Vernal Pool Identification and Protection — Current and Future Permitting Implications

Abstract

Vernal pools provide essential ephemeral breeding habitat in the life cycles of many species of amphibians, reptiles and invertebrates. Vernal pools, in a regulatory sense, are unique among regulated wetland resources in the northeastern United States in that they are primarily defined and identified by their constituent fauna rather than their soil, vegetative, or hydrological characteristics. In states such as Massachusetts, vernal pools are regulated through the Wetlands Protection Act, Surface Water Quality Standards, and Rivers Protection Act, among others. The terrestrial non-breeding habitat surrounding the pools is also regulated through the Massachusetts Endangered Species Act and local wetland bylaws administered by municipal conservation commissions. Emerging vernal pool regulation at the federal level is noted in New England, where vernal pools are categorized as “special inland waters and wetlands.” Spanning over five sections, this chapter discusses the ecology of vernal pools and 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 of Engineers. The third section presents three of National Grid's recent siting studies affected by the nearby presence of vernal pools. The fourth section briefly summarizes field survey techniques to identify vernal pool habitat. Lastly, the authors suggest procedures to successfully recognize and protect these resources while siting and permitting new or expanded facilities.