Non-Zoning Wetlands Non-Zoning Wetlands

Bylaw Bylaw

Public HearingPublic Hearing

January 15, 2009January 15, 2009

Wetlands in ConcordWetlands in Concord

Certified Vernal Pools in Certified Vernal Pools in ConcordConcord

Town Planning Town Planning DocumentsDocumentsOpen Space and Recreation

Plan 2004 (October 2004) “The town should adopt its own

wetland- protection bylaw….” (page 124)

Comprehensive Long Range Plan

(March 2005) “Goal NR-1: Preserve existing

natural resources.”

“Objective NR-1.3.1 Develop a town wetlands protection bylaw”… (page 113)

What Does All This Mean What Does All This Mean to Youto You The state Act requires that you get The state Act requires that you get

approval to work in a wetland resource approval to work in a wetland resource area, within the 100- foot buffer zone, area, within the 100- foot buffer zone, or within 200 feet of a perennial stream. or within 200 feet of a perennial stream. This includes activities such as the This includes activities such as the following:following: Tree removal, or vegetation clearingTree removal, or vegetation clearing Grading or excavationGrading or excavation New landscapingNew landscaping Construction of buildings, additions, Construction of buildings, additions,

septic, driveways, etc. septic, driveways, etc.

Non-zoning Wetlands Bylaw

- 25 foot NDZ in Buffer Zone

- Compliance/Enforcement

- Buffer Zone for Certified Vernal Pools

TODAY FUTURE

Mass Wetlands Protection Act (MGL Chap. 131, Section 40) and Regulations (310 CMR 10.000)

Mass Rivers Protection Act (MGL Chap 258)

Policy – 25 ft NDZ in Buffer Zone

No non-criminal disposition authority (assessing fines for violators)

Mass Wetlands Protection Act (MGL Chap. 131, Section 40) and Regulations (310 CMR 10.00)

Mass Rivers Protection Act (MGL Chap 258)

No Buffer Zone for Certified Vernal Pools

Bylaw Advantages Bylaw Advantages 25-foot No Disturb Zone25-foot No Disturb Zone

Codify our 25-foot No Disturb Zone Codify our 25-foot No Disturb Zone policypolicy

Science shows that work close to Science shows that work close to wetlands frequently alters the ability wetlands frequently alters the ability of a wetland to function of a wetland to function

Exceptions for pre-existing conditions Exceptions for pre-existing conditions or if no alternatives existor if no alternatives exist

50-foot No New Structures – would 50-foot No New Structures – would remain as a policy.remain as a policy.

Structures are defined as buildings, Structures are defined as buildings, barns, sheds, garages, swimming barns, sheds, garages, swimming pools, tennis courts, new driveways, pools, tennis courts, new driveways, new roads.new roads.

Bylaw Advantages Bylaw Advantages ComplianceCompliance

Always try to work with property owners, but Always try to work with property owners, but there are a few cases where levying fines is there are a few cases where levying fines is necessary. necessary.

No power to issue fines in extreme cases and No power to issue fines in extreme cases and depends upon an already over-burdened DEP depends upon an already over-burdened DEP for enforcement. for enforcement.

Ensures consistency and fairness for all Ensures consistency and fairness for all applicantsapplicants

Bylaw allows the Natural Resources Director, Bylaw allows the Natural Resources Director, or other designee of the Town Manager, to or other designee of the Town Manager, to issue fines up to $300 (can be appealed to the issue fines up to $300 (can be appealed to the NRC)NRC)

Bylaw Advantages Bylaw Advantages Vernal PoolsVernal Pools

Vernal pools are ephemeral pools that usually do not Vernal pools are ephemeral pools that usually do not have fish populations. Certain species such as wood have fish populations. Certain species such as wood frogs and some salamanders require vernal pools to frogs and some salamanders require vernal pools to survive. survive.

Vernal pools are not protected under the state WPA Vernal pools are not protected under the state WPA unless they fall within a wetland. Many vernal pools unless they fall within a wetland. Many vernal pools don’t occur in ‘regulated’ wetlands.don’t occur in ‘regulated’ wetlands.

Vernal pool species use upland woodland habitat for Vernal pool species use upland woodland habitat for the majority of their life cycle (except for breeding in the majority of their life cycle (except for breeding in vernal pools), and is also in need of protection.vernal pools), and is also in need of protection.

Bylaw AdvantagesBylaw Advantages The bylaw would protect certified The bylaw would protect certified vernal pools and a 100-foot buffer vernal pools and a 100-foot buffer around certified vernal pools (vernal around certified vernal pools (vernal pool habitat). pool habitat). Vernal pools in lawns or landscaped areas would be grandfathered. Vernal pools in lawns or landscaped areas would be grandfathered. Activities in vernal pools and vernal pool habitat would require a Activities in vernal pools and vernal pool habitat would require a

permitpermit For work in forested parts of the 100-foot buffer zone, the Applicant For work in forested parts of the 100-foot buffer zone, the Applicant

will need to show that this area is NOT used by vernal pool species. will need to show that this area is NOT used by vernal pool species.

Bylaw AdvantagesBylaw Advantages

The regulatory component of the The regulatory component of the Wetlands Conservancy District (WCD) Wetlands Conservancy District (WCD) would be removedwould be removed The WCD was developed in 1976 in order to The WCD was developed in 1976 in order to

enhance compliance with the WPAenhance compliance with the WPA The WCD would continue to be used as a The WCD would continue to be used as a

planning toolplanning tool ““Simplification”, parallel path process ZBA & Simplification”, parallel path process ZBA &

NRC to a single path – NRC. ZBA approval NRC to a single path – NRC. ZBA approval would no longer be required for work in the would no longer be required for work in the WCDWCD

Changes from the 11/14/08 Changes from the 11/14/08 draft to the 12/19/08 draftdraft to the 12/19/08 draft

Removed recreation and aesthetics (§1)Removed recreation and aesthetics (§1) Clarified exemption for routine home repairs (§3.A.1)Clarified exemption for routine home repairs (§3.A.1) Clarified lawn maintenance to include gardens and hazard Clarified lawn maintenance to include gardens and hazard

trees (§3.B.1)trees (§3.B.1) Modified exemption to include sewer and road repairs Modified exemption to include sewer and road repairs

(§3.D)(§3.D) Clarified alter definitions (§4)Clarified alter definitions (§4) Included administrative approvals (§7.1)Included administrative approvals (§7.1) Included 25-foot No Disturb Zone language in bylaw (§7.4.E)Included 25-foot No Disturb Zone language in bylaw (§7.4.E) Revised Enforcement language to clarify fines issued by the Revised Enforcement language to clarify fines issued by the

Natural Resources Director or Town Manager designee Natural Resources Director or Town Manager designee (§9.4)(§9.4)

Included fines in bylaw language (§9.4.A)Included fines in bylaw language (§9.4.A) Added language that fines could be appealed to the NRC Added language that fines could be appealed to the NRC

(§9.5B)(§9.5B)

Changes from the 12/19/08 Changes from the 12/19/08 draft to the 1/15/09 draftdraft to the 1/15/09 draft

Restructured jurisdiction for clarity (§2)Restructured jurisdiction for clarity (§2) Added fence maintenance to clarify exemption Added fence maintenance to clarify exemption

(§3.A.4)(§3.A.4) Removed written notice requirement for agriculture Removed written notice requirement for agriculture

exemption (§3.B.2)exemption (§3.B.2) Added erosion control to road maintenance Added erosion control to road maintenance

exemption (§3.D.)exemption (§3.D.) Added language to include Town Manager in legal Added language to include Town Manager in legal

action sections (§9.4 & 9.5)action sections (§9.4 & 9.5) Grammatical changesGrammatical changes

Feedback/QuestionsFeedback/Questions

www.concordma.gov/pages/ConcordMA_NaturalResources