Vernal Pool Identification and Protection Current and Future Permitting Implications

摘要

Development plans in and around vernal pools are receiving increased scrutiny in the regulatoryarena, especially in New England. Vernal pools provide essential ephemeral breeding habitat inthe life cycles of many species of amphibians, reptiles and invertebrates (a number of which arestate-listed rare species). The electric power industry nationwide should be aware of the potentialfuture permitting implications and "standards of care" that may be required to receive authoriza-tion for projects sited near or affecting vernal pools. In states such as Massachusetts, vernal poolsare regulated through the Wetlands Protection Act, Surface Water Quality Standards, and RiversProtection Act, among others. The terrestrial non-breeding habitat surrounding the pools is alsoregulated through the Massachusetts Endangered Species Act and local wetland bylaws admin-istered by municipal conservation commissions. Emerging vernal pool regulation at the federallevel is noted in New England, where vernal pools are categorized as "special inland waters andwetlands." The paper is divided into five sections. The first discusses the ecology of vernal poolsand some of the life histories of species using them. The second summarizes implementing laws,rules and regulations in place in various New England states and at the New England Corps ofEngineers. The third section presents three of National Grid's recent siting studies (two substa-tions and one sub-transmission line) affected by the nearby presence of vernal pools. The fourthsection briefly summarizes field survey techniques to identify vernal pool habitat. Lastly, the au-thors suggest procedures to successfully recognize and protect these resources while siting andpermitting new or expanded facllities.