From PoughkeepsieJournal.com
By John Davis
02/12/2009

"Hyde Park is drafting law to require wetlands buffers"

HYDE PARK – To prevent flooding and better protect its water supply and wildlife, the town is drafting a water resource protection law.

The law would establish 100-foot buffer zones along ponds, streams and wetlands where development would be restricted.

Hyde Park is joining the growing number of towns in Dutchess County that have passed, or are working on, laws protecting wetlands.

"They are not just a breeding ground for mosquitoes," said Mike Rubbo, a member of the Hyde Park Conservation Advisory Council. "They do a lot of good things."

The council, which monitors environmental concerns for the town, is recommending regulations to better protect the various bodies of water in Hyde Park. These include streams, woodland pools, forested swamps and wetlands.

Rubbo said protecting the wetlands from development is important because the water bodies provide three major functions: recharge ground water, contain wildlife habitats and retain floodwaters.

Rubbo, who has a doctorate degree in ecology, estimates the wetlands throughout Hyde Park provide about $40 million in protection from flood damage to homes and properties.

The proposed 100-foot buffer zones, he said, would act like a layer of skin does to the human body.

"The are the first line of defense," Rubbo said.

Because the federal and state laws do not require buffer zones on wetlands smaller than 12.4 acres, it is up to individual towns to adopt their own laws. More than half a dozen towns in the county have done just that.

"Wetlands are being degraded because of no buffer," Rubbo said.

The Hyde Park town board members support the recommendation of the advisory council to enact a water resource protection law. Supervisor Pompey Delafield said a committee should immediately be formed to draft a final version of the law.

Rubbo said, while the law should have teeth, it should also be flexible. Town residents should be able to apply for permits to build within the 100-foot buffers.

Some engineers who represent developers in Hyde Park, though, say the permitting process in other towns carries a price tag for the landowners.

Engineer Joseph Berger said he was recently hired by a homeowner in Amenia who was required to apply for a permit to put in a driveway because it will cross over a ditch.

Councilman Robert Linville said the committee drafting the final law should include a developer or engineer, as well as representatives of the planning and town boards and the council.

"I'm just looking to make sure we have a good representation of views," Linville said.

The supervisor supports hiring and paying GreenPlan Inc. of Rhinebeck up to $11,000 to assist in conducting the environmental studies needed to enact a water resource protection law.