The process of writing regulations to enforce a tough, new “net-zero nitrogen” bylaw passed at fall Town Meeting prompted a tense exchange between Selectmen and the Board of Health Tuesday night.

The bylaw, designed to cut down on the amount of polluting nitrogen flowing into the town’s watershed, requires that developers contribute no nitrogen to the watershed -- generally by producing very little new nitrogen pollution and then “offsetting” that new amount by decreasing nitrogen pollution elsewhere in town.

Responsibility to write the enforcement regulations for the first-in-the-state bylaw was handed to the Board of Health. Board of Health Chair Diane Allen and Health Agent Robert Ethier explained that they had enlisted the assistance of the Coalition for Buzzards Bay and an informal group of volunteers in writing those regulations.

Both that process and the fact that the regulations are not yet completed prompted strong words from Selectmen Jane Donahue and Brenda Eckstrom.

“Part of the issue we have is there is no process here in terms of who was put on the committee,” Chairwoman Donahue said. “We need to start the committee with a verifiable, confirmable process ... Not just an ad hoc committee that isn’t sure if it is subject to any open meeting law violations.”

Town Administrator Mark Andrews added the task force needs to comply with the open meeting law.

While the Board of Health doesn’t require Selectmen approval on appointments to a subcommittee, Donahue said she hopes to see stricter procedure established for choosing a group to advise the Board of Health.

Ethier denied that the group of volunteers helping the board was a formal subcommittee. He said he had issued an open invitation to the community and continues to keep everyone who has expressed interest up to date on the group’s work and the dates of future meetings.

Underlying the controversy over the regulations is lingering tension from the fall Town Meeting, when members of the Board of Health opposed passage of the bylaw and other citizens complained that it was too radical a measure to put in place so quickly. Donahue and Eckstrom noted that many of the bylaw’s opponents appear to be working with the Board of Health on the not-yet-competed regulations.

Selectman Cara Winslow said the development of regulations falls under the jurisdiction of the Board of Health and the Selectmen shouldn’t be involved in the process of establishing a committee.

“They are an autonomous board,” she stated. “I don't think we should tell them what to do. I'm just having a hard time grasping what they whole problem is,” Winslow said adding that she didn’t want to impede any progress the task force has made on the issue.

Director of the Coalition for Buzzards Bay Mark Rasmussen appeared with the Board of Health.

“Wareham is trying to do something no other community in Massachusetts has done,” he said, commending the Board of Health's efforts. “It may be a clumsy way to write regulations ... but we are moving forward every session.”

He explained there currently is no precedent for a nitrogen zero bylaw anywhere else in the state. “The technology only exists for [nitrogen] to be really low,” Rasmussen pointed out.

According to Rasmussen, in order to remove all nitrogen from the water, most developers would be required to move treatment off-site. The town in return would most likely charge a fee to manage the company’s nitrogen outputs. A fee Board of Health members said they believe is illegal.

There is an article on spring Town Meeting warrant to repeal the bylaw.

For more information on the Wareham Nitrogen Consensus, visit www.savebuzzardsbay.org/wareham.