C. Guidelines for work in the buffer zone
(1) Buffer strip: Where work results in eroded or bare ground, the area must be revegetated as soon as practicable or mulched immediately. Where there is new construction or reconstruction, a buffer strip will be required landward of the resource area. It shall consist of natural indigenous vegetation and shall be a minimum of twenty-five feet (25’) in width depending on factors below. The Commission may also require that a buffer strip be created where none presently exists to mitigate past buffer alterations. No work will be permitted in the buffer strip except limited vegetation removal or reduction and work necessary to maintain the buffer strip as described under Elements of buffer strip.
(2) Between twenty-five (25) and fifty (50) feet landward of the resource area, only activities that protect or enhance the wetland interests and values protected under the Act and the Orleans Bylaw will be permitted. It is the Commission’s intent to maintain a fifty (50) foot buffer strip. In determining the feasibility of such a width, the Commission may consider the prior use of the specific area as well as other factors such as the topography, size and configuration of the lot and the impact of a setback of the applicant’s ability to obtain substantially the view sought or the desired location of the proposed structure. For new construction, in no instance should the “limit of work” area extend into the fifty (50) foot area. Notwithstanding the previous statements, landscaping which includes selective vegetation removal and replacement, and selective pruning, and vista cutting, may be permitted at the discretion of the Commission upon clear and convincing evidence that the wetland values noted above will be protected.
(3) Between fifty (50) and one hundred (100) feet landward of the resource area, alterations, including construction, will only be permitted where such work can be conditioned by the Commission to fully satisfy the required standards of protection to the wetlands interests identified in the Act and the Orleans Bylaw.
(4) When considering guidelines for work in the buffer zone, the site specificity and precedence provision enumerated in § 196A-3(K) of these Regulations should be noted.
(5) Installation of underground utilities (gas mains, water mains, power lines, etc.) within the buffer zone are to be considered as new construction and must be conditioned as such. Any installation within the 50 foot buffer strip of a resource area will require a variance from the regulations.
(6) When situating a new building or an addition within the 50-100 foot buffer zone, where feasible the structure should be set back at least 75 feet from the resource area to allow for passage between the building and the 50-foot buffer and to avoid the intrusion of lawn in the 50-foot buffer.
