Wetlands Mitigation Ordinance

Wetlands provide unsurpassed recreational, cultural, historical, and environmental value to town residents. The cumulative effect of minor losses and alterations poses a substantial threat to the environment and economy of the Town and its quality of life. For this reason, Kennebunk passed an ordinance designed to limit the negative impacts of development on wetlands in town. 

What is the purpose of the ordinance?

The Wetlands Mitigation Ordinance protects Kennebunk’s coastal and freshwater wetlands. Wetlands provide functions that are essential to the health of our community. This ordinance is meant to ensure that our wetlands can continue to safeguard our land and water.

What does the ordinance do?

First, it prohibits the filling of all coastal wetlands as well as freshwater wetlands that are categorized by the state to be of special significance (such as those next to rivers or that harbor threatened species).  Second, it requires that loss of other wetlands is offset. 

Those who develop land have to demonstrate that there is no feasible alternative to filling wetlands in order to complete their project. If there is no feasible alternative and the area of wetlands that will be filled is 500 feet or more, those developing the land must compensate for that loss by protecting wetlands under threat of development or, if unable to do that, by paying a fee. 

Fees paid by developers are put into an account that will be used to restore and protect wetlands in town. 

See this flowchart to understand how it works. 

Why should we be concerned about losing our wetlands?

    Wetlands protect our homes, roads and businesses by acting as a sponge to absorb 
     water from flood events and storm surges. 

    Wetlands protect our drinking water by filtering pollutants, such as pesticides and 
     fertilizers.

    Wetlands protect our rivers and streams by filtering sediment and pollutants from 
     stormwater runoff.

    Wetlands store carbon efficiently, which helps to combat climate change

     Wildlife and fish rely on wetlands for habitat. Wetlands also shade the water, 
      lowering the temperature so that fish can survive.

    Wetlands provide essential migration corridors for deer and other wildlife to move 
     between habitats.