Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 020 - DEPARTMENT OF FORESTS, PARKS AND RECREATION › Chapter 003 - VERMONT FRAGILE AREAS › Section 12 020 003 - VERMONT FRAGILE AREAS

Current through June, 2024
INTRODUCTION
10 VSA Chapter 158 authorizes the Secretary of the Vermont
				  Agency of Environmental Conservation to create a Fragile Areas Registry. In the
				  word of the law, "'Fragile Area' means an area of land or water which has
				  unusual or significant flora, fauna, geological or similar features of
				  scientific, ecological or educational interest".
Expanding, 'the Secretary shall consider for
				  designation...only a site which:
(1)
				is of significant statewide scientific, ecological or educational value,
				or
(2) is exemplary for the
				purposes of education or research in the natural sciences; or
(3) has rare, remnant or other unusual plants
				or animals, or contains endangered species as determined by the Secretary under
				Chapter 79 of Title 13; or
(4)
				contains a necessary wildlife habitat as that term is defined in Section
				6001(12)
				of Title 10."
These specifications require two important considerations:
				  one, that the process of registering fragile areas be a selection of those
				  areas that are truly "fragile" and two, that registration includes not only
				  areas that are types of landscapes (e.g., alpine areas, marshes, etc.) but also
				  habitats for certain critical species of plants and animals. Further, words
				  such as "significant", "exemplary" and "unusual" mean judgements must be made
				  as to the inherent value of an area to the state's natural history, in
				  comparison to other similar areas.
Several inventories and lists of state natural areas have
				  been made, and their information will be invaluable in the creation of the
				  Register. However, the Register cannot adopt the contents of these lists
				  wholesale; all areas must first be subjected to the processes which will
				  classify them and assess their importance to Vermont's total natural heritage.
				  Only having been so processed can they acquire Fragile Area status. By way of
				  illustration: Molly Bog, Peacham Bog and Franklin Bog are on most lists of
				  important state natural areas, as bogs. But they have not arrived on the lists
				  as the result of a systematic and standard method of selection which defines
				  their actual character. Rathen, they have been selected largely on their
				  traditional reputations as fine bogs. That is not in and of itself bad but
				  leaves many questions unanswered. In what precise ways are these areas indeed
				  fragile? Do they have comparable fragileness or does one have some special
				  merit beyond being a "bog' -- such as being the nesting site for an endangered
				  species of bird?
The Fragile Areas Registry proposed here must start from a
				  new base and incorporate existing information and data into a new structure
				  that will categorize Vermont's natural diversity. And for it to reflect that
				  diversity and be complete, standardized and operational, it should contain the
				  following:
(1) CLASSIFICATION SYSTEM.
				This is the creation of categories of fragile areas, both the physical and
				biological. It is the first step in processing an area for registration: all
				potential areas must meet the criteria defined in the system even before their
				relative value or significance is considered. Classification categories should
-- include all reasonable components of Vermont's natural and
				  geologic history, since fragile areas may belong to or represent any facet of
				  the natural world.
-- be organized into legitimate natural groupings,
				  associations or entities that facilitate classification.
-- be constructed to accommodate revisions and adaptations
				  without forcing the entire system to be revamped.
(2) EVALUATION SYSTEM. This is the means by
				which candidate areas having satisfied the criteria of the classification
				system can be processed for inclusion on the Register. It is the way of sifting
				the best areas from those that are average or poor or simply do not merit
				recognition in the State Registry. Through the series of evaluation steps, an
				area will acquire "significance" and emerge as truly fragile or not.
(3) DOCUMENTATION. Scientific evidence must
				substantiate the claim that an area is what it is purported to be. All areas
				must be researched by competent authorities and the findings recorded in
				writing. Areas already researched will be cited by references. Documentation
				will be on file at the Agency of Environmental Conservation, Montpelier,
				Vermont.
(4) MANAGEMENT PLANS. Land
				and water-use plans are to be drawn up, directed toward protecting and
				enhancing those components which make an area fragile. Plans are to be
				mandatory for activities on state-owned lands, but only guidelines for private
				landowners and organizations. Included will be precautions against
				over-visitation of especially sensitive areas.
(5) PROCEDURE FOR NOMINATION OF NEW AREAS,
				Our knowledge of the state's fragile areas is not complete. Also, natural
				environments are always changing. In order that new areas be processed or areas
				already registered be reevaluated, a system will be devised whereby individuals
				can propose candidates for registration.
A few additional points should be made here.
The Register is nonregulatory. It is intended to identify and
				  document critical areas, provide information and assistance to people and
				  organizations owning them, heighten public awareness of the areas so that they
				  will not be destroyed inadvertently and aid in local or state planning. Great
				  care must be taken lest areas suffer under pressures due to increased
				  visibility, however. Registration of areas wholely or partly in private
				  ownership, will, by itself, impose no restrictions or controls beyond those
				  already in existence.
The Register is to be ongoing and open-ended. That is, it
				  must be flexible enough to incorporate refinements in the classification and
				  assessment schemes, process newly-discovered areas and react to changes in
				  species/area status. An important part of the Register will be a mechanism for
				  regular review, revision, addition or removal of areas from the Register.
				  Essential work for the future will be outlined and recommended.
The Register should appeal to the general public (through
				  whose will the law was enacted) and not just to scientists. Thus, it will be
				  published as an easily read, visually appealing document that will encourage
				  people to participate further, but under proper guidance and procedures. The $
				  5,000 appropriated for the Register will be used for its publication and
				  distribution.
CLASSIFICATION SYSTEM
The system described here employs both an areas and species
				  approach to the organization of our knowledge of Vermont's fragile areas. That
				  is, an area may be deemed fragile for any number of reasons, but reasons which
				  fall into two major categories: landscapes (areas) (e.g., bogs, cliffs, virgin
				  forests) or habitats for critical species of plants and animals (e.g., sites of
				  colonial nesting birds, habitats for endangered plants). Of course, many areas
				  qualify as both. This combined approach emphasizes the need to look at whole
				  systems as well as critical components within systems: an entire community or a
				  single member of a community may be fragile. The intent of the Register,
				  whether in regard to a rare landscape, ecosystem or habitat for an endangered
				  plant or animal, is the same -- to identify and protect areas in Vermont which
				  are in some way vital to the state's natural systems.
Therefore, the classification system must cover a many
				  contingencies as possible. In other words, it must account for situations in
				  which "fragileness" may occur, even if to our present knowledge such situations
				  do not exist in the state. It must also organize these categories into
				  comparable units so that like-areas may be assessed by the same set of
				  criteria; it is obvious that an area being considered as habitat for the
				  Indiana Bat (an endangered species) should not be judged by the same criteria
				  as an area being considered as a virgin hardwood forest.
The outline below is followed by an explanation of the
				  categories and the rationale for using them. The categories are narrow enough
				  to cover the array of the state' natural systems, but broad enough to avoid the
				  endless subdivisions which would make the classification process tedious,
				  cumbersome, and virtually unmanageable for the scope of this work.
PHYSICAL FEATURES
Bedrock Features
A.
				Significant structures: based on either (with examples)
1. Shape: thrust-faults, cliffs,
				notches.
2. Content: unusual
				mineral deposits; examples of igneous, metamorphic or sedimentary
				actions.