABITAT
• Includes an inland wetland complex and a 250-foot zone surrounding the wetland complex, but excludes upland area adjacent to a great pond that is not within 250 feet of the wetland complex.
Kickout for shorebird and inland habitats (based on existing development or topography)
• Kickout provision allows IF&W to determine that a portion of an area that otherwise conforms to criteria for these habitats is no longer part of a habitat due to the impact of development or topography in existence on 6/8/2006 and continuing in existence on the date of the determination.
IV. Significant vernal pools
• The protected area is the vernal pool depression and the area within a 250-foot radius of the depression.
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The buffer is specified in statute and is part of the significant wildlife habitat.
"Coastal wetlands" means all tidal and subtidal lands; all areas with vegetation present that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous lowland that is subject to tidal action during the highest tide level for the year in which an activity is proposed as identified in tide tables published by the National Ocean Service. Coastal wetlands may include portions of coastal sand dunes.
