What Laws Protect Wetlands?
In Foxborough, our wetland laws include the State’s Wetlands Protection Act (M.G.L. Chapter 131, Sec. 40) and Foxborough's Wetlands and Groundwater Protection Bylaw (Article IX). Both laws require landowners to secure wetland permits from the Conservation Commission before performing any work within 100 feet of a wetland or within 200 feet of a stream. Violation of these laws can result in enforcement actions or even fines.
What Do I Need to Know About the Wetland Laws?
Wetlands Protection Act
The Massachusetts Wetlands Protection Act prohibits any filling, excavation or alteration of the land surface, water levels or vegetation in wetlands, floodplains, riverfront areas or other wetland resource areas, regardless of ownership, without a permit from the local Conservation Commission.
Regulations for the Act (310 CMR 10.00) are issued by the Massachusetts Department of Environmental Protection (DEP). The DEP also issues policy statements and guidance documents for clarification of issues.
The eight interests of the Act which serve to preserve and protect wetlands are:
Preventing pollution;
Reducing the effects of potential flooding;
Storm damage prevention;
Protecting groundwater supplies;
Protection of fisheries;
Protection of land containing shellfish;
Maintaining habitats for plants and wildlife; and
Protecting public and private water supplies.
The Act gives town Conservation Commissions the discretionary authority to:
Determine which resource areas within its jurisdiction are protected,
Regulate work in these areas, and
Enforce the wetlands regulations.
Foxborough's Wetlands and Groundwater Protection Bylaw (Article IX)
Article IX protects Foxborough’s natural assets, including wetlands, related water resources, and certain adjoining upland areas, by providing for prior review and control of activities deemed to have a significant or cumulative adverse effect upon protected resource values. Activities within 100 feet of a wetland or vernal pool, or 200 feet of a stream are subject to protection under the Bylaw.
The protected resource values of the Bylaw include, but are not limited to the following:
Public or private water supplies, groundwater;
Flood control, erosion control;
Storm damage prevention;
Prevention of pollution;
Wildlife habitat;
Vernal pool habitat and areas within 100 feet of the vernal pool; and
Preservation of open space,
deemed important by the community.
What Does the Conservation Commission Do?
The Commission has the statutory responsibility of administering the Wetlands Protection Act, its Regulations, Foxborough’s Article IX, and other relevant laws, including the Rivers Protection Act. The Conservation Commission also manages approximately 1,500 acres of land, donated or purchased for open space preservation and/or wetland protection purposes.
What are Wetlands?
Wetlands are low-lying areas where water tends to collect and saturate the ground, defined by the types of plants that grow in them such as jewel weed, skunk cabbage or swamp azaleas and by other signs of hydrology. An area that is soggy or mushy in the spring time, but dry during the remainder of the year, may be a “jurisdictional” wetland. Protected wetlands include: ponds, streams, rivers, vernal pools, swamps, wet meadows, and lands that are subject to flooding (i.e. flood plain).
A depression in the ground that floods in the springtime may be a vernal pool. These unique and fascinating habitats can support a wealth of unique wildlife including threatened species. Article IX protects vernal pools and the surrounding upland areas within 100 feet.
What Does This All Mean?
In general, you are not allowed to alter, clear, cut, fill, grade, landscape, build or dump (not even leaves, grass clippings, dirt or your swimming pool’s water) in the following areas (unless you have a valid wetland permit from the Conservation Commission):
Wetland Resource Areas (including wetlands, swamps, streams, ponds, floodplains and vernal pools);
100-Foot Buffer Zones (the upland areas next to a Wetland Resource Area);
Riverfront Areas (the upland areas within 200 feet of a year-round stream); or
Foxborough 25 Foot No Touch Zone (the upland area next to a wetland).
Why Protect Wetlands?
State and local laws protect wetlands because of their importance to our quality of life. They provide priceless, yet “free,” services including:
Water Supply: Wetlands help to protect our public and private water supplies’ quality and quantity by allowing storm water to filter slowly into the ground. Wetlands plants and soils also absorb excess nutrients and trap many kinds of pollution, filtering water before it reaches our streams.
Flood Control: Wetlands prevent storm damage by storing floodwater and then slowly releasing it down-stream, thus reducing flood levels.
Wildlife: A wide variety of animals, including herons, songbirds, ducks, hawks, owls, otters, muskrats, fishers, raccoons, deer, foxes, turtles, salamanders, frogs, snakes, fish and insects live in Foxborough’s numerous wetlands. Wetlands and their naturally vegetated edges, often referred to as “buffer zones,” provide a place for our wildlife to feed, breed and live.
Scenic Vistas: These wild wet places also contribute to the scenic beauty of our town.
Massachusetts has lost nearly a third of its original natural wetlands acreage to agricultural, commercial, and residential development. The cost of this loss may include degraded water quality, increased storm damage, and depleted wildlife and plant populations.
If I Think that State or Local Wetland Laws Apply, What Next?
You may file a Request for Determination for small projects in which no alteration of a wetland resource area is proposed.
For larger, more complex or sensitive projects you must complete and submit a Notice of Intent (NOI) form with an engineered plan. In addition, application fees, abutter notification and legal notice in a local newspaper of the NOI hearing, will also be required.
The Commission will review your proposed project during a scheduled meeting and will issue an Order of Conditions, detailing how you must proceed with your project. Your Order of Conditions will need to be recorded at the Norfolk Registry of Deeds. Proof of the recording must be received by the Conservation Commission before your project may begin.
After I Have a Final Order of Conditions, How Long Do I Have to Finish the Approved Work?
Under Article IX, you will have one year to finish your project. If the project has not been completed by that time, you may request a one-year Extension Permit. This request, noting reasons for the extension, must be received before your Order expires.
The Work is Completed, Now What?
You will need to file a Request for a Certificate of Compliance (CoC), DEP form 8A. A CoC (issued by the Conservation Commission) is required to clear your title at the Registry of Deeds.
An as-built plan and a letter from your engineer, stating that your project was completed in compliance with your Order of Conditions, will need to be filed with your request for a CoC. The Commission will review your request and, as appropriate, issue your Certificate of Compliance during a public meeting.
What Happens When a Project is Begun, But is in Violation of Wetland Laws?
The Conservation Commission may issue a “Cease & Desist” Enforcement Order which may include fines. In addition to stopping the work, the landowner may be required to correct the violation, even if it means putting the land back to its former conditions.
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