Town of Wilton, NH

Zoning Ordinance (2020)

14.0 Watershed District

14.1 Purpose.

The purpose of the Watershed District is to preserve the quality of the water and to protect the health and welfare of the residents of the Town of Wilton by minimizing sources of pollution through regulation and restriction of population density and activity, and by keeping organic and inorganic wastes to a minimum.

14.2 District Boundary.

Watershed District shall mean the land and water areas which by seepage or flow introduce water into the old and new reservoirs of the Town. Generally, this includes, but is not restricted to, the watersheds of Mill Brook and Stockwell Brook above the reservoirs. The area shall be defined by the U.S. Soil Conservation Service of the Department of Agriculture and will be shown on the amended zoning map filed with the Town Clerk.

14.3 Lot Requirements.

14.3.1 Area.

Minimum lot size six (6) acres per dwelling unit excluding wetlands, water bodies, land within the 100 year floodplain and land within the deeded flowage rights to the State of New Hampshire Flood Control System. (Amended March 1992, March 2020.) Alternative lot requirements.

Alternative lots (See Section 6.3) shall have a minimum area of ten (10) acres per dwelling unit and meet the established six (6) acre requirement of this section. (Amended March 1992.)

14.3.2 Frontage.

A minimum of three hundred (300) feet on a Class V or better road. (Amended March 1992.)

14.3.3 Setbacks.

No residence, building, structure, feed lot, outflow from building drainage, septic system or its containment area shall be located less than two hundred (200) feet from open water and perennial streams nor less than one hundred-fifty (150) feet from intermittent streams, the 100 year floodplain, the deeded flowage rights to the State of New Hampshire Flood Control System, or any wetland or water body. (Amended March 1992, March 2003, March 2020.)

14.3.4 Erosion and Sediment Control.

Any disturbance of slopes of fifteen (15) percent or more shall require an erosion and sediment control plan approved by the Planning Board.

14.3.5 Permitted changes within the setback area.

(Adopted March, 2007)

  1. The setback area defined in section 14.3.3 shall be left in its natural state and where existing, a natural woodland buffer shall be maintained.
  2. Where existing, a natural woodland buffer must be maintained. Tree cutting shall be limited to not more than fifty (50) percent of the basal area of trees, and not more than fifty (50) percent of the total number of saplings, in a twenty (20) year period. A healthy, well-distributed stand of trees, saplings, shrubs, and ground cover shall be maintained. Stumps and their root systems must remain intact in the ground. Dead, diseased, fallen or dangerous trees, saplings, limbs, shrubs, and ground cover may be removed following applicable Best Management Practices (BMPS).

    One (1) driveway access may be permitted within the setback area, provided the driveway construction plan and erosion control plan are approved by the Planning Board in accordance with applicable zoning and regulations. As approved, necessary alteration of terrain, removal of rocks, stumps and roots are permitted exclusively for driveway construction and associated stormwater management and erosion control. Any activity or construction within the setback is subject to inspection as a condition of approval; solely to insure compliance with any approval or permit.

14.4 Prohibited Uses.

The following uses are prohibited within the Watershed District. (Amended March, 1991.)

  1. The use of any hazardous or toxic materials or liquids within the above stated set back areas.
  2. No pasturing of livestock or fowl will be permitted within one hundred (100) feet of open flowing water. It will be the responsibility of the land owner to protect the water by installing adequate and proper fencing.
  3. No land shall be filled, excavated or graded and no land shall be used in such a way that would cause substantial or avoidable erosion or alter existing patterns of natural water flow in the Watershed District, except for those uses incidental to permitted residential and agricultural construction.
  4. All uses other than residential or agricultural.

14.5 Cluster Development.

Cluster developments shall be permitted within the Watershed District in accordance with the Cluster Development Regulation and provided such proposed Cluster Development shall conform to all set-back requirements specified in this section.

14.6 Previous Regulations.

This District will incorporate the regulation to protect the purity of the water of Mill Brook Wilton, under the provision of Chapter 57, Laws of 1899, entitled "An act for the better protection of public water supplies" as adopted at special Town Meeting on December 4, 1904.

14.7 Special Exceptions. (Adopted March, 2001.)

The following uses will only be allowed as special exceptions by the Zoning Board of Adjustment (ZBA) and by site plan review and approval by the Planning Board. (See also Section 4.4).

14.7.1 Commercial and Industrial Uses.

The ZBA may, in appropriate cases subject to appropriate conditions, permit commercial or industrial uses in the District as a special exception, provided it is permitted in the underlying zoning district and complies with the requirements of Section 14.1 Purpose, Section 14.3 Lot Requirements and Section 4.6 Performance Standards.