By TIM FAULKNER/ecoRI News staff
PROVIDENCE — A new statewide standard for building near wetlands
has support from the construction industry and from environmentalists. But if
approved, the zoning change would allow construction closer to wetlands in six
Rhode Island communities and shift much of the jurisdiction over granting
exemptions to the state.
The proposed distance for building near wetlands, known as a
setback, is 100 feet from lakes and ponds and 200 feet from rivers, streams and
reservoirs. A 50-foot no-build zone is currently the default state benchmark,
but 24 communities have different buffer standards. Barrington, Burrillville,
Charlestown, Middletown, North Smithfield and Tiverton have setbacks of up to
200 feet for some of their wetlands.
Supporters of the new standards and
the legislation to make it state law, say the tradeoffs are worth the end
result. The construction industry likes having universal setback standards and
one place, the Department of Environmental Management (DEM), to file paperwork
and seek exemptions.
Environmentalists and municipal planners like that new water
sources, such as streams, vernal pools and areas near floodplains, would be
added to the list of designated wetlands. Cities and towns could also expand
setbacks from the 100-foot buffer designation at specific sites per DEM
approval.
“It increases protection and eliminates a municipal level of the
permitting process,” Janet Coit, DEM director, said during a March 25 Senate
Committee on the Environment and Agriculture hearing.
The legislation comes after five years of failed efforts by the
Rhode Island Builders Association (RIBA) to establish universal setback
standards and speed up permitting. Environmentalists and some municipal
planners opposed the changes, fearing they would lead to the loss of open
space, threaten water quality and damage vital ecosystems.
However, with the support of builders and planners, but opposed by
environmental groups, the “dry-lands bill”passed in 2013, creating a study commission to develop
changes to the standards. A yearlong series of negotiations between
representatives from the construction industry, biologists, civil engineers,
state environmental agencies and municipalities led to several reports and
culminated with the proposed changes to buffers.
Tom Kutcher of Save The Bay served as a wetlands scientist on the
task force. He said the gold standard for wetlands buffers is about 500 feet,
but noted that they vary based on location. The task force issued a report on the importance of wetland buffers for pollution
filtration, flood control and habitat protection.
Kutcher testified that the proposed legislation improves
protection over the status quo.
“What’s in the bill falls short of full wetlands protection. It
falls short of what the science says what should protect wetlands,” he said.
“But we recognize that there is a compromise between entire wetlands protection
and having something we could come to a consensus on.”
Paul Roselli, of the Burrillville Land Trust, the state Land Trust
Alliance and the Blackstone River Watershed Council, praised the new setback
rules for its reliance on science. “Because of that one word, that made all the
difference in getting this bill done,” he said.
Roselli, however, wants all of the new buffer zone expanded to 200
feet, as well as more community involvement in determining wetland locations
and granting exemptions.
Other changes are expected to the bill, such as input from water
supply boards, a group that felt it was excluded from the legislative process.
Coit also said DEM would need funding for five full-time employees to meet the
added workload.
During the recent Senate hearing, construction advocates said
several times that “outliers” such as communities and conservation groups have
prevented building permits with arbitrary rules and a general resistance to
development.
“This type of scenario has contributed to the lost decade ... that
has plagued our economy for years, if not decades,” said Timothy Stasiunas of
RIBA.
Stasiunas said it currently takes five years to get a subdivision
built in Rhode Island. The new standards would allow the construction industry
to lead the state out of recession, he said.
Builder and RIBA representative Robert Baldwin said regulatory
approval can sometimes take twice as long as it does to build a new house.
“Regretfully, in certain areas, there are outliers that have
utilized certain setbacks and buffers at will. The outliers have literally
taken certain parts of them and made them unbuildable completely.”
Business advocate Gary Ezofski was one of the key drivers behind
the task force and the creation of a universal buffer. He said the existing
200-foot setbacks are typically challenged by builders and construction permits
are eventually granted by municipal boards.
“They never hold. Variances are given. And all that happens is
that we increase the timeline to get to a permit. And that’s not what it should
be,” he said.
Eugenia Marks of the Audubon Society of Rhode Island offered tepid
backing for the legislation.
“This is a compromise bill. It doesn’t fully
protect, but it’s a compromise and Audubon supports it,” she said.
The bill was held for further study. A House version of the bill
is expected to have a hearing.
