Developing 2010 High-Resolution Impervious Cover Estimates for Selected Towns in the Piscataqua Region Estuaries Partnership: Final Report

Estimates of 2010 impervious cover (New Hampshire) and 2011 impervious cover (Maine) were generated to extend the coverage of previous work in Rockingham and Strafford Counties, New Hampshire, to include all of the Piscataqua Region Estuaries Partnership (PREP) footprint. The newly mapped area comprised the town of Alton in Belknap County, New Hampshire, the towns of Brookfield, Wakefield, and Wolfeboro in Carroll County, New Hampshire, and the towns of Acton, Berwick, Eliot, Kittery, Lebanon, North Berwick, Sanford, Shapleigh, South Berwick, Wells, and York in York County, Maine1. With these new data, standardized, high resolution impervious cover estimates are now available for the entire PREP watershed. Impervious features covered 3,026 acres (2.7%) in the New Hampshire towns and 13,612 acres (4.9%) in the Maine towns, with a total of 16,637 (4.3%) acres mapped in the entire study area. As expected, the more urbanized towns of Kittery (11.3%), Sanford (7.9%), Eliot (7.0%), and York (6.2%) contained the highest percentage of impervious cover

Developing 2015 High-Resolution Impervious Cover Estimates for the 52 Towns in the Piscataqua Region Estuaries Partnership: Final Report

Estimates of 2015 impervious cover (IC) for the 52 towns of the Piscataqua Region Estuaries Partnership (PREP) were generated from 2015 1-foot imagery (for the 42 towns in NH) and 2015 1-meter NAIP imagery (for the 10 towns in Maine). The 2015 IC mapping updated previous high resolution mapping developed from 2010 (New Hampshire) and 2011 (Maine) orthophotography for the study area. Impervious features covered 32,462 acres (5.8% of the land area) in the New Hampshire towns and 13,295 acres (5.3% of the land area) in the Maine towns, with a total of 46,634 (5.6% of the land area) acres mapped in the entire study area. The towns with the highest percent impervious cover in 2015 were in New Hampshire, and included Portsmouth (26.7%), New Castle (20.0%), and Seabrook (20.0%). The largest increases in IC between 2010 and 2015 occurred in Rochester, NH (122 acres), Wells, ME (64 acres), and Seabrook, NH (64 acres). Minimal amounts of IC increases occurred in most towns, with the least amounts in Madbury, NH (4 acres), New Castle, NH (2 acres), and Brookfield, NH (2 acres)

Shoreland Buffer Module for GRANIT Data Mapper

The Complex Systems Research Center at the University of New Hampshire enhanced the GRANIT Data Mapper (http://mapper.granit.unh.edu) by incorporating data describing shoreline buffers in New Hampshire. The project supports an ongoing, comprehensive New Hampshire Estuaries Project (NHEP) outreach initiative that seeks to educate municipal decision-makers about the importance of stream buffers in preserving water quality in coastal New Hampshire. It complements these existing outreach efforts by allowing coastal managers, local land use boards, and the general public to readily visualize the spatial extent of current and/or proposed shoreline regulations in their community. The primary data source for the analysis was the high-resolution New Hampshire National Hydrography Dataset (NHHD). Using standard GIS tools, six concentric buffers incrementing in 50’ widths from 50’ to 300’ were generated around stream and shoreline features recorded in the NHHD. To provide the greatest flexibility to users, two data sets were generated at each buffer increment – one representing shorelines and streams classified as either perennial or intermittent, and the second comprising shorelines and only streams classified as perennial. The resulting buffers were merged with the GRANIT surface water data, and acreage by town and subwatershed was calculated for each buffer category. The shoreline buffer data sets were added to the water resources theme of the Data Mapper, thereby providing the public with the ability to view buffers of varying widths in the context of other data layers (including aerial imagery) available through the viewing tool. The associated acreage data tables were added to the water resources theme tool tab. Findings indicated that aggregated at the HUC-12 level, almost 24,000 acres within the Coastal Basin were covered by 50’ buffers when perennial and intermittent streams as well as shorelines were buffered, with over 133,000 acres covered by 300’ buffers. When only perennial streams and shorelines were considered eligible for buffering, the totals declined to just under 17,000 acres (50’ buffers) and over 96,000 acres (300’ buffers)

Impervious Surface Mapping in Coastal New Hampshire (2005)

Estimates of impervious surface acreage in 2005 were generated and compared to prior estimates for 1990 and 2000 for a 48-town region in coastal New Hampshire, including the 42 towns within Zones A and B of the New Hampshire Estuaries Project (NHEP) area. The estimates were based on applying both traditional and subpixel image classification techniques to 30-meter Landsat 5 Thematic Mapper (TM) satellite data, acquired 3 October 2005. The classifications indicated that impervious surface acreage increased from 4.3% (31,233 acres) in 1990, to 6.3% (45,445 acres) in 2000, to 7.4% (53,408 acres) in 2005. At the subwatershed level, the Portsmouth Harbor subwatershed recorded the highest percentage of impervious surface acreage in 1990 with 19.8% coverage (2,310 acres) and in 2000 with 25.5% coverage (2,975 acres), and this finding continued in 2005 with 28.9% (3,364 acres) of the watershed mapped as impervious. An accuracy assessment was applied to the regional data, and indicated an accuracy of 98.3% for the 2005 data, which compared favorably with the assessment of the 1990 effort (98.6% correct) as well as the 2000 data (93.1% correct). These figures reflect the overall presence/absence of impervious surfaces within the randomly selected pixels. The accuracy was further evaluated against April, 2003 Emerge 1-ft. resolution aerial photography to estimate the validity of the predicted range of imperviousness for a second set of randomly selected pixels. This assessment proved disappointing, as only 7% of the pixels sampled predicted the correct impervious percentage range. The data set representing impervious surface acreage in 2005 has been archived in the GRANIT GIS clearinghouse, thereby making it available to the coastal resource community as well as the general public. The data are appropriate for watershed and subwatershed level characterizations. Users are discouraged from accessing these data to support larger scale mapping and applications

Developing Impervious Surface Estimates for Coastal New Hampshire

Future population growth and the corresponding increase in development in the coastal zone of NH are widely recognized as major threats to the integrity of coastal systems and their watersheds. The potential impacts associated with the expansion of developed land, and specifically with increasing amounts of impervious surfaces – rooftops, sidewalks, roads, and parking lots - may include significant changes in water quantity, degradation in water quality, and habitat loss. Because asphalt, concrete, stone, and other impenetrable materials effectively seal the ground surface, water is repelled and is prevented from infiltrating soils. Instead, stormwater runoff flows directly into our surface waters, depositing metals, excess nutrients, organics, and other pollutants into the receiving bodies. In addition to these environmental impacts, increasing levels of imperviousness can dramatically alter our landscapes, as forested and other natural settings are converted to urban/suburban uses. Many of the impacts associated with impervious surfaces had been well documented by studies in other areas of the country. However, comprehensive studies in coastal New Hampshire had not been undertaken. The primary goals of this project were to provide an accurate, current description of the extent of impervious surface coverage in this region, as well as an estimate of change in the amount of “imperviousness” over a recent, ten-year period

Developing 1990, 2000, and 2005 Impervious Surface Estimates for Southern York County, Maine

Estimates of impervious surface acreage in 1990, 2000, and 2005 were generated for an 11-town region in York County, Maine, covered by the Piscataqua Region Estuaries Partnership (PREP). The project extended previous work done in New Hampshire, relying on comparable satellite-based data sources and image processing methodologies. As a result, standardized impervious surface estimates are now available for the entirety of the PREP region. The impervious surface estimates were derived by applying both traditional and subpixel classification techniques to 30-meter Landsat 5 Thematic Mapper (TM) and Landsat 7 Enhanced Thematic Mapper Plus (ETM+) satellite image data. The classifications indicated that 3.3% (9,098 acres) of the study area was impervious in 1990, with increases to 5.3 % (14,646 acres) in 2000 and 6.3% (17,394 acres) in 2005. At the subwatershed level, the Portsmouth Harbor subwatershed recorded the highest percentage of impervious surface acreage in 1990, 2000, and 2005 with 7.8% coverage (1,283 acres), 12.3% coverage (2,009 acres), and 14.5% coverage (2,380 acres) respectively. The regional accuracy assessment indicated an overall accuracy of 97.0% for the 1990 data, 93.0% for the 2000 data, and 92.0% for the 2005 data. These results reflect the overall presence/absence of impervious surfaces within the randomly selected assessment pixels. The three data sets have been archived in the GRANIT GIS clearinghouse, thereby making them available to the coastal resource community as well as the general public. The data are appropriate for watershed and subwatershed level characterizations. Users are discouraged from accessing them to support larger scale mapping and applications

Historic Preservation Leading to Heritage Tourism as an Economic Development Strategy for Small Tennessee Towns.

Historic preservation has been a successful economic development tool that has led to heritage tourism in some Tennessee towns but not in others. The problem studied was to determine if there was a set of tangible attributes a town must possess to be successful in using historic preservation as an economic development tool. Through an extensive literature review, 59 predictor variables were identified and arranged into 6 research questions looking at the tangible attributes related to town demographics, geography, organizational structure, historic preservation organizations, heritage tourism organizations, and town financial structure. Data were collected from a mailed survey of 32 town managers. The response rate was 68.8% (N = 22). Secondary sources, such as U.S. Census data, were used to collect data when those sources appeared consistent and mandatory. The study used logistic regression analysis to compare successful towns, defined as those towns in the upper third of study towns for tourism expenditures per capita, with less than successful towns. The 32 study towns met the criteria of having a 2003 population of fewer than 10,000 and a nationally-recognized historic district that coincided with the towns\u27 central business districts. The results of the logistic regression analysis on the individual predictor variables indicated that 5 were statistically significant--median age, distance to a major city, restaurant beer sales, Grand Division, and merchants\u27 association. Constraining the final predictive model (Garson, 2006) to no more than 1 variable per 10 cases 3 led to the inclusion of median age and merchants\u27 association as the 2 predictor variables that provided the highest predictive value of correctly classified towns (95.8%). In summary, this study is inconclusive in determining whether historic preservation leads to heritage tourism and can be used as an economic development tool by small Tennessee towns. However, it has been established that 5 attributes or characteristics of small towns does contribute to the probability of success and that median age and the existence of a merchants\u27 association proved to be the best predictive model

Preface: Double Jeopardy in Washington and Beyond

The prohibition against double jeopardy is of ancient lineage in western civilization. In a ringing and scholarly dissent that rewards reflection, Justice Hugo Black said: Fear and abhorrence of governmental power to try people twice for the same conduct is one of the oldest ideas found in western civilization. Its roots run deep into Greek and Roman times. Even in the Dark Ages, when so many other principles of justice were lost, the idea that one trial and one punishment were enough remained alive through the canon law and the teachings of the early Christian writers. By the thirteenth century it seems to have been firmly established in England, where it came to be considered as a universal maxim of the common law. It is not surprising, therefore, that the principle was brought to this country by the earliest settlers as part of their heritage of freedom, and that it has been recognized here as fundamental again and again. Today it is found, in varying forms, not only in the Federal Constitution, but in the jurisprudence or constitutions of every State, as well as most foreign nations. It has, in fact, been described as a part of all advanced systems of law and as one of those universal principles of reason, justice, and conscience, of which Cicero said: \u27Nor is it one thing at Rome and another at Athens, one now and another in the future, but among all nations it is the same.\u27 While some writers have explained the opposition to double prosecutions by emphasizing the injustice inherent in two punishments for the same act, and others have stressed the dangers to the innocent from allowing the full power of the state to be brought against them in two trials, the basic and recurring theme has always simply been that it is wrong for a man to be brought into Danger for the same Offence more than once. Few principles have been more deeply rooted in the traditions and conscience of our people. Because the prohibition against placing someone in double jeopardy is so deeply rooted in our jurisprudence, double jeopardy challenges have been prevalent throughout our nation\u27s history. This Preface highlights some of the major themes involved in such double jeopardy challenges. Section II of this Preface briefly describes the protections offered by the Double Jeopardy Clause. Section III touches upon one of the key issues in double jeopardy cases-the determination of what actions constitute the same offense. Section IV addresses some recent developments in double jeopardy law and introduces a rapidly-growing question in modern double jeopardy cases: Whether the double jeopardy protections apply in the context of parallel criminal prosecutions and civil forfeiture actions

Understanding the Limits of Power: Judicial Restraint in General Jurisdiction Court Systems

This Article draws on my legislative and judicial background to focus both on the tendency of the courts to exceed their core constitutional role and the implications of such judicial activism. This article contend that modern courts of general jurisdiction are too often embroiled in sociopolitical controversies best left to the political branches of government. Part I addresses the concept of judicial restraint in our constitutional system and the need to define the core powers of the judicial branch of government. Part II discusses principles of judicial restraint in the federal courts. Part III, using the example of Washington State where the judiciary enjoys broad jurisdiction typical of most state court systems,3 analyzes judicial restraint principles in a general jurisdiction court system. Part IV examines several recent Washington cases exploring these principles. Finally, because courts must confine themselves to their appropriate sphere of action, in Part V I will propose a new, overarching principle of justiciability for courts of general jurisdiction, incorporating principles of judicial restraint