10.   NON-ZONING WETLANDS BYLAW

Overview

Wetlands and rivers are protected under the federal Clean Water Act, the Massachusetts Wetlands Protection Act, and the Massachusetts River Protection Act.  In addition, the Wetlands Protection Act and River Protection Act create 100-foot and 200-foot buffer zones around wetlands and rivers, respectively.  Projects that affect these protected resource areas are required to avoid impacts where possible, minimize unavoidable impacts, and mitigate for unavoidable impacts.

Local non-zoning wetlands bylaws can be used to further protect local wetland resources, beyond the protection afforded under these federal and state laws.  The bylaws and associated regulations are enforced by local conservation commissions.  Key areas where local wetlands bylaws can strengthen protection include:

  • Protection for vernal pools and isolated kettle holes that do not meet the size thresholds for protection under the Wetlands Protection Act and do not border on other water bodies.
  • Expanded direct protection for buffer areas (“lands abutting resource areas”) surrounding wetlands that provide important functions, such as stormwater mitigation, erosion control, nutrient removal, and groundwater recharge.
  • Expanded restrictions on filling and alteration of inland freshwater wetlands, paralleling similar restrictions already in place for coastal wetlands under the Wetlands Protection Act.
  • Explicit authorization for communities to assess an application fee to cover the cost of hiring a consultant to review site plans.

Local Examples

The Ipswich River watershed is rich in both freshwater and coastal wetlands, from shrub swamps, marshes, and silver maple floodplain forest to the outstanding Great Marsh.  Most towns in the watershed have passed some version of a non-zoning wetlands bylaw, including Ipswich, Topsfield, Boxford, Reading, Andover, North Andover, Beverly, Danvers, Hamilton, Wenham, Lynnfield, and Peabody.  Most of the towns have also passed supporting regulations that expand and clarify local requirements for wetlands protection.

Ipswich, for example, uses its local bylaw to extend protection to the Parker River/Essex Bay Area of Critical Environmental Concern, and clarifies in its wetlands regulations certain activities requiring conservation commission review and permitting: wetland crossings with machinery for septic system percolation testing; soil exploration by auguring or with excavators; clearing of trees or vegetation for the purpose of landscaping or creating vistas; well drilling; construction of accessory structure; and harvesting of saltmarsh hay.  Boxford’s wetlands regulations require permit applicants to consider all practicable and substantially equivalent economic alternatives to a proposed project.

Resources

Cape Cod Commission, Model Wetlands and Wildlife Habitat Bylaw and Regulation (html)

Massachusetts Association of Conservation Commissions (html)

MACC Model Non-Zoning Wetlands Protection Bylaw/Ordinance (doc)

Database of Wetland Bylaws, Regulations and Policies for Massachusetts Cities, Towns and Municipalities (html)

 

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