Charlotte
residents have had a wonderful opportunity to learn about the nature of our
local streams and habitats through the monthly WatershED events organized by Joanna
Cummings. Lake Champlain is a priceless
resource for Charlotte, and we need to protect its waters as well as recognize
the challenges of doing so. I’ve
received several inquiries about the Shoreland Protection Bill, H.526, and its
implications for Charlotte, so I will explain why the bill is important and
what it does.
Lake
Champlain is, of course, the largest of Vermont’s lakes. However, there are hundreds of smaller lakes
and ponds in Vermont whose water quality is equally important. Many of these bodies feed streams and rivers
that empty into Lake Champlain, Lake Memphremagog, or the Connecticut
River. Vermont has fallen behind in
shoreland protection, not only in the northeastern states but in the nation as
well. Only 17% of Vermont shoreland is in good condition compared to 42%
regionally and 35% nationally. While New Hampshire, Maine, Massachusetts, Rhode
Island and Connecticut all have shoreland protection standards, Vermont does
not. Vermont did put shoreland standards in the statutes in 1971 but these were
repealed in 1976. Maine and New Hampshire borrowed our statute language to
create their own in 1971 and now boast lakes and ponds of significantly better
health than ours.
H.526 seeks
to provide standards for shoreland development to provide adequate vegetative
cover to filter out the effects of nutrients, phosphorus, sediment, organic
matter, pesticides and other pollutants.
Setbacks for buildings and impervious surfaces are an important part of
the equation. A 100’ vegetative buffer
absorbs 73% of run off; a lawn only 18%.
When a shoreline is cleared, it opens the floodgates to 18x more
sediment, 5x more runoff and 7x more phosphorus. Furthermore, overhanging branches help to keep
the water cool and prevent algae and plant growth that thrive in warm sunny
places. They provide critical habitat for aquatic life, an early signal of a
lake’s deterioration. A natural shoreline is necessary for species such as
loons, kingfishers and otters. The deep
and diverse roots of trees and shrubs also promote bank stability and flood
resilience by protecting banks from erosion.
Better lake quality also improves and maintains better property values.
To
accomplish these goals, H.526 does the following:
- Requires after January 1, 2015, a permit from the
Agency of Natural Resources (ANR) for the creation or expansion of more
than 500 square feet of impervious surface (buildings or clearings) within
250 feet of the mean water level of a lake that is greater than 10 acres
in surface area.
- Requires
ANR to adopt standards for the construction of impervious surface in a
protected shoreland area by January 1, 2015, with public participation by
affected stakeholders and other interested persons through hearings and
other forms of communication.
- Delegates
permitting authority to municipalities provided that the municipal
standards are at least as stringent as those adopted by ANR.
- Requires
municipalities without shoreland development standards to adopt standards
in conformance with ANR standards by January 1, 2015.
- Grandfathers shoreland development existing before January 1, 2015.
Exceptions
to shoreland development standards were allowed for certain emergency repairs
to adjacent roads or property and for areas of the state where mosquito
populations create a public health hazard provided that Vermont wetland rules
are followed. Charlotte already has a
100 foot setback requirement for shoreland development. Regulations regarding thinning and pruning
will need to be developed, but Charlotte will likely be a allowed to administer
its own regulations. ANR has provided an
excellent FAQ (frequently asked questions) document to which I have provided a
link at my website.
Much of the
quality issues surrounding Lake Champlain are due to the tremendous amounts of
nutrients flowing into the lake from rivers and streams. H.526 has been criticized for not addressing
those sources of pollution. As Representative
David Mears Dean* (Chair of the House Fish, Wildlife and Water Resources Committee)
stated, we have only a limited amount of time in the legislative session, and
this piece of the water quality issue was all the committee had time to work on
this year. The committee intends to work
on a corresponding rivers and streams bill in 2014.
I have heard from many of you on a variety of topics and continue to welcome your input. I will be at the Charlotte Library on Saturday, April 20, from 10 AM until noon if you would like to meet with me. You can email me at myantachka.dfa@gmail.com or call me at 425-3960.
* Note: I mistakenly used the name of the Commissioner of the Vermont Dept of Environmental Conservation in my article published in the April 18, 2013, issue of The Citizen.
