A.
Definitions of selected words, terms and phrases used in these Regulations
are provided below. Definitions of Resource Areas are also found in
subsequent sections for each Resource Area. Capitalized terms used
in these Regulations but not otherwise defined in these Regulations
shall have the meanings set forth in the Massachusetts Wetlands Regulations
at 310 CMR 10.00 et seq. Where applicable, the definitions, presumptions
of significance, and performance standards, set forth in the Bylaw
or the Massachusetts Wetlands Regulations, 310 CMR 10.00 et seq.,
are hereby incorporated herein only when no definitions, presumptions
of significance or performance standards are given in these regulations.
B.
ACTIVITY
AESTHETICS
AGRICULTURE
ALTER
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
APPLICANT
AQUACULTURE
COASTAL WETLAND
COLD-WATER FISHERY
CONSERVATION PERMIT
CUMULATIVE EFFECTS
DE MINIMIS ACTIVITY
DEPARTMENT OF ENVIRONMENTAL PROTECTION OR DEP
ENDANGERED SPECIES
EROSION AND SEDIMENTATION CONTROL
(1)
(2)
FLOOD CONTROL
GROUNDWATER
MINIMIZE ADVERSE EFFECT
MITIGATION
MITIGATION PERMIT
NATURALLY VEGETATED CONDITION
NAVIGATION
PERSON
PIER
POLDER
PRIVATE WATER SUPPLY
PUBLIC WATER SUPPLY
QUALIFIED CONSULTANT
RARE SPECIES HABITAT
RECREATION
RESOURCE AREA
SIGNIFICANT
SPECIES OF SPECIAL CONCERN
STORM DAMAGE PREVENTION
STRUCTURE
SURFACE WATER BODY
TRUST LANDS
UNVEGETATED WETLAND RESOURCE AREAS
VALID CONSERVATION PERMIT
WETLAND DELINEATION
(1)
(2)
WETLAND PLANTS
WILDLIFE HABITAT
WORK
As used in this chapter, the following terms shall have the meanings
indicated:
Any form of draining, dumping, dredging, damming, discharging,
excavating, filling or grading; the erection, reconstruction or expansion
of any buildings or structures; the driving of pilings; the construction
or improvement of roads and other ways; the changing of run-off characteristics;
the intercepting or diverging of ground or surface water; the installation
of drainage, sewage and water systems; the discharge of pollutants;
the destruction of plant life and any other changing of the physical
characteristics of land.
The retention or improvement of natural conditions, including
natural lighting, sound, odors and significant trees, as at the time
are experienced by the general public from public ways, including
waterways. Activities in or within 100 feet of any resource area shall
not have significant adverse or cumulative adverse effects on aesthetic
values.
Any work which produces food or other products for commerce
or subsistence which occurs in, on, or within 100 feet of a resource
area or which is directly or indirectly dependent upon wetlands values
for proper agricultural functions, such as prevention of pollution
or maintenance of adequate water flow for irrigation. Agriculture
includes, but is not limited to the growing of crops, including cranberries,
and the raising of livestock. Nonagricultural activities in or within
100 feet of resource areas shall not have a significant adverse or
cumulative adverse effect on existing agriculture. Notwithstanding
this definition, new or expanded agricultural activities shall not
have a significant adverse or cumulative adverse effect on other wetlands
values identified in the Bylaw.
To change the condition of any area subject to protection
under these regulations. Examples of alterations include, but are
not limited to, the following:
The changing of preexisting drainage characteristics, flushing
characteristics, salinity distribution, sedimentation patterns, flow
patterns and flood-retention areas;
The lowering of the water level or water table;
The destruction of vegetation, including eel grass;
The changing of water temperature, biochemical oxygen demand
(BOD), or other physical, biological or chemical characteristics of
any water;
Removal, excavation or dredging of soil, sand, gravel or aggregate
material of any kind;
Dumping, discharging or filling with any material which may
degrade water quality;
Placing of fill, or removal of material, which would Alter elevation;
Placing of obstructions or objects in water (other than boats,
moorings, fish or shellfish traps, pens or trays used in conjunction
with aquaculture, or aids to navigation);
Driving of piles, erection or repair of buildings or structures
of any kind;
Application of pesticides or herbicides.
Any person who submits a Conservation Permit to the Commission,
or on whose behalf such a permit is submitted to the Commission. The
Commission, at its discretion, shall require the applicant, or the
applicant's representative, to appear before the Commission at
all stages of the permitting process. Failure to comply with this
provision shall result in denial without prejudice.
Is the growing, raising, breeding, storing, or producing of specified aquatic or marine organisms at specified locations for commercial, municipal, or scientific purposes as approved by appropriate agencies. Organisms in aquacultural use include, but are not limited to: shellfish, such as oysters, quahogs, clams, lobsters, mussels, scallops and crabs; finfish, such as trout, eel, herring, salmon, smelt and bass; amphibians, such as frogs; reptiles, such as turtles; seaweeds, such as Irish moss and dulse; edible freshwater plants, such as watercress; and plankton grown as a food source for other organisms. Activities in or within 100 feet of a resource area shall not have a significant adverse or cumulative adverse effect on existing permitted aquaculture. Notwithstanding this definition, new or expanded aquacultural activities shall not have a significant adverse or cumulative adverse effect on other wetlands values set forth in Chapter 294, Wetlands Protection By-Law.
Any bank, marsh, swamp, meadow, flat or other lowland, or
shellfish habitat subject to tidal action or coastal storm flowage.
Waters in which the mean of the maximum daily temperature
over a seven-day period generally does not exceed 68° F. (20°
C.) and, when other ecological factors are favorable (such as habitat)
are capable of supporting a year-round population of cold-water stenothermal
aquatic life such as trout. Waters designated as cold-water fisheries
by the Department in 314 CMR 4.00: Massachusetts Surface Water Quality
Standards and waters designated as cold-water fishery resources by
the Division of Fisheries and Wildlife are cold-water fisheries. Waters
where there is evidence based on a fish survey that a cold-water fish
population and habitat exist are also cold-water fisheries. Cold-water
fish include but are not limited to brook trout (Salvelinus fontinalis),
rainbow trout (Oncorhynchus mykiss), brown trout (Salmo trutta), creek
chubsucker (Erimyzon oblongus) and fallfish (Semotilus corporalis).
A Determination of Applicability (DOA), an Order of Resource
Area Delineation (ORAD), an Order of Conditions (OOC), Mitigation
Permit, as defined herein, and/or a written opinion issued by the
Commission and/or by the Conservation Administrator with the approval
of the Commission.
Are activities regulated under this chapter which may be
individually minor, but when considered in relation to other past,
present or future activities in a given area may be significant in
the aggregate.
Any activity which, in the judgement of the Conservation
Commission will have minimal, if any, adverse effect on a resource
area does not require a conservation permit.
The Commonwealth of Massachusetts Department of Environmental
Protection or its successor entity in the event of any reorganization
of the state agencies by the Commonwealth of Massachusetts.
Any plant or animal listed by the Massachusetts Division
of Fisheries and Wildlife Natural Heritage and Endangered Species
Program (NHESP) as endangered, threatened, or special concern.
Erosion Control is the ability of the wetland to buffer forces
or processes which would threaten or cause to be threatened the stability
of landforms and the soil and/or vegetation associated with wetlands
and adjoining land areas, in particular, coastal and inland banks.
Erosion can be caused by a wearing away of the surface soil or by
undermining the interior portion of the landform. Activities in or
within 100 feet of resource areas shall not have a significant adverse
or cumulative adverse effect on natural erosion processes.
Sedimentation Control is the ability of wetlands to settle out
sediments and other waterborne material by reducing water flow by
passing it through vegetation or by diffusing flow and reducing velocity.
Activities in or within 100 feet of resource areas shall not significantly
accelerate or impede the rate of natural sedimentation.
Is the ability of wetlands to absorb, store and slowly release
floodwaters to minimize peak flood levels. Flooding can be caused
by precipitation or a rising water table. Activities within 100 feet
of resource areas shall not alter the flood control value of wetlands
significantly.
Is all subsurface water contained in natural geologic formations
or artificial fill, including soil water in the zone of aeration.
Activities in or within 100 feet of resource areas shall not significantly
alter the existing quality or elevation of naturally occurring groundwater.
To make as small as possible, to achieve the least amount
of a significant adverse or cumulative adverse effect that can be
attained using best available measures or best practical measures,
whichever is referred to in the pertinent section.
An activity approved by the Commission as part of the Conservation
Permitting process to offset adverse impacts associated with the proposed
work to the Resource Areas, or their wetland values under the Bylaw.
A permit which allows the use of land within the buffer zone
under a special exception to these regulations. Any intrusion into
buffer zone setbacks or alteration of buffer zone habitat shall be
considered adverse and shall be mitigated by counterbalancing beneficial
actions which offset these adverse impacts by a minimum of 110%. Issuance
of Mitigation Permits is allowed only in the Buffer Zone Resource
Area and will only be granted after an affirmative vote of three fourths
of the full Commission.
An area on a lot or parcel of land, or portion thereof, that
is left in a natural, undisturbed vegetative state; has existed in
a primarily natural, undisturbed state, but has been or may be enhanced
with indigenous plantings conducive to improved Wildlife Habitat according
to a plan/report approved by the Commission; or has been disturbed,
but is revegetated with indigenous plantings that will return the
land to its pre-disturbed condition according to a plan/report approved
by the Commission.
The ability to traverse a waterway and is part of the wetland
value of Recreation under the Bylaw.
Is any individual, group of individuals, associations, partnership,
corporation, company, business organization, trust, estate, the commonwealth
or political subdivision thereof to the extent subject to Town ordinances,
administrative agency, public or quasi-public corporation or body,
the Town of Marshfield, and any other legal entity, its legal representatives,
agents, or assigns.
The entire structure of any pier, dock, wharf, walkway, bulkhead
or float, and any part thereof including pilings, ramps, walkways,
stairs, platforms, floats and/or tie-off pilings attached to the shore,
including seasonal structures.
A low-lying tract of land enclosed by embankments known as
"dikes" that forms an artificial hydrological entity, meaning it has
no connection with outside water other than through man operated devices.
In Marshfield, the Polder is that area identified as the Green Harbor
Reclamation Area on the plan titled "Plan Showing Boundaries of Green
Harbor Reclamation District," dated February 1925, Plymouth Registry
of Deeds, Plan Book 1, Page 142.
Is any source or volume of surface or groundwater demonstrated
to be in private use or shown to have potential for private use, including
ground or surface water in the zone of contribution around a private
well. Activities in or within 100 feet of a resource area shall not
have a significant adverse or cumulative adverse effect on the quality
of a private water supply.
Is any source or volume of surface or ground water demonstrated
to be in public use or approved for water supply pursuant to MGL c.
111, § 160, by the Department of Environmental Quality Engineering
Division of Water Supply, or demonstrated to have a potential for
public use, in addition to all surface and ground water in zones of
contribution. Activities within 100 feet of resource areas shall not
have a significant adverse or cumulative adverse effect on the quality
of a public water supply.
An individual who, in the opinion of the Commission and by
reason of education and experience, has developed skill or knowledge
in a particular subject, so that he or she may form an opinion that
will assist the Commission in finding of fact.
Areas that are utilized by threatened, rare, or endangered
plant or animal species, or Species of Special Concern; or species
on the Watch List; or Priority Sites of Rare Species Habitat; or Exemplary
Natural Communities (all of which are defined and determined by the
Massachusetts Division of Fisheries and Wildlife, Natural Heritage
and Endangered Species Program).
The use and enjoyment of our natural surroundings in a manner
consistent with their preservation. Recreational activities should
not hinder access to coastal and inland resources. Activities that
shall be considered part of the use and enjoyment of our natural surroundings
in a manner consistent with their preservation shall include but not
be limited to recreational boating, swimming and shellfishing. The
Commission's analysis of the project's effect on the wetland
value of recreation should be relative to a proposal's potential
impacts on other protected wetland values, with priority given to
enhancing and protecting those recreational values which are not detrimental
to the continued natural functions of wetlands or their wetland values.
Plays a role. A Resource Area is significant to a wetland
value when the Resource Area plays a role in the provision or protection
of that wetland value.
Any species of plant or animal which has been documented
by biological research and inventory to have suffered a decline that
could threaten the species if allowed to continue unchecked or that
occurs in such small numbers or with such a restricted distribution
or specialized habitat requirements that it could easily become threatened
within the commonwealth as defined by the Massachusetts Natural Heritage
and Endangered Species Program (NHESP).
Is the ability of wetland soils, vegetation and physiography
to prevent damage caused by water from storms, including but not limited
to: erosion and sedimentation; damage to vegetation, property or buildings;
or damage caused by flooding, waterborne debris or waterborne ice.
Activities in or within 100 feet of a resource area shall not have
a significant adverse or cumulative adverse effect on storm damage
protection.
A combination of materials assembled at a fixed location
to give support or shelter, including but not limited to a building,
bridge, driveway, trestle, tower, framework, retaining wall, tank,
tunnel, stadium, reviewing stand, shed, platform, deck, fence, sign,
flagpole, windmill, solar devices, tennis courts, swimming pools,
impervious paved areas, utility pipeline, or anything requiring a
building permit.
Is any area where water or ice stands or flows over the surface
of the ground for at least five months of any calendar year except
in times of severe, extended drought as defined in appropriate section
of 310 CMR. Drainage ditches, exclusive of fish runs and intermittent
streams, and impoundment areas which hold or pass water only during
or for short periods following storms and which, owing to their relationship
to groundwater, do not support wetland vegetation, are excluded from
this definition.
Are lands impressed with public trust rights protected by
the commonwealth, including great ponds; and tidelands, being present
and former submerged lands and tidal flats lying between the natural
high-water mark and the state limit of seaward jurisdiction. Tidelands
include both flowed and filled tidelands, and privately owned and
publicly owned tidelands.
Are coastal areas, such as flats and unvegetated intertidal
areas; coastal and freshwater beaches, dunes and banks; and land subject
to flooding. Also, inland areas subject to flooding which do not support
wetland vegetation, but which store at least 1/4-acre feet of water
to an average depth of six inches at least once a year, and land areas
two feet or less vertically above the high-water mark of any lake
or pond defined by 310 CMR. Does not include swimming pools, artificially
lined ponds or pools, wastewater lagoons or stormwater runoff basins,
the construction of which may be regulated, but do not themselves
constitute regulated areas.
A Conservation Permit that has been approved, or approved with special conditions, by the Conservation Commission and which has not expired and has met all the regulations and requirements under Chapters 294 and these Regulations.
The procedures used to establish a line connecting wetland delineation
flags and/or applicable test plot which defines the upper limit of
a plant community where 50% or more of the individual plants are included
in facultative (FAC), facultative wetland (FACW), or obligate wetland
(OBL) categories in the National List of Plant Species That Occur
in Wetlands: U.S. Fish & Wildlife Service, U.S. Department of
the Interior, 1988 or plants exhibiting physiological or morphological
adaptations to life in saturated or inundated conditions. In addition
to vegetation a delineation methodology shall include an evaluation
of hydrology and soils using MassDEP's Massachusetts Handbook
for Delineation of Bordering Vegetated Wetlands (Second Edition, September
2022) or the latest edition of said Handbook when the delineation
was accomplished. Wetlands shall be delineated by the applicant's
Qualified Consultant using this Handbook.
For sites where there is a dispute regarding the location of
the delineated wetlands line, the delineation shall be redone using
the methodology according to the U.S. Army Corps of Engineers Wetlands
Delineation Manual dated January 1987 (Technical Report Y-81-1) as
modified by the Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Northcentral and Northeast Region, (Version 2.0)
dated January 2012. Based on the scientific evidence presented, the
final decision regarding the location of the delineated line shall
be made by a majority vote of the Commission. When the boundary is
not presumed accurate or to overcome the lack of clear and credible
evidence, additional information shall be submitted to the Commission
by a Qualified Consultant selected by the Commission and paid for
by the Applicant. The submittal by the Commission's qualified
consultant may necessitate the applicant's qualified consultant
to submit additional information. The Commission maintains sole discretionary
authority relative to a determination that a wetland delineation is
accurate.
Any plant listed in the U.S. Fish and Wildlife Service "National
List of Plant Species That Occur in Wetlands: Massachusetts 1988"
and condensed by the Massachusetts Department of Environmental Protection,
Division of Wetlands and Waterways, April 1995, having an indicator
category of obligate wetland (OBL), facultative wetland (FACW), or
facultative (FAC).
Areas which, due to their plant community composition and
structure, hydrologic regime or other characteristics, provide food,
shelter, migratory or overwintering areas, or breeding areas for animals.
This includes all areas in a Naturally Vegetated Condition.
The same as Activity.
