The term "vernal pool" is defined in Chapter 119-9 of the Code
of the Town of Harvard. It is not necessary for a pool to be certified
by the Massachusetts Natural Heritage and Endangered Species program
to enjoy protection. It shall be the applicant's responsibility to
indicate the location of possible vernal pools and vernal pool habitat
on the subject property.
For the purposes of overcoming the presumption of a vernal pool
habitat the Commission will consider:
A.
Evidence that the ponding area does not hold water for at least two
continuous months when not in a period of extended drought.
B.
Evidence that vernal pool species do not breed or have not bred in
the ponding area.
C.
Evidence that the ponding area could not be a viable breeding site
for vernal pool species due to incompatible physical, chemical, biological,
or other persistent conditions at the site in most years.
Many of the indicators of vernal pool habitat are seasonal.
For example, certain salamander egg clusters are only found between
late March and late May. Wood frog chorusing only occurs between late
March and May. Consequently, failure to find evidence of breeding
must be tied explicitly to those periods during which the evidence
is most likely to be available. Accordingly, in the case of challenges
to the presumption of vernal pool habitat, the Conservation Commission
may require that the determination be postponed until the appropriate
time period consistent with the evidence being presented. The Commission
may also require its own site visits as necessary to confirm the evidence
plus the use of consultants as needed.
