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This online version of the Zoning Ordinance has not been checked for accuracy. Neither the Town of Wilton nor the Zoning Board can be responsible for the consequences of any action taken on the basis of any errors in the online text. The official text of the Wilton Zoning Ordinance is available in printed form at the Wilton town offices, and as a PDF file on the Town of Wilton web site.

This is the 2000 version of the Zoning Ordinance, including all amendments up to and including those passed by Town Meeting in March, 2000, but not any amendments passed in 2001 or later.

11.0 Wetlands Conservation District

11.1 Purpose.
11.2 District Boundaries.
11.3 Permitted Uses.
11.4 Special Exceptions.

11.1 Purpose.

In the interest of public health, convenience, safety and welfare, the regulations of this District are intended to guide the use of areas of land with extended periods of high water tables.

a. To prevent the development of structures and land uses on naturally occurring wetlands which would contribute to pollution of surface and groundwater by sewage.

b. To prevent the destruction of natural wetlands which provide flood protection.

c. To prevent unnecessary or excessive expenses to the Town to provide and maintain essential services and utilities which arise because of inharmonious use of wetlands.

d. To encourage those uses that can be appropriately and safely located in wetland areas.

11.2 District Boundaries.

The Wetland Conservation District is hereby determined to be those areas delineated as poorly drained or very poorly drained soils identified by the U.S. Department of Agriculture, Soil Conservation Service, through field mapping surveys completed in 1985 and shown on its field mapping photographic sheets for the Town of Wilton, N.H. The Wetland Conservation District as herein defined is shown on a map or maps designated as the Town of Wilton Wetland Conservation District Map and shall be a supplement to the "Zoning Map" of the Town of Wilton, N.H.

In all cases where the Wetland Conservation District is superimposed over another zoning district in the Town of Wilton, the more restrictive regulations shall apply.

The soil types which the Soil Conservation Service has determined in its field mapping surveys to be poorly drained or very poorly drained is explained in the Hillsborough County Soil Handbook which is on file with the Planning Board and in the office of the Town Clerk, Wilton, N.H.

11.3 Permitted Uses.

Any use that does not result in the erection of any structure or alter the surface configuration by the addition of fill or by dredging and that is otherwise permitted by the zoning ordinance.

a. Forestry - tree farming;

b. agriculture;

c. wildlife refuge;

d. parks and such recreational uses as are consistent with the purpose and intentions of this section;

e. conservation areas and nature trails;

f. open spaces as permitted by subdivision regulations and other sections of this ordinance;

g. natural drainage-ways, i.e. streams, creeks or other paths of normal run-off water; and

h. water impoundments and wells for water supply.

11.4 Special Exceptions.

Special exceptions may be granted by the Zoning Board of Adjustment (ZBA) for the following uses within the Wetland Conservation District (see also Section 4.4):

a. Streets, roads and other access ways and utility right-of-way easements including power lines and pipe lines if essential to the productive use of land not so zoned and if so located and constructed as to minimize any detrimental impact of such uses upon the wetlands.

b. The undertaking of a use not otherwise permitted in the Wetland Conservation District, which may include the erection of a structure, dredging, filling, draining or otherwise altering the surface configuration of the land, if it can be shown that the proposed use will not conflict with the purpose and intent of this section and if the proposed use is otherwise permitted by the zoning ordinance. Proper evidence to this effect shall be submitted in writing to the Zoning Board of Appeals and shall be accompanied by the findings of a review by a soil scientist certified by the New Hampshire Board of Natural Scientists selected by the Planning Board and/or the Zoning Board of Adjustment. (Amended March 1999.)

c. In the event an area is incorrectly designated as being a poorly drained or very poorly drained soil on the Town of Wilton Wetland Conservation District Map and evidence to that effect is satisfactorily presented to the ZBA, the ZBA may determine that the restrictions contained in this section shall not apply. The evidence may be obtained either by a revision of the soil map by the Soil Conservation Service or by adequate on-site soils investigation and analysis conducted by a certified soil scientist. Once completed, the investigation and analysis will be reviewed by a wetland or soil scientist certified by the New Hampshire Board of Natural Scientists selected by the Planning Board and/or the Zoning Board of Adjustment. (Amended March 1999.)

d. In the event an area is incorrectly designated as other than poorly drained or very poorly drained soils on the Town of Wilton Wetland Conservation District Map but is in fact poorly drained or very poorly drained and evidence to that effect is satisfactorily presented to the ZBA, the ZBA shall determine that the restrictions in this section shall apply. The evidence shall be subject to the same procedure as outlined in paragraph c of this section.

e. Any exception granted by the ZBA must be preceded by a public hearing thirty (30) days before approval may be given. Abutters to affected property must be notified then (10) days in advance of the public hearing.