Wetlands and Their Protection in Concord

1. Wetlands and Their Protection in Concord Public Discussion on the Need for a Wetlands Bylaw in Concord

2. Public Meeting Objectives • Provide information on wetlands, their values, functions, and why they need further protection • Show community where wetlands are and how they are affected by various activities • Demonstrate the need for a bylaw • Obtain community input

4. Wetlands in Concord

5. Certified Vernal Pools in Concord

6. Natural Resources Commission (NRC) Who Are We? • Five volunteer citizens • Appointed by the Town Manager, and • Approved by the Board of Selectmen • Supported by Division of Natural Resources staff • Administer the state Wetlands Protection Act [WPA (Chapter 131 Section 40)] • Equivalent to the Conservation Commission (“ConCom”) in other Towns

7. NRC – What We Do • Meet twice a month under Open Meeting Law, primarily to review wetland filings • Functions of NRC: • Administer state Wetlands Protection Act • Conservation of Concord’s natural resources • Preservation • Stewardship • Education • Coordination

8. Enabling Acts • 1957: Conservation Commission Act authorized towns to establish a locally appointed municipal agency to plan for natural resources protection, acquire important land and water areas, and manage these properties. • 1972: Wetlands Protection Act, Commissions were given responsibility for administering the state act.

9. Need for Protection

10. What are Wetlands? • Areas where water covers the soil, or is present either at or near the soil surface, for at least two weeks during the growing season • Wetlands can appear dry, and not all flooded lands are wetlands

11. What are Wetlands? • Vary widely because of regional and local differences in soils, topography, climate, hydrology, water chemistry, vegetation, and other factors, including human disturbance • Wetlands are found from the tundra to the tropics and on every continent except Antarctica

12. bogs fens wet meadows wooded swamps streams rivers ponds and lakes floodplains marshes swamps State-protected Wetlands Include: A protected 200-foot “riverfront area” extends from each bank of every river and stream having a year-round (perennial) flow.

13. WPA - 5 freshwater wetlands: • Bank (has a 100-foot buffer zone) • Bordering Vegetated Wetland (has a 100-foot buffer zone) • Land Subject to Flooding (Isolated and Bordering) • Land Under Waterbodies and Waterways • Riverfront Area (this is a 200-foot resource area) • WORK WITHIN THESE AREAS MAY BE POSSIBLE; SOME RESTRICTIONS APPLY

14. WPA Public Interests Why are wetlands valuable and important? 1. Public and private water supply 2. Groundwater supply 3. Flood control

15. Flood control (attenuation)

16. WPA Public Interests 4. Storm damage prevention

17. WPA Public Interests 5. Pollution prevention

18. WPA Public Interests 6. Fisheries habitat protection 7. Wildlife habitat protection 8. Shellfish habitat protection (coastal areas only)

19. What Does All This Mean to You • The state Act requires that you get approval from the Commission to work in a wetland resource area, within the 100 ft buffer zone, or within 200 ft of a perennial stream. This includes activities such as the following: • Tree removal, or vegetation clearing • Grading or excavation • New landscaping • Construction of buildings, additions, septic, driveways, etc.

20. Wetland “Do’s” • Many activities near wetland resources areas are allowed and do not require Commission approval, such as • Mowing existing lawn and/or fields • Working in existing gardens • Pruning and maintaining existing landscaping • Planting native vegetation • Hiking, horseback riding, and other passive recreation

21. Wetland “Don’ts” • Some activities are prohibited in wetland resource areas, such as • Dumping yard waste such as leaves, brush, grass, etc or other waste products such as manure • Dumping dirt or other fill • Draining a wetland

22. Wetland Permits • Notice of Intent (NOI) or Request for Determination of Applicability (RDA) • Application • Hearing(s) • Site Visit(s) • Approval (Order of Conditions or Negative Determination) Note - The complexity of the approval process is commensurate with the type and scale of the activity proposed.

23. What Would Our Bylaw Look Like? • Bylaw definition: a local ordinance, or law, regulated by a municipal body • A Wetland Bylaw must be as protective, or more protective, of wetlands as the state law • NRC Bylaw Goals: • Codify 25-foot No Disturb Zone policy • Local compliance • Vernal pool protection

24. Why Consider a Bylaw? • Adopted by 194 communities in Massachusetts • Brings compliance to a local level • Provide vernal pool protection • Codifies the 25-foot No Disturb Zone • Would NOT include any additional filing fees • Would CONTINUE to provide exemptions for farming and lawn maintenance (no change in state exemptions) • Town planning has identified the need: • 2004 Open Space & Recreation Plan • 2005 Long Range Comprehensive Plan

25. Bylaw Advantages • 25-foot No Disturb Zone • Codify our 25-foot No Disturb Zone policy • Science shows that work close to wetlands frequently alters the ability of a wetland to function • Exceptions for pre-existing conditions or if no alternatives exist 50-foot No New Structures – would remain as a policy. • Structures are defined as buildings, barns, sheds, garages, swimming pools, tennis courts, and new driveways.

26. Bylaw Advantages • Compliance • Always try to work with property owners, but there are a few cases where levying fines is necessary. • No power to issue fines in extreme cases and depends upon an already over-burdened DEP for enforcement. • Bringing enforcement actions requires 3x Town resources compared to a compliant filing. • Ensures consistency and fairness for all applicants

27. Bylaw Advantages • Vernal Pools • Vernal pools are ephemeral pools that usually do not have fish populations. Certain species such as wood frogs and some salamanders require vernal pools to survive. • Vernal pools are not protected under the state WPA unless they fall within a wetland. Many vernal pools don’t occur in ‘regulated’ wetlands. • Vernal pool species use upland woodland habitat for the majority of their life cycle (except for breeding in vernal pools), and is also in need of protection.

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

29. Bylaw Advantages • The regulatory component of the Wetlands Conservancy District (WCD) would be removed • The WCD was developed in 1976 in order to enhance compliance with the WPA • The WCD would continue to be used as a planning tool • “Simplification”, parallel path process ZBA & NRC to a single path – NRC. ZBA approval would no longer be required for work in the WCD

30. Potential Costs • Town may have to defend decisions in Superior Court which places a potential financial responsibility on the Town • However, the money collected from enforcement actions will offset this expense

31. Feedback/Questions www.concordma.gov/pages/ConcordMA_NaturalResources