These performance standard regulations apply to all work which
will remove, fill, dredge or alter any bank, freshwater wetland (any
bog, any kettle hole, any seasonal wetland, any swamp, or any wet
meadow bordering or not bordering on a river, stream, lake or pond),
land under water bodies and waterways or land subject to flooding.
These regulations are in addition to the preceding procedural regulations.
Applicants seeking approval under the bylaw must meet all applicable
state Wetland Protection Act standards. The introduction, purpose
and performance standards stated in the WPA regulations, 310 CMR 10.51
through 10.60, shall apply. In addition, the Commission finds that
protection of the interests identified in the bylaw requires that
applicants also meet the following additional standards. Failure to
meet these standards will result in the Commission's denial of an
application.
Any proposed work in a protected resource area and any proposed
work that involves a new storm drain system or connection to an existing
storm drain system that discharges to a protected resource area shall
not result in an increase in the peak rate of surface runoff during
either a two-, ten- or one-hundred-year storm event to areas beyond
the boundaries of the property on which the activity is to be conducted.
All filings involving a new storm drain system or connection to an
existing storm drain system shall provide the Commission with a detailed
stormwater pollution prevention plan during construction, as well
as for long-term maintenance of the stormwater system. This plan shall
specify detailed construction methods for erosion control, identify
responsible parties and shall include a signed affidavit that all
conditions of the pollution prevention plan shall be met. The discharge
of any substances into the storm drain system, other than stormwater,
is strictly prohibited.
No building of any kind, or impervious surfaces or any other
facility for the temporary or permanent storage of automobiles, trucks,
or other material shall be located below the one-hundred-year flood
level without a valid order of conditions from the Conservation Commission.
A. On any application for the approval of a project involving the disturbance
of more than 20,000 square feet within a protected resource area,
the Commission may require:
(1) An analysis, by a competent wildlife biologist, of:
(a) The habitat value of the parcel of land to be disturbed and of the
adjacent area; and
(b) The impact of the proposed development on wildlife populations and
habitat value; and
(2) Proposed measures to be taken during construction and during operation
to mitigate these impacts.
B. An evaluation by the applicant of whether a proposed project will
have an adverse effect on wildlife habitat beyond the permissible
thresholds shall be performed by an individual with at least a masters
degree in wildlife biology or ecological science from an accredited
college or university, or other competent professional with at least
two years' experience in wildlife habitat evaluation.
A. Within 30 feet of a resource area, the Commission does not allow
any disturbance of the land. Minor pruning or cutting of limbs, hand-dug
tree planting, and hand-dug fencing are allowed with approval of the
Conservation Commission.
B. Within 50 feet of a resource area, the Commission does not allow
building of new structures, retaining walls, or impervious surfaces.
Additions to or reconstruction of existing structures within 50 feet
of a resource area shall be reviewed on a case-by-case basis.
C. Properties with existing structures that are currently not in compliance
with the above will not be permitted to increase their degree of nonconformance.
Existing disturbance or reconstruction within 30 feet of a resource
area shall be reviewed on a case-by-case basis.
The Conservation Commission may issue an order of conditions
permitting limited purposes as defined below, and provided they are
carried out in accordance with the following general conditions and
any additional conditions deemed necessary by the Conservation Commission.
Limited project status applies to agricultural work and forestry work
only for initial conversion prior to exempt status.
A. "Agricultural work" definition: work on land, including the maintenance,
improvement or expansion of land used primarily and directly in the
raising of animals, including but not limited to dairy cattle, beef
cattle, poultry, sheep, swine, horses, ponies, mules, goats, bees,
alpacas, llamas, camels and any other fur-bearing animals or on land
to be used in a related manner which is incidental thereto and represents
a customary and necessary use in raising such animals; and work on
land to be used primarily and directly in the raising of fruits, vegetables,
berries, nuts, and other foods for human consumption, feed for animals,
flowers, sod, trees and nursery or greenhouse products; or on land
to be used in a related manner which is incidental thereto and represents
a customary and necessary use in raising such products.
B. "Forestry work" definition: work on land to be used primarily and
directly in the raising of forest products under a planned program
to improve the quantity and quality of a continuous crop or on land
to be used in a related manner which is incidental thereto and represents
a customary and necessary use in raising such products.
C. Required conditions for agriculture and forestry work.
(1)
There shall occur no change in the existing topography or the
existing soil and surface water levels of the area.
(2)
All fertilizers, pesticides, herbicides and other such materials
shall be used in accordance with all applicable state and federal
laws and regulations governing their use, and shall not occur within
30 feet of the wetland.
(3)
All activities shall be undertaken in such a manner as to prevent
erosion and siltation of adjacent wetlands and water bodies as specified
by the U.S.D.A. Natural Resources Conservation Service Guidelines
for Soil and Water Conservation.
(4)
All streams, rivers, ponds and lakes shall be protected by a
thirty-foot-wide protective buffer of naturally occurring plant material,
except where this would be absolutely impractical.
(5)
For forestry work, there shall occur no cutting of trees or
other vegetation within 30 feet of any streams, rivers, lakes or ponds,
except where a stream or river crossing is necessary to build a temporary
access road, and the placement of slash, branches and limbs shall
not occur within 30 feet of the bank of any protected resource area.
D. Utilities. The construction, reconstruction, operation and maintenance
of underground and overhead public utilities, such as electrical distribution
or transmission lines, or communication, sewer, water or natural gas
lines, may be permitted, in accordance with the following general
conditions and any additional conditions deemed necessary by the Conservation
Commission:
(1)
The Commission may require a reasonable alternative route with
fewer adverse effects for a local distribution or connecting line
not reviewed by the Energy Facilities Siting Council.
(2)
Best available measures shall be used to minimize adverse effects
during construction.
(3)
The surface vegetation and contours of the area shall be substantially
restored.
(4)
Applications of herbicides shall not occur within 30 feet of
a wetland or water body during maintenance of the line.
(5)
All sewer lines shall be constructed to prevent inflow and leakage.
E. New roadway/driveway.
(1)
The construction and maintenance of a new roadway or driveway
of minimum legal and practical width acceptable to the Planning Board,
where reasonable alternative means of access from a public way to
an upland area is otherwise unavailable, will be considered. In determining
whether reasonable alternative means of access are available, the
Commission may consider the reasonableness of any available alternatives,
including the realignment or reconfiguration of the project to minimize
disruption of the wetlands on the site. The minimum project exemption
does not contemplate maximum development of uplands at the expense
of wetlands, which would result from locating access ways in wetland
areas to the greatest extent possible.
(2)
Such roadway or driveway shall be constructed using the best
available practices to minimize disturbance and maximize compliance
with the applicable performance standards. In addition, such roadway
or driveway shall be constructed in a manner which does not adversely
restrict the flow of surface or subsurface water and so that equivalent
flood storage is maintained.
(3)
In addition, the Conservation Commission reserves the right
to regulate the use of paving materials, including but not necessarily
limited to asphalts, oil and stone, and other surfacing products where
the limited project access road passes through sensitive wetland areas.
The Commission also reserves the right to regulate the use of de-icing
agents such as road salts on limited project access roads.
F. Maintenance and improvement of existing public roadways. These shall
be limited to widening less than a single lane, adding shoulders and
correcting substandard intersections.
G. Impoundments. The excavation of wildlife impoundments, farm ponds
and ponds for fire protection uses is allowed, provided that no fill
or other material is placed upon the wetland except as may be necessary
to construct said impoundments or ponds, to provide access thereto,
and to provide bank stabilization, with the permission of the Conservation
Commission and under any orders of condition set thereto.
H. Beaches, ramps and water structures. The following are limited waterfront
projects for which the Conservation Commission may issue an order
of conditions to protect the interests in the bylaw:
(1)
Maintenance of beaches and boat launching ramps which existed
on the effective date of these regulations.
(2)
Maintenance, repair and improvement (but not substantial enlargement)
of structures, including buildings, piers, towers, and headwalls,
which existed on the effective date of these regulations.
(3)
Construction and maintenance of catwalks, footbridges, docks,
boathouses, boat shelters, duck blinds, and observation decks; provided,
however, that such structures are constructed on pilings or posts
so as to permit the reasonably unobstructed flowage of water, minimal
damage to preexisting banks and adequate light to maintain vegetation.
I. Routine road maintenance. The routine maintenance and repair of road
drainage structures, including culverts and catch basins, drainage
easements, ditches, watercourses, and artificial water conveyances,
to ensure flow capacities which existed on the effective date of these
regulations.
J. Stream crossings. The construction of bridges over streams when all
Army Corps of Engineers Section 404 permits have been issued and the
following requirements are met:
(1)
Stream crossing construction is performed during low water periods
in the late summer, fall and winter months (July 1 to March 1).
(2)
At all times, all areas within 100 feet of the stream crossing
which are disturbed, or have vegetation removed, shall be covered
with hay mulch, or similar material to prevent erosion and siltation.
In areas of heavy activity, mulch may need to be spread each day.
(3)
Construction workers and machinery shall not work in the stream,
except where absolutely essential to complete construction activities.
(4)
Silt fences and hay bale/filter sock/baffle dikes are placed
to keep silt from the construction area from reaching the stream.
(5)
Immediately upon the completion of the stream crossing, all
bankings are to be stabilized with mesh netting or other suitable
material. Restoration of "critical edge" through replanting shrubs
and trees within 30 feet of the bank of the stream shall be accomplished
within a reasonable time.
K. Vegetation removal.
(1)
The Conservation Commission may issue an order of conditions
for projects which will improve the natural capacity of resource area(s)
to protect the interests identified in the bylaw. Such projects include,
but are not limited to, the removal of aquatic nuisance vegetation
to retard pond and lake eutrophication and the thinning or planting
of vegetation to improve habitat value. For vegetation removal using
herbicides, all Board of Health permits must be obtained before an
order of conditions is issued.
(2)
Although the Commission may issue an order of conditions permitting
the removal of aquatic nuisance vegetation, it is recommended that
homeowners around ponds and lakes affected by accelerated eutrophication
adopt a program to reduce the use of detergents and soaps with high
phosphate contents within individual homes in an attempt to curb the
problem at its source.