Conservation Commission Regular Meeting Materials (linked)
agenda center agenda
| Board/Commission | Conservation Commission |
|---|---|
| Meeting Date | July 14, 2022 |
| Pages | 16 |
| File Size | 1.3 MB |
| OCR Status | Searchable (OCR processed) |
| Source URL | Original |
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The Habitat
A newsletter of the Connecticut Association of
Conservation & Inland Wetlands Commissions, Inc.
Winter 2022
volume 34 number 1
CACIWC
Join CACIWIC in Celebrating the 50" Anniversary
of Connecticut’s Inland Wetlands Act!
his is a special year for CACIWC and its
members as 2022 marks the 50 Anniver-
sary of the Connecticut Inland Wetlands
and Watercourses Act (IWWA), This key enabling
legislation, which was approved by the Connecticut
General Assembly (CGA) during May 1972, led to
the formation of local inland wetlands commissions
throughout Connecticut.
CACIWC has been planning for the 50th Anniversary
of the CGA passage of Connecticut’s [WWA since we
celebrated our 40% Annual Meeting in 2017. As we
mentioned in the fall issue of The Habitat and at our
2021 annual meeting, we are dedicating our fall 2022
45% Annual Meeting and Environmental Conference
to the CT IWWA anniversary. CACIWC 1s also work-
ing with other Connecticut conservation organiza-
tions who value wetlands and watercourses to help
celebrate the anniversary throughout the year.
As part of the anniversary celebration, CACIWC will
be including articles in The Habitat on the history of
the [WWA along with stories on commission activi-
ties throughout the past five decades. Please contact
us at TheHabitat@caciwc.org if you wish to include
stories and photos of early years of wetlands protec-
tion by your town commissions. :
You may also submit these photos and stories as part
of our special IWWA photo contest and commis-
sion awards to be given as part of our year-long cel-
ebration. All CACIWC members are eligible to enter.
Please see the link to our nomination form on our
website, al www.caciwe.org. ¢
CACIWC’s 44th Annual Meeting and Environmental Conference
Held on November 6, 2021
appreciation to the many members and guests
who were able to participate our 44" Annual
Meeting and Environmental Conference, This con-
ference, held on Saturday, November 6, 2021, was
our third virtual conference, established to protect
our member commissioners, staff, and other attendees
from the COVID-19 pandemic. While the CACIWC
Board of Directors and its Annual Meeting Commit-
tee were again hoping to schedule an in-person event,
the decision to go with a virtual event was widely
supported. The conference theme, “Maintaining Con-
servation & Preserving Habitats Efforts During the
ongoing COVID-19 Pandemic,” focused discussions
on encouraging our members to continue their efforts
during these challenging times.
T= CACIWC Board of Directors extends their
Before introducing
our Keynote Speaker,
CACIWC President
Alan Siniscalehi
thanked our sponsors
and all who contrib-
uted to organizing
the conference and
proceeded through the
agenda of our brief
annual business meet-
ing. During this meet-
ing the nominated
CACIWC Board of
Directors were elected
fo a two-year term.
David R. Vallee, Hydrologist-in-
Charge, NOAA/NWS/Northeast River
Forecast Center
amntal meeting, continued on page 5
CACIWC News
s we complete this issue of Te Habitat, we ap-
proach the second anniversary since the COVID-19
pandemic began to change our lives and challenge
commission members and staff in their ability to conduct
their important work. The current Omicron variant surge
followed the Delta variant wave, increasing community
spread, and resulting in very high case positivity and daily
hospitalization counts. While this activity has decreased
since its peak in early January, Connecticut's mortality data
exceeded the somber milestone of 10,000 COVID associat-
ed deaths, reminding us of its severe impact as we enter the
third year of this ongoing pandemic.
The adverse effects of the pandemic transcend even the seri-
ous public and mental health impact on our state and nation.
An unfortunate collateral effect that is being increasingly
observed is a growing mistrust of government and a rejec-
tion of science. While this trend has had obvious impact in
my work in public health, its long-term consequences may
impact not only regional and national efforts to reduce the
rate of global climate change and our resiliency to climate
change, but also it may impact our ability to use scientific
data to support conservation of loca! habitats and species.
One anniversary that we will happily celebrate this year is
the 50th Anniversary of the Connecticut Inland Wetlands
and Watercourses Act (IWWA), which was approved by the
Connecticut General Assembly in May 1972. As the prima-
ry organization dedicated to the support of inland wetlands
agencies, CACIWC has been planning for the 50th Anni-
versary of the CGA passage of Connecticut's IWWA since
we celebrated our 40th Annual Meeting in 2017. We plan -
a series of article in Te Habitat, a photo contest, special
awards, and will dedicate our upcoming 45th Annual Meet-
ing and Environmental Conference to this anniversary.
CACTWC is also working with other Connecticut conser-
vation organizations who value wetlands and watercourses
to celebrate the anniversary. We are requesting stories and
photos of the early years of wetlands protection by both
CACIWC news, continued on page 8
In This Issue Pace
CACIWC News 2
Journey to the Legal Horizon 3
CT Herpetology Retrospective 4
DEEP Training 16
The Habitat | Winter 2022
by Attorney Janet Brooks
Journey to the Legal Horizon
Issuing Orders to Correct When You Don’t
Know What The Solution Should Be
meeting because I believed that wetlands agencies
were more likely to issue orders for situations
where the solution is clearcut: remove the piece of
equipment left in the wetlands, stop digging in the
wetlands and piling the spoils in the wetlands, etc.
But what if the situation is that the streambank has
become steeply eroded through some activity where
the landowner failed to get a permit and your com-
mission doesn’t know what to order the landowner
to do? Or, animal or plant habitat has been disturbed
and your commission doesn’t know what the safest
way to order restoration is without further damaging
the habitat. I’m going to rely on my experience rep-
resenting DEEP for almost 2 decades in enforcement
matters and adapt a page from the DEEP playbook on
pollution abatement orders and I’m going to tweak it
so that agencies can get the financial support needed
to undertake successful enforcement.
[one this topic at the 2021 CACIWC annual
The conceptual approach is: (1) payment of a fee to
the agency to allow the agency to evaluate the order-
ee’s compliance with the order; (2) requirement that
the orderee retain the appropriate professional(s) to
undertake what is necessary to stabilize, correct or
restore the resource; (3) requirement that the orderee
submit a report for the wetlands agency’s approval,
(a) evaluating the degree and extent of pollution,
contamination, alteration, destruction (or whatever
the impact has been) of the resource and (b) with
proposed alternatives to correct and/or restore the
resource with reasons for seeking approval of one
alternative (c) to be accomplished within a proposed
schedule; (4) upon a decision by the agency, with ap-
propriate input from the retained consultants, imple-
mentation of the required actions within the specified
timeframe. Note: at the end of the order process, the
orderee is mot going to file a permit application. A
permit is appropriate when a person wishes permis-
sion to conduct a regulated activity which s/he can
subsequently decide not to do. An order is the vehicle
to use when the agency requires actions to occur.
As an individual wetlands agency member, you don’t
know or have to know what the required outcome
will be when you issue the order. The order provides
the agency with the process and the tools to gain the
knowledge of what the agency will require
Are you surprised to start by seeking a fee from the
orderee? The legislature has clearly authorized this:
“The inland wetlands agency may require a filing
fee to be deposited with the agency. The amount of
such fee shall be sufficient to cover the reasonable
cost of reviewing and acting on applications and
petitions, including but not limited to, the costs of .
.. monitoring compliance with ... agency orders.”
General Statutes § 224-42a (e). You are accustomed
to requiring fees for permit applications. You should
legal, continued on page 9
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Connecticut Herpetology: A 50-Year Retrospective
by Michael W. Klemens, PhD, Research Associate in Herpetology, American Museum of Natural History
n Nov. 4, 2021, after a delay caused by the
Oe» pandemic, DEEP published the
long-awaited update of my 1993 book, Am-
phibians and Reptiles of Connecticut and Adjacent
Regions.' This new, multi-authored book, entitled Con-
servation of Amphibians and Reptiles in Connecticut,’
is available from the DEEP online bookstore. All pro-
ceeds from book sales will be restricted by CT DEEP
to amphibian and reptile conservation in Connecticut.
This is the first of a series of invited articles by
The Habitat, addressing conservation challenges
facing amphibians and reptiles and the instrumental
role CACIWC members can play in meeting those
challenges. I began studying amphibians and reptiles in
the early 1970s. Thus, the timeline of my work spans
50 years, and is conterminous with the inception of
local inland wetlands regulation in Connecticut. In a
similar mamner that many of you will take stock of.
what has been accomplished over the last half century
of wetland regulation, we, too, examined the successes,
failures and lessons leamed conserving amphibians
and reptiles.
Since the publication of my first book in 1993, we
recognized that there are now many more urgent
challenges to confront. Certain issues that we were
not even aware of, such as climate change and dis-
ease, have dramatically altered our perspective of the
future. Invasive plants have become a much greater
factor in conservation of wetlands, uplands and the
species that inhabit them. In 1993, the science of
conservation biology was very much in its infancy,
reflected in the 1993 book, where scant discussion .
was provided on this topic. Table 1 (below) in our
new book contrasts and summarizes these challenges.
As the book was delayed in publication, the compari-
sons and many other metrics were calculated through
2020, the intended date of publication.
herpetology, continued on page 12
TABLE 1, Evaluating conservation challenges in Connecticut 1993 vs. 2020
Years 1993 2020
Ecological
Habitat Loss and Fragmentation Increasing Increasing
Mortality/Collection Increasing Increasing
Invasive Plants Emerging* Increasing
Subsidized Wildlife Species (Native and Non-Native) Emerging* Increasing
Disease Emerging* Increasing
Climate Change Emerging* increasing
Science/Data
Natural Diversity Data Base (NDDB) used in Lieu of Site-Specific Data Emerging increasing
Integration of Scientific Data in the Decision - making Process Emerging Improving
Inconsistent Standards for Collecting Biological Data Absent Improving
Lack of Natural History Information for Many Species Minimal Improving
Policy
Consistency Environmental Reviews
DEP/DEEP Natural Resources Staffing
Perceived Conflict Between Economic Viability and the Environment
DEP/DEEP Natural Resources Intra-agency Coordination**
Lack of Conservation Protection in Perpetuity for State Owned Lands
Inconsistent inconsistent
Emerging Increasing
Adequate inadequate
Inconsistent Decreasing
inadequate Improving
* Awareness of these factors was in its infancy.
**combining the Department of Environmental Protection (CTDEP}) with various components of State agencies dealing
with energy on July 1 2014 has diluted the focus on natural resources within the newly-created agency (CTDEEP).
The Habitat | Winter 2022
annual meeting, continued from page |
Keynote Speaker
CACIWC was pleased to welcome David R. Vallee
of the National Oceanic and Atmospheric Adminis-
tration (NOAA) National Weather Service (NWS)
Northeast River Forecast Center to serve as our 2021
Annual Conference keynote speaker.
During his keynote address, entitled “Torrential
Rains from Slow Moving Tropical Systems; Is This
The New Normal?,” David described how New En-
gland has been experiencing an increasing trend in
annual average temperature and annual average pre-
cipitation over the past several decades. During this
same period, the region has experienced an increasing
number of moderate to major flood episodes. The
common threads in each episode were the ability of
each storm system to move slowly and tap into a deep
tropical moisture source which resulted in very heavy
if not record rainfall amounts. David’s presentation
reviewed these current trends and examined recent
storms such as Florence, Henri, and Ida as examples
of our increasing vulnerability to such high impact
events. The presentation ended with a brief look at
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Workshops
Following the keynote presentation, our 2021 annual
conference proceeded to our three virtual workshops
designed for both new and experienced conservation
and inland wetlands commissions and their staff.
Our first workshop, entitled “Municipal Activities
to Promote Waste Reduction and Recycling,”
was organized by Kim O’Rourke, Middletewn
Recycling Coordinator to explore municipal
responses to the upcoming waste disposal crisis
that will result from the 2022 scheduled closure
of Connecticut’s largest waste-to-energy facility.
In her portion of the workshop, Kim described the
Connecticut Coalition of Sustainable Materials
Management organized by Connecticut Department
of Energy and Environmental Protection (DEEP)
in partnership with municipalities to discuss ways
to reduce the waste generated, recycle more, divert
materials from traditional facilities and advance
annual meeting, continued on page 6
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programs and policies to implement these actions.
Kim reviewed options highlighted by the coalition
to help tackle of waste disposal problems, such
coalition food scrap collections, and programs
to promote extended producer responsibility and
described local initiatives in her presentation on
‘Whats Happening with Trash in Connecticut &
Middletown's Feed the Earth Program.”
Additional examples of innovative projects and
programs developed to address Connecticut’s waste
crisis, included Howard Weissberg, PE, Director
of Public Works, City of Meriden who reviewed
“Meriden’s Solid Waste Co-Collection Waste Re-
duction Pilot Program, ” and Doug Colter, C.R.M.,
Grants Administrator, Project Manager, and
Flood Plain Manager for the City of West Haven
who discussed “Adding Food Waste to Municipal
Composting Operations & School Food Waste Edu-
cation.” Jennifer Heaton-Jones, Executive Direc-
tor, Housatonic Resources Authority also outlined
“How Municipalities Can Share Responsibility of
Materials Management Through Extended Producer
Responsibility (EPR).”
Our second workshop, entitled “Wetlands Law: Prob-
lem Solving 2.0 - Second Edition” was presented by
Janet Brooks, Attorney at Law, LLC with Darcy
Winther, Connecticut Department of Energy and
Environmental Protection (DEEP). This innova-
tive workshop continued efforts to provide updates
and review application of wetlands law. During their
90-minute session they deconstructed and analyzed
together complicated problems dealing with (1) an en-
forcement matter that requires remediation, the scope
of which is unknown at the time the order is issued
and (2) a plan to remove invasive plants: is it permit-
ted as of right or a nonregulated activity (and what’s
the difference) or does it need a permit? Between the
problem-solving sessions, attendees actively answered
poll questions and submitted comments in the Q+A
or chat boxes throughout the workshop. A lively dis-
cussion resulted with both newer and experienced wet-
lands commission members.
Our third workshop, entitled “Emerald Ash Borer
and Spotted Lantern Fly,” was presented by Claire
Rutledge, PhD, Associate Agricultural Scientist,
annual meeting, continued on page 7
The Habitat | Winter 2022
annual meeting, continued from page 6
Department of Entomology, The Connecticut
Agricultural Experiment Station (CAES). In this
informative workshop, Dr. Rutledge presented on
the Emerald ash borer which was first detected in
Connecticut in 2012 and has since killed thousands
of ash trees. She also presented information on the
Spotted lantern fly, which was first detected in 2020
and appears to be establishing new populations along
highways at a rapid pace. Dr, Rutledge also discussed
management of both these highly invasive insects,
helping to inform commission members and staff of
efforts to tracking and respond to their findings.
Jn our fourth and final workshop, entitled, “Water
101 - Understanding the Science of Water to Help
You Protect Your Community Resources,” Virgin-
ia de Lima, former Director of the USGS Con-
necticut Water Science Center emphasized how
understanding the interconnectedness of water leads
to being able to assess the water system as a whole
and better anticipate how changes in one component
may affect other components. She emphasized the
importance of groundwater flow in the hydrologic
cycle. Virginia, who served as former Director of the
USGS Connecticut Water Science Center, continues
to serve on multiple state committees focused on
the State Water Plan (SWP). As co-chair of the SWP
Implementation Committee and previous chair of
the Science and Technical Committee, she reviewed
the importance of the SWP to.
We again thank the conference attendees and all those
responsible for organizing our 44" Annual Meeting
and Environmental Conference. To allow our mem-
bers the opportunity to submit ideas for workshop
topics and other suggestions, the CACIWC Annual
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Meeting Committee has decided to again maintain the
AnnualMtg@caciwe.org email throughout the year. We
used many of your suggestions in our 2021 conferences
so please keep forwarding your suggestions to us. We
look forward to your participation at our 2022 Annual
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CACIWC News, continued from page 2
inland wetlands and conservation commissions in your
town. Please watch our website for periodic updates,
We hope to highlight your town's many decades of
service as part of our year-long celebration!
In other news:
1. During this past two years, the CACIWC Board of
Directors and Annual Meeting Committee have re-
viewed the many comments and suggestions submitted
in response to our recent conferences, converted to vir-
tual event due {o the risks of the COVID-19 pandemic.
These include our 43rd Annual Meeting and Environ-
mental Conference, held on December 5, 2020, our
first ever, 2021 Mid-Year Conference, held on June
5, 2021, along with the recent 44th Annual Meeting
and Environmental Conference, held on November 6,
2021 and highlighted in this issue. These comments
and suggestions will used to select the speakers and
workshops for our upcoming 45th Annual Meeting
and Environmental Conference, to be scheduled this
fall. Please do not hesitate to contact us with any addi-
tional suggestions for speakers and workshops for this
conference at AnnualMtg@caciwc.org.
2. The Board of Directors is very grateful to the
growing number of commissions who have already
renewed their CACIWC 2021-22 membership dues.
For those who have not yet done so, it is not too late to
send in your 2021-22 membership dues. A copy of the
current renewal online and mail forms can be found on
our website: www.caciwc.org.
3. Improved membership communication is an im-
portant goal of our strategic plan. Please be certain
to provide us with updated emails and other contact
information to help our Membership Coordinator &
Database Manager Janice Fournier maintain an up-to-
date membership list.
All of us on the CACIWC Board of Directors contin-
ue to thank you and your fellow commissioners and
staff for your local efforts and your ongoing support
through this challenging pandemic. We hope you will
help us reminisce of pre-pandemic times during our
50th anniversary Connecticut's IWWA while we plan
for future in-person conferences and other events!
Thank you,
Alan J. Sinisealchi, President
CACIWC 4
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legal, continued from page 3
require a fee when issuing orders to assure that you
make science-based decisions.
The template that I offer (see page 70) doesn’t contain
required legalese or magical phrases. It is a concept
which you tailor to your situation. Please read the
numbered paragraph of the template first and then
these comments.
Comment to Paragraph 1: The fee is not a penalty. The
amount does not rise with your opinion of how severe
the violation is. The fee reflects the costs you will pay
for consultants’ fees. If your agency does not already
have a business relationship with outside consultants,
the agency may need to request bids from consultants
for the estimated work.
Comment to Paragraph 2: You are not in the business of
choosing which consultant(s) the orderee will employ.
Your job is to determine if the orderee has retained the
correct kind of consultant. If the orderee discloses a
contractor when an engineer or wetlands biologist is
needed, you can disapprove the consultant.
Comment to Paragraph 3: Depending on the circum-
stances, one consultant may be qualified to address
all aspects of the report. In other cases, an engineer
may be needed to address drainage, and a wetlands
biologist, the impact on the habitat. Just as with some
permit applications, the agency may require more in-
formation or revisions to the report before the agency
approval will be voted upon. The same give-and-take
is appropriate. Ultimately it is for the agency to de-
cide which of the alternatives will be the approved
corrective action.
The goal is to use the order to allow the wetlands agen-
cy to create the record which supports the agency’s de-
cision. J look forward to hearing your success stories!
Janet P. Brooks practices law in East Berlin. You can
access prior training materials and articles at:
www.attorneyjanetbrooks.com 4
www.caciwe.org
10
Instructions: The black text below in times new roman font is suggested language for use in an
order. The text in blue bold arial font constitutes comments for your use in drafting language. It is
not for inclusion in the order itself. :
Template for Cease, Desist and Correct Order
[Recitation of facts which you, the wetlands
agency, will prove at the statutorily mandated
hearing. The orderee does not have the initial
burden of disproving these facts.]
As aresult of the above-stated facts, the
[landowner/individual/contractor/ “orderee”]
has violated sections _ of the [town] municipal
wetlands regulations.
Therefore, the [town] [official name of the
wetlands agency] orders the following:
1.
On or before [date] submit a check in the
amount of [amount determined by
consultant(s)] to cover the [agency
name}]’s cost in monitoring the orderee’s
compliance with this order, pursuant to
Connecticut General Statutes § 22a-42a (e).
See Comment #1.
Or: Within ten days of receiving an estimate
of the cost of consultants which the wetlands
agency will retain, the order shall submit a
check [can specify bank draft/certified
check/money order or other form
which your municipality prefers] in such
amount to cover the fagency name}’s cost
in monitoring the orderee’s compliance with
this order, pursuant to Connecticut General
Statutes § 22a-42a (e).
If the initial amount of the fee is insufficient
to cover the cost of the agency’s monitoring
the orderee’s compliance with this order,
within ten days of the agency’s notice to
the orderee of an additional fee necessary
to monitor compliance with the order, the
orderee shall submit the additional requested
amount. Any portion of the fee in excess of
the actual cost incurred by the agency shall be
refunded to the orderee no later than 30 days
after the agency has determined the orderee
is in compliance with all requirements of the .
order.
. Within days of the issuance of this
order / On or before (date), (a) the orderee
shall retain consultants, acceptable to the
agency, needed to carry out the activities in
this order and (b) shall so notify the agency in
writing.
. On or before (date), the orderee shall submit
for the agency’s review and written approval
a comprehensive and thorough report which
describes the existing conditions and evaluates
alternative actions which may be undertaken
by the orderee to correct [describe what
needs to be addressed]. Such report
shall (a) propose a preferred alternative or
combination of alternatives with supporting
justification therefor, (b) provide a preliminary
design submittal, (c) state in detail the most
expeditious schedule for performing each
alternative and (d) propose a detailed schedule
to perform all actions required to implement .
the preferred alternative, including but not
limited to the start and completion date, or
ranges of dates, of all proposed activities.
The agency may require further submissions
prior to the granting of agency approval of the
report. The agency may require the orderee to
submit periodic status reports.
. Upon the agency’s approval of actions to
be undertaken pursuant to an approved
report submitted pursuant to { 3, the orderee
shall undertake the approved activities in
accordance with the approved schedule.
The Habitat | Winter 2022
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herpetology, continued from page 4
We wrote the new book not only update the distribu-
tions of the state’s herpetofauana, but to incorporate a
wealth of new information about how to conserve these
species. To accomplish this we grouped the species in a
novel way, four assemblages based on threats, which we
termed guilds.
In the mid-1990s [ began working with municipalities
in order to achieve better natural resource protection. As
Connecticut and our neighboring states all have strong
home rule traditions, it made sense that local wetlands
agencies, conservation commissions, and planning
and zoning commissions become active participants in
better planning for the protection of ecosystems, and the
wildlife which depends upon them.
To that end, I founded the Metropolitan Conservation
Alliance (MCA) in 1994 under the aegis of the Wildlife
Conservation Society. Most of the multi-town studies
and planning exercises we conducted were in the lower
Hudson Valley of New York, but we had projects in
New Jersey, and a seven-town study in Connecticut. It
is the cornerstone of my professional belief (and career)
that local governments have a major role to play in the
future of conservation in Connecticut and elsewhere. An
entire chapter (8) of the new book discusses how better,
scientifically-informed decisions can be made locally.
MCA’s technical publications are available on my web-
site: www.michaelwklemens.com/mca. Among those
most familiar to many of you is the work that Aram
Calhoun and I co-authored in 2002, about assessment
and best development practices to conserve vernal pools.?
A future article in this series will discuss progress made
in conserving vernal pools, and the pitfalls encountered,
including how these guidelines have been misused.
Habitat fragmentation remains the principle threat to
the survival of amphibians and reptiles. Many species
have complex landscape-scale habitat requirements
(see below). These requirements are beyond the
statutory authority of local land-use commissions.
Therefore, these species and their habitat use should
be documented, ideally in a town’s Natural Resource
Inventory (NRI). The preparation and updating of
a NRI is the single most important function of each
herpetology, continued on page 13
Foraging
Early Spring
Emergence
Late Winter
— —— ——
Late Spring
12
Nesting
—-+
Hibernation
Estivation
Winter
Early Summer —— Late Summer Fall
The Habitat | Winter 2022
herpetology, continued from page 12
town’s conservation commission. The NRI should
be updated periodically and become an integral part
of a town’s Plan of Conservation and Development
(POCD). Once the landscape-scale use of species
like the spotted turtle, illustrated on page 12, are
documented, then a conservation plan that includes
various government agencies and other organizations
should be formed. Such landscape-scale understand-
ing can be a template to guide local development and
wetlands decisions. The figure by Mari Reeder on
page 12 is adapted from our recent publication.
Fragmentation can also be viewed from a statewide
perspective. In our book we presented the Wildlife
Urban Interface Map (below, adapted from *). This map
demonstrates that only a small percentage (18%) of
Comnecticut’s land cover is intact forest. Large portions
of the state shown in orange (55%) are perforated hab-
itats, where development has intruded into the forested.
landscape. These orange areas present opportunities to
develop smarter, reducing the ecological footprint of de-
velopment and in some instances restore habitat connec-
WUI
NON-WUi VEGETATED
Greens = non WUI vegetated with no or very low-density development (18%)
tivity. Yet the orange areas are most often those selected
for development. For example, the majority of solar
farms that have been permitted in Connecticut over the
last five years are within the orange zone. In this zone,
solar development outpaces acreage consumption of
traditional development. There is a mismatch (termed
in our book, “mandates at cross purposes”) between the
concepts of promoting green energy versus where it is
actually sited on the landscape. The subject of green
energy (primarily solar) as a driver of habitat loss and
fragmentation will form the basis of another article in
this series, discussing not only the problem, but path-
ways to achieve a better balance between these compet-
ing interests at DEEP.
Climate change is an ongoing challenge, and its effects
on biodiversity are affecting natural systems in a wide
variety of ways. Some of these are readily apparent,
but others are more subtle but non-the-less serious and
some, I am sure, we are not even aware of yet. Greatly
altered patterns of precipitation are widely-recognized
as one effect of climate change. The recharge of
herpetology, continued on page 14
Orange= development intermixed with wildlands (55%)
Yellow = development interfacing with intermixed wildlands/wildlands (11%)
NON-VEGETATED
Red = medium-high density development (8%)
White = non vegetated low-density development or agriculture (5%)
Blue= water (3%)
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herpetology, continued from page 13
wetlands has been greatly affected. Flooding is more
frequent, as are droughty periods. There is an increased
frequency of vernal pools drying out too quickly
during the late spring and early summer, placing
tremendous stresses on the successful development
and metamorphosis of vernal pool amphibians. When
I began my research in the 1970s through the early
1990s, the spring-time migrations to vernal pools and
subsequent breeding occurred predictably between
the vernal equinox in March and the first week of
April. The altered climate in the last decades has been
characterized by early springtime movement of a
portion of the vernal pool amphibian population in late
February and very early March, often followed by a
two-week period of very cold temperatures, and then
a second wave of migration in late March and early
April. The hard freeze often results in the mortality
of amphibians in the pools and their egg masses.
Researchers have had to alter their vernal pool
assessment protocols to accommodate this greatly
attenuated bimodal breeding season.
The activity season for many amphibians and reptiles
has been extended, especially in the autumn where
surface activity in some years extends into early No-
vember. In our new book, we have shortened the sea-
sonal time period where brush clearing can safely occur
along rivers and power line rights-of-way to prevent
the incidental take (i.e., killing) of box and wood turtles
that now remain active in those terrestrial habitats from
early March through late October. Climate change
has been linked to various pathogens, including snake
fungal disease. Rising sea levels will inundate dia-
mondback terrapin nesting areas. Along large portions
of the Connecticut shoreline, development impedes the
necessary landward expansion of tidal wetlands and
associated terrapin nesting habitats. Many of our native
turtles have temperature dependent sex-determination
and have fidelity to certain nesting areas. Will climate
change alter the sex ratios within turtle populations?
In the first decades of my research, I encountered the
occasional released red-eared slider but these were not
posing a threat to native turtle populations. In the last
decade we have documented successful breeding of
red-eared sliders at many lower lying sites in Connecti-
cut. This species has become established and now is
competing with native turtles, especially painted turtles.
herpetology, continued on page 15
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The Habitat | Winter 2022
herpetology, continued from page 14
Some ponds new seem exclusively inhabited by this
species. Soft-shell turtles have become established in
the Connecticut River from East Hartford to Enfield
and possibly elsewhere. Both the red-eared sliders and
soft-shells have become established by direct human
introduction into lakes, ponds and waterways.
Another non-native species, the Italian wall lizard, was
introduced and became established in the boroughs of
New York City in the 1970s, or even earlier.
Tn 2009, these lizards established breeding popula-
tions at several sites along the Metro North RR tracks
in southwestern Connecticut. While these lizards may
have been introduced by humans, we consider the most
likely explanation is that the warming of the Connecti-
cut shoreline allowed these lizards to migrate north-
eastward from New York City along the disturbed RR
corridor, which provided dry basking areas, ample cov-
er, and invertebrate food. The arrival of this species in
southwestern Connecticut in 2009 is strongly correlated
with the revised plant hardiness zonal maps produced
by the United States Department of Agriculture in 2012.
These maps recognized that a small area of the shore-
line in Fairfield and New Haven counties was now part
of Plant Hardiness Zone 7, which is the same climatic
zone where these lizards have been established around
New York City for decades.
Jn summary, the previous climate change discussions,
demonstrates that the conservation challenges we face
in the opening decades of the 21st century are multi-fac-
eted and synergistic. This does not mean that they are
insoluble, but rather we need new approaches to deal
with these problems. Understanding what is not work-
ing is the necessary first step leading to new solutions.
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Surely the same human intelligence that has resulted
in so many technological advances, including vaccines
and advances in health care, can be brought to bear on
these pressing issues of environmental stewardship.
_ References:
1. Klemens, M. W. 1993. The Amphibians and Reptiles of
Connecticut and Adjacent Regions. Conn. Geol, Nat. Hist.
Surv. Bulletin 112. Hartford, CT.
2. Klemens, M. W., H. J. Gruner, D. P. Quinn, E. E. Davison,
2021. Conservation of Amphibians and Reptiles in Connecti-
cut. Connecticut Dept. of Energy and Environmental Protec-
tion. Hartford, CT.
3. Calhoun, A. J. K. and M. W. Klemens, 2002. Best De-
velopment Practices (BDPs) for Conserving Pool-breeding
Amphibians in Residential and Commercial Developments.
MCA Technical Paper No. 5, Metropolitan Conservation
Alliance, Wildlife Conservation Society, Bronx, NY.
4, Martinuzzi, S, S. I. Stewart, D. P- Helmers, M. H. Mock-
rin, R. B. Hammer, V. C. Radeloff. 2015. The 2010 Wild-
land-Urban Interface of the Conterminous United States.
Research Map NRS-8. U.S. Department of Agriculture
(USDA), Forest Service, Northern Research Station. New-
town Square, PA
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DEEP’s Municipal Inland Wetlands Agency Comprehensive Training Program
online course was custom built to allow agencies and their staff to carry out the regulatory and training re-
quirements of the Connecticut Inland Wetlands and Watercourses Act (IWWA). This program instructs and
guides agency members and staff on both the law they are implementing and enforcing, and the resources they are
charged with protecting.
T=: DEEP’s Municipal Inland Wetlands Agency Comprehensive Training Program has resumed! This FREE,
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This online training fulfills the requirement pursuant to Connecticut General Statutes (CGS) section 22a-42(d)}
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