5.8 WILDLIFE HABITAT EVALUATIONS
An evaluation of whether a proposed project will have an adverse effect on wildlife habitat beyond permissible thresholds shall be performed by an individual with at least a masters degree in wildlife biology or ecological science from an accredited college or university, or other competent professional with at least two years experience in wildlife habitat evaluation.
5.8.1 Wildlife Habitat Characteristics of Inland Resource Areas
1 Banks. The topography, soil structure, and plant community composition and structure of banks can provide the following important wildlife habitat functions:
a. Food, shelter and migratory and breeding areas for wildlife
b. Overwintering areas for mammals and reptiles.
2 Land Under Water Bodies or Waterways. The plant community and soil composition and structure, hydrologic regime, topography and water quality of land under water bodies or waterways can provide the following important wildlife habitat functions:
a. Food, shelter and breeding areas for wildlife;
b. Overwintering areas for mammals, reptiles and amphibians.
3 Vernal Pool Habitat. The topography, soil structure, plant community composition and structure, and hydrologic regime of vernal pool habitat can provide the following important wildlife habitat functions:
a. Food, shelter, migratory and breeding areas, and overwintering areas for amphibians;
b. Food for other wildlife.
4 Lower Floodplains. The hydrologic regime, plant community and soil composition and structure, topography, and proximity to water bodies and waterways of lower floodplains can provide the following important wildlife habitat functions:
a. Food, shelter, migratory and overwintering areas for wildlife;
b. Breeding areas for birds, mammals and reptiles.
5 Riverfront Area. The topography, soil structure, plant community composition and structure, and hydrologic regime can provide the following important wildlife habitat functions:
a. Food, shelter, overwintering and breeding areas for wildlife, including turtle nesting areas, nesting sites for birds which typically reuse specific nesting sites, cavity trees, and isolated depressions that function as vernal pools;
b. Migratory areas along the riparian corridor including the movement of wildlife unimpeded by barriers within the riverfront area.
The Commission shall give special attention to inclusion of those topographical and ecological features that it deems important for maintaining the wildlife habitat value of the resource. The potential presence of rare or endangered species and their specific sensitivity to adjacent upland resource activity shall be considered in determining adjacent upland resource restrictions. Evidence of the presence of such species or evidence of likely habitat shall be considered by the Conservation Commission. Prior designation of rare or endangered species habitat by the Division of Fisheries and Wildlife Natural Heritage Program is not necessary. The Commission may consult with the Division of Fisheries and Wildlife Natural Heritage Program or other authorities as it deems necessary for guidance and
recommendations.
Wildlife studies have shown that direct impacts from work - filling, grading, vegetation removal, construction of barriers to movement, etc. - in resource areas can severely harm wildlife populations. For example, low stone walls bisecting a resource area can prevent amphibians that live in upland areas from reaching breeding pools, marshes, and streams. Or, removal of large snags (dead trees) can virtually eliminate nesting by barred owls, pileated woodpeckers, mink, etc. Accordingly, the Commission shall prohibit the placement of fences or other barriers to wildlife movement within and between resource areas and the destruction of specific habitat features.
Examples of protected habitat features include (but are not limited to):
Ø Large cavity trees
Ø Turtle nesting areas
Ø Existing nest trees for birds that reuse nests
Ø Beaver dams, dens, and lodges
Ø Mink or otter dens
Ø Vernal pools
Ø Vertical sandy banks
Ø Migration corridors that provide connectivity between wildlife habitats (i.e. continuous vegetated pathways).
Ø Sphagnum hummocks and pools suitable to serve as nesting habitat for salamanders
Indirect impacts - the effects of human activities near wildlife habitat – can have equally harmful effects. Therefore the Commission shall take into account indirect effects on a project by project basis. So, for example, no work within resource areas shall be permitted within 100 feet of existing beaver, mink or otter dens, or within 200 feet of existing osprey or great blue heron nests.
The Commission will evaluate the likely cumulative impact of work within resource areas. For wildlife habitat purposes a significant cumulative adverse impact is defined as an impact that would under reasonable assumptions result in a measurable decrease in the extant wildlife populations or biological
structure, composition, or richness on the site or in the vicinity taking into account the projected impacts of future projects that could be proposed in the vicinity with similar, comparable, or other significant impacts and disturbance.
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