Wetlands and Wetlands and Their Protection Their Protection

in Concordin ConcordPublic Discussion on the Public Discussion on the Need for a Wetlands Bylaw in Need for a Wetlands Bylaw in

ConcordConcord

Public Meeting Public Meeting ObjectivesObjectives

Provide information on wetlands, Provide information on wetlands, their values, functions, and why they their values, functions, and why they need further protectionneed further protection

Show community where wetlands Show community where wetlands are and how they are affected by are and how they are affected by various activitiesvarious activities

Demonstrate the need for a bylawDemonstrate the need for a bylaw Obtain community inputObtain community input

Wetlands in ConcordWetlands in Concord

Certified Vernal Pools in Certified Vernal Pools in ConcordConcord

Natural Resources Natural Resources Commission (NRC) Who Are Commission (NRC) Who Are

We?We? Five volunteer citizensFive volunteer citizens

Appointed by the Town Manager, and Appointed by the Town Manager, and Approved by the Board of Selectmen Approved by the Board of Selectmen

Supported by Division of Natural Supported by Division of Natural Resources staffResources staff

Administer the state Wetlands Protection Administer the state Wetlands Protection Act [WPA (Chapter 131 Section 40)]Act [WPA (Chapter 131 Section 40)]

Equivalent to the Conservation Equivalent to the Conservation Commission (“ConCom”) in other TownsCommission (“ConCom”) in other Towns

NRC – What We DoNRC – What We Do Meet twice a month under Open Meet twice a month under Open

Meeting Law, primarily to review Meeting Law, primarily to review wetland filings wetland filings

Functions of NRC:Functions of NRC: Administer state Wetlands Protection ActAdminister state Wetlands Protection Act Conservation of Concord’s natural Conservation of Concord’s natural

resourcesresources PreservationPreservation StewardshipStewardship EducationEducation CoordinationCoordination

Enabling ActsEnabling Acts

1957: 1957: Conservation Commission ActConservation Commission Act authorized towns to establish a locally authorized towns to establish a locally appointed municipal agency to plan appointed municipal agency to plan for natural resources protection, for natural resources protection, acquire important land and water acquire important land and water areas, and manage these properties.areas, and manage these properties.

1972: 1972: Wetlands Protection ActWetlands Protection Act, , Commissions were given responsibility Commissions were given responsibility for administering the state act.for administering the state act.

Need for ProtectionNeed for Protection

What are Wetlands?What are Wetlands? Areas where water covers the soil, or Areas where water covers the soil, or

is present either at or near the soil is present either at or near the soil surface, for at least two weeks during surface, for at least two weeks during the growing seasonthe growing season

Wetlands can appear dry, and not all Wetlands can appear dry, and not all flooded lands are wetlandsflooded lands are wetlands

What are Wetlands?What are Wetlands? Vary widely because of regional and local Vary widely because of regional and local

differences in soils, topography, climate, differences in soils, topography, climate, hydrology, water chemistry, vegetation, hydrology, water chemistry, vegetation, and other factors, including human and other factors, including human disturbancedisturbance

Wetlands are found from the Wetlands are found from the tundra to the tropics and on tundra to the tropics and on every continent except Antarctica every continent except Antarctica

State-protected Wetlands State-protected Wetlands Include:Include:

bogsbogs fensfens wet meadowswet meadows wooded swampswooded swamps streamsstreams

riversrivers ponds and lakesponds and lakes floodplainsfloodplains marshesmarshes swampsswamps

A protected 200-foot “riverfront A protected 200-foot “riverfront area” extends from each bank of area” extends from each bank of every river and stream having a every river and stream having a year-round (perennial) flow.year-round (perennial) flow.

WPA - 5 freshwater WPA - 5 freshwater wetlands:wetlands: Bank (has a 100-foot buffer zone)Bank (has a 100-foot buffer zone)

Bordering Vegetated Wetland (has a 100-foot Bordering Vegetated Wetland (has a 100-foot buffer zone)buffer zone)

Land Subject to Flooding (Isolated and Land Subject to Flooding (Isolated and Bordering)Bordering)

Land Under Waterbodies and Waterways Land Under Waterbodies and Waterways Riverfront Area (this is a 200-foot resource Riverfront Area (this is a 200-foot resource

area)area)

WORK WITHIN THESE AREAS MAY BE WORK WITHIN THESE AREAS MAY BE POSSIBLE; SOME RESTRICTIONS APPLYPOSSIBLE; SOME RESTRICTIONS APPLY

WPA Public InterestsWPA Public Interests Why are wetlands valuable and important?Why are wetlands valuable and important?

1.1. Public and Public and private water private water supplysupply

2.2. Groundwater Groundwater supplysupply

3.3. Flood controlFlood control

Flood control Flood control (attenuation)(attenuation)

0

5

10

15

20

25

30

1 3 5 7 9 11 13 15 17 19 21 23

Time (hours)

Dis

char

ge (c

fs)

Urban Watershed

Natural Watershed

WPA Public Interests WPA Public Interests 4.4. Storm damage prevention Storm damage prevention

WPA Public Interests WPA Public Interests

5. Pollution 5. Pollution preventionprevention

WPA Public Interests WPA Public Interests

6.6. Fisheries habitat protectionFisheries habitat protection

7.7. Wildlife habitat protectionWildlife habitat protection

8.8. Shellfish habitat protection Shellfish habitat protection (coastal areas only)(coastal areas only)

What Does All This Mean What Does All This Mean to Youto You The state Act requires that you get The state Act requires that you get

approval from the Commission to work approval from the Commission to work in a wetland resource area, within the in a wetland resource area, within the 100 ft buffer zone, or within 200 ft of a 100 ft buffer zone, or within 200 ft of a perennial stream. This includes perennial stream. This includes activities such as the following:activities such as the following: Tree removal, or vegetation clearingTree removal, or vegetation clearing Grading or excavationGrading or excavation New landscapingNew landscaping Construction of buildings, additions, Construction of buildings, additions,

septic, driveways, etc. septic, driveways, etc.

Wetland “Do’s”Wetland “Do’s” Many activities near wetland resources Many activities near wetland resources

areas are allowed and do not require areas are allowed and do not require Commission approval, such asCommission approval, such as Mowing existing lawn and/or fieldsMowing existing lawn and/or fields Working in existing gardensWorking in existing gardens Pruning and maintaining existing Pruning and maintaining existing

landscapinglandscaping Planting native vegetationPlanting native vegetation Hiking, horseback riding, and other Hiking, horseback riding, and other

passive recreationpassive recreation

Wetland “Don’ts”Wetland “Don’ts” Some activities are prohibited in Some activities are prohibited in

wetland resource areas, such aswetland resource areas, such as Dumping yard waste such as Dumping yard waste such as

leaves, brush, grass, etc or other leaves, brush, grass, etc or other waste products such as manurewaste products such as manure

Dumping dirt or other fillDumping dirt or other fill Draining a wetlandDraining a wetland

Wetland PermitsWetland Permits Notice of Intent (NOI) or Request for Notice of Intent (NOI) or Request for

Determination of Applicability (RDA) Determination of Applicability (RDA) ApplicationApplication Hearing(s)Hearing(s) Site Visit(s)Site Visit(s) Approval (Order of Conditions or Approval (Order of Conditions or Negative Determination)Negative Determination)

Note - The complexity of the approval process is Note - The complexity of the approval process is commensurate with the type and scale of the commensurate with the type and scale of the activity proposed.activity proposed.

What Would Our Bylaw What Would Our Bylaw Look Like?Look Like?

Bylaw definition: a local ordinance, or Bylaw definition: a local ordinance, or law, regulated by a municipal bodylaw, regulated by a municipal body

A Wetland Bylaw must be as A Wetland Bylaw must be as protective, or more protective, of protective, or more protective, of wetlands as the state lawwetlands as the state law

NRC Bylaw Goals:NRC Bylaw Goals: Codify 25-foot No Disturb Zone Codify 25-foot No Disturb Zone

policypolicy Local compliance Local compliance Vernal pool protectionVernal pool protection

Why Consider a Bylaw?Why Consider a Bylaw? Adopted by 194 communities in Adopted by 194 communities in

MassachusettsMassachusetts Brings compliance to a local level Brings compliance to a local level Provide vernal pool protectionProvide vernal pool protection Codifies the 25-foot No Disturb ZoneCodifies the 25-foot No Disturb Zone Would Would NOTNOT include any additional filing fees include any additional filing fees Would Would CONTINUECONTINUE to provide exemptions to provide exemptions

for farming and lawn maintenance (no for farming and lawn maintenance (no change in state exemptions)change in state exemptions)

Town planning has identified the need:Town planning has identified the need: 2004 Open Space & Recreation Plan2004 Open Space & Recreation Plan 2005 Long Range Comprehensive Plan2005 Long Range Comprehensive Plan

Bylaw Advantages Bylaw Advantages 25-foot No Disturb Zone25-foot No Disturb Zone

Codify our 25-foot No Disturb Zone Codify our 25-foot No Disturb Zone policypolicy

Science shows that work close to Science shows that work close to wetlands frequently alters the ability wetlands frequently alters the ability of a wetland to function of a wetland to function

Exceptions for pre-existing conditions Exceptions for pre-existing conditions or if no alternatives existor if no alternatives exist

50-foot No New Structures – would 50-foot No New Structures – would remain as a policy.remain as a policy.

Structures are defined as buildings, Structures are defined as buildings, barns, sheds, garages, swimming barns, sheds, garages, swimming pools, tennis courts, and new pools, tennis courts, and new driveways.driveways.

Bylaw Advantages Bylaw Advantages ComplianceCompliance

Always try to work with property owners, but Always try to work with property owners, but there are a few cases where levying fines is there are a few cases where levying fines is necessary. necessary.

No power to issue fines in extreme cases and No power to issue fines in extreme cases and depends upon an already over-burdened DEP depends upon an already over-burdened DEP for enforcement. for enforcement.

Bringing enforcement actions requires 3x Town Bringing enforcement actions requires 3x Town resources compared to a compliant filing.resources compared to a compliant filing.

Ensures consistency and fairness for all Ensures consistency and fairness for all applicantsapplicants

Bylaw Advantages Bylaw Advantages Vernal PoolsVernal Pools

Vernal pools are ephemeral pools that usually do not have fish Vernal pools are ephemeral pools that usually do not have fish populations. Certain species such as wood frogs and some populations. Certain species such as wood frogs and some salamanders require vernal pools to survive. salamanders require vernal pools to survive.

Vernal pools are not protected under the state WPA unless Vernal pools are not protected under the state WPA unless they fall within a wetland. Many vernal pools don’t occur in they fall within a wetland. Many vernal pools don’t occur in ‘regulated’ wetlands.‘regulated’ wetlands.

Vernal pool species use upland woodland habitat for the Vernal pool species use upland woodland habitat for the majority of their life cycle (except for breeding in vernal majority of their life cycle (except for breeding in vernal

pools), and is also in need of protection.pools), and is also in need of protection.

Bylaw AdvantagesBylaw Advantages The bylaw would protect certified The bylaw would protect certified vernal pools and a 100-foot buffer vernal pools and a 100-foot buffer around certified vernal pools (vernal around certified vernal pools (vernal pool habitat). pool habitat). Vernal pools in lawns or landscaped areas would be grandfathered. Vernal pools in lawns or landscaped areas would be grandfathered. Activities in vernal pools and vernal pool habitat would require a Activities in vernal pools and vernal pool habitat would require a

permitpermit Waivers may be issued for work in the 100-foot buffer zone, if the Waivers may be issued for work in the 100-foot buffer zone, if the

Applicant shows that this area is NOT used by vernal pool species Applicant shows that this area is NOT used by vernal pool species

Bylaw AdvantagesBylaw Advantages

The regulatory component of the The regulatory component of the Wetlands Conservancy District (WCD) Wetlands Conservancy District (WCD) would be removedwould be removed The WCD was developed in 1976 in order to The WCD was developed in 1976 in order to

enhance compliance with the WPAenhance compliance with the WPA The WCD would continue to be used as a The WCD would continue to be used as a

planning toolplanning tool ““Simplification”, parallel path process ZBA & Simplification”, parallel path process ZBA &

NRC to a single path – NRC. ZBA approval NRC to a single path – NRC. ZBA approval would no longer be required for work in the would no longer be required for work in the WCDWCD

Potential CostsPotential Costs

Town may have to defend decisions Town may have to defend decisions in Superior Court which places a in Superior Court which places a potential financial responsibility on potential financial responsibility on the Townthe Town

However, the money collected from However, the money collected from enforcement actions will offset this enforcement actions will offset this expenseexpense

Feedback/QuestionsFeedback/Questions

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