As expressed in §
240-1 of the bylaw, the Commission seeks to establish measures to protect the Town's wetlands and ensure that their values, as listed in the bylaw, are maintained. The following measures are required to prevent a net loss of wetlands and their values.
A. Rationale for no net loss policy. Natural wetlands perform many functions
and it is not possible to replicate all of them. Furthermore, it is
difficult even to determine which functions are most probably or exclusively
being performed in a given wetland area. Therefore, destruction or
alteration of wetlands should only be undertaken most cautiously and
only as a last resort. Applicants are advised that the Commission
will require wetland replication based on the latest available scientific
information and practices and will require replication on at least
a 2:1 basis in order to increase the likelihood of success of the
replication effort. Design of replacement wetlands should be based
upon a quantitative showing of the functions operating in the natural
wetland.
B. Sequence to prevent wetland loss. The applicant shall submit an analysis
of alternatives, with the following "sequencing" approach used to
evaluate any proposed wetland loss:
(1) Avoidance. A permit will be issued only for the least environmentally
damaging practicable alternative. It is the obligation of the proponent
to present this alternative for any non-water-dependent activity.
Compensatory mitigation or wetland replication will not qualify as
avoidance.
(2) Minimization. Once the test of avoidance has been met, a proposal
should minimize its adverse impacts through project modifications.
It is the burden of the applicant to take all appropriate and practicable
steps to minimize the impacts.
(3) Mitigation. After the avoidance and minimization tests have been
met, all lost wetlands and resource areas shall be restored or replicated
to previous natural vegetated conditions or better on at least a 2:1
basis, with the focus being on replacement or restoration of function
and acreage. All mitigation shall be performed in South Hadley.
The Commission, at its sole and reasonable discretion, may issue
a permit for the limited projects identified in the WPA regulations,
310 CMR 10.53(3), with the same or additional performance standards,
such as limits on road width, location or number of driveway crossings.
The Commission has the discretion to permit with conditions as needed
to ensure that the interests of the bylaw are protected.