1. Wetlands and Their Protection in Concord Public Discussion on the Need for a Wetlands Bylaw in Concord

2. Public Meeting Objectives Provide information on wetlands, their values, functions, and why they need further protection Provide information on wetlands, their values, functions, and why they need further protection Show community where wetlands are and how they are affected by various activities Show community where wetlands are and how they are affected by various activities Demonstrate the need for a bylaw Demonstrate the need for a bylaw Obtain community input Obtain community input

4. Wetlands in Concord

5. Certified Vernal Pools in Concord

6. Natural Resources Commission (NRC) Who Are We? Five volunteer citizens Five volunteer citizens Appointed by the Town Manager, and Appointed by the Town Manager, and Approved by the Board of Selectmen Approved by the Board of Selectmen Supported by Division of Natural Resources staff Supported by Division of Natural Resources staff Administer the state Wetlands Protection Act [WPA (Chapter 131 Section 40)] Administer the state Wetlands Protection Act [WPA (Chapter 131 Section 40)] Equivalent to the Conservation Commission (“ConCom”) in other Towns Equivalent to the Conservation Commission (“ConCom”) in other Towns

7. NRC – What We Do Meet twice a month under Open Meeting Law, primarily to review wetland filings Meet twice a month under Open Meeting Law, primarily to review wetland filings Functions of NRC: Functions of NRC: Administer state Wetlands Protection Act Administer state Wetlands Protection Act Conservation of Concord’s natural resources Conservation of Concord’s natural resources Preservation Preservation Stewardship Stewardship Education Education Coordination Coordination

8. Enabling Acts 1957: Conservation Commission Act authorized towns to establish a locally appointed municipal agency to plan for natural resources protection, acquire important land and water areas, and manage these properties. 1957: Conservation Commission Act authorized towns to establish a locally appointed municipal agency to plan for natural resources protection, acquire important land and water areas, and manage these properties. 1972: Wetlands Protection Act, Commissions were given responsibility for administering the state act. 1972: Wetlands Protection Act, Commissions were given responsibility for administering the state act.

9. Need for Protection

10. What are Wetlands? Areas where water covers the soil, or is present either at or near the soil surface, for at least two weeks during the growing season Areas where water covers the soil, or is present either at or near the soil surface, for at least two weeks during the growing season Wetlands can appear dry, and not all flooded lands are wetlands Wetlands can appear dry, and not all flooded lands are wetlands

11. What are Wetlands? Vary widely because of regional and local differences in soils, topography, climate, hydrology, water chemistry, vegetation, and other factors, including human disturbance Vary widely because of regional and local differences in soils, topography, climate, hydrology, water chemistry, vegetation, and other factors, including human disturbance Wetlands are found from the Wetlands are found from the tundra to the tropics and on every continent except Antarctica

12. State-protected Wetlands Include: bogs bogs fens fens wet meadows wet meadows wooded swamps wooded swamps streams streams rivers ponds and lakes floodplains marshes swamps A protected 200-foot “riverfront area” extends from each bank of every river and stream having a year-round (perennial) flow.

13. WPA - 5 freshwater wetlands: Bank (has a 100-foot buffer zone) Bank (has a 100-foot buffer zone) Bordering Vegetated Wetland (has a 100-foot buffer zone) Bordering Vegetated Wetland (has a 100-foot buffer zone) Land Subject to Flooding (Isolated and Bordering) Land Subject to Flooding (Isolated and Bordering) Land Under Waterbodies and Waterways Land Under Waterbodies and Waterways Riverfront Area (this is a 200-foot resource area) Riverfront Area (this is a 200-foot resource area) WORK WITHIN THESE AREAS MAY BE POSSIBLE; SOME RESTRICTIONS APPLY WORK WITHIN THESE AREAS MAY BE POSSIBLE; SOME RESTRICTIONS APPLY

14. WPA Public Interests Why are wetlands valuable and important? 1. Public and private water supply 2. Groundwater supply 3. Flood control

15. Flood control (attenuation)

16. WPA Public Interests 4.Storm damage prevention

17. WPA Public Interests 5. Pollution prevention

18. WPA Public Interests 6.Fisheries habitat protection 7.Wildlife habitat protection 8.Shellfish habitat protection (coastal areas only)

19. What Does All This Mean to You The state Act requires that you get approval from the Commission to work in a wetland resource area, within the 100 ft buffer zone, or within 200 ft of a perennial stream. This includes activities such as the following: The state Act requires that you get approval from the Commission to work in a wetland resource area, within the 100 ft buffer zone, or within 200 ft of a perennial stream. This includes activities such as the following: Tree removal, or vegetation clearing Tree removal, or vegetation clearing Grading or excavation Grading or excavation New landscaping New landscaping Construction of buildings, additions, septic, driveways, etc. Construction of buildings, additions, septic, driveways, etc.

20. Wetland “Do’s” Many activities near wetland resources areas are allowed and do not require Commission approval, such as Many activities near wetland resources areas are allowed and do not require Commission approval, such as Mowing existing lawn and/or fields Mowing existing lawn and/or fields Working in existing gardens Working in existing gardens Pruning and maintaining existing landscaping Pruning and maintaining existing landscaping Planting native vegetation Planting native vegetation Hiking, horseback riding, and other passive recreation Hiking, horseback riding, and other passive recreation

21. Wetland “Don’ts” Some activities are prohibited in wetland resource areas, such as Some activities are prohibited in wetland resource areas, such as Dumping yard waste such as leaves, brush, grass, etc or other waste products such as manure Dumping yard waste such as leaves, brush, grass, etc or other waste products such as manure Dumping dirt or other fill Dumping dirt or other fill Draining a wetland Draining a wetland

22. Wetland Permits Notice of Intent (NOI) or Request for Determination of Applicability (RDA) Notice of Intent (NOI) or Request for Determination of Applicability (RDA) Application Application Hearing(s) Hearing(s) Site Visit(s) Site Visit(s) Approval (Order of Conditions or Negative Determination) Approval (Order of Conditions or Negative Determination) Note - The complexity of the approval process is commensurate with the type and scale of the activity proposed.

23. What Would Our Bylaw Look Like? Bylaw definition: a local ordinance, or law, regulated by a municipal body Bylaw definition: a local ordinance, or law, regulated by a municipal body A Wetland Bylaw must be as protective, or more protective, of wetlands as the state law A Wetland Bylaw must be as protective, or more protective, of wetlands as the state law NRC Bylaw Goals: NRC Bylaw Goals: Codify 25-foot No Disturb Zone policy Codify 25-foot No Disturb Zone policy Local compliance Local compliance Vernal pool protection Vernal pool protection

24. Why Consider a Bylaw? Adopted by 194 communities in Massachusetts Adopted by 194 communities in Massachusetts Brings compliance to a local level Brings compliance to a local level Provide vernal pool protection Provide vernal pool protection Codifies the 25-foot No Disturb Zone Codifies the 25-foot No Disturb Zone Would NOT include any additional filing fees Would NOT include any additional filing fees Would CONTINUE to provide exemptions for farming and lawn maintenance (no change in state exemptions) Would CONTINUE to provide exemptions for farming and lawn maintenance (no change in state exemptions) Town planning has identified the need: Town planning has identified the need: 2004 Open Space & Recreation Plan 2004 Open Space & Recreation Plan 2005 Long Range Comprehensive Plan 2005 Long Range Comprehensive Plan

25. Bylaw Advantages 25-foot No Disturb Zone 25-foot No Disturb Zone Codify our 25-foot No Disturb Zone policy Codify our 25-foot No Disturb Zone policy Science shows that work close to wetlands frequently alters the ability of a wetland to function Science shows that work close to wetlands frequently alters the ability of a wetland to function Exceptions for pre-existing conditions or if no alternatives exist Exceptions for pre-existing conditions or if no alternatives exist 50-foot No New Structures – would remain as a policy. Structures are defined as buildings, barns, sheds, garages, swimming pools, tennis courts, and new driveways. Structures are defined as buildings, barns, sheds, garages, swimming pools, tennis courts, and new driveways.

26. Bylaw Advantages Compliance Compliance Always try to work with property owners, but there are a few cases where levying fines is necessary. Always try to work with property owners, but there are a few cases where levying fines is necessary. No power to issue fines in extreme cases and depends upon an already over-burdened DEP for enforcement. No power to issue fines in extreme cases and depends upon an already over-burdened DEP for enforcement. Bringing enforcement actions requires 3x Town resources compared to a compliant filing. Bringing enforcement actions requires 3x Town resources compared to a compliant filing. Ensures consistency and fairness for all applicants Ensures consistency and fairness for all applicants

27. Bylaw Advantages Vernal Pools Vernal Pools Vernal pools are ephemeral pools that usually do not have fish populations. Certain species such as wood frogs and some salamanders require vernal pools to survive. Vernal pools are ephemeral pools that usually do not have fish populations. Certain species such as wood frogs and some salamanders require vernal pools to survive. Vernal pools are not protected under the state WPA unless they fall within a wetland. Many vernal pools don’t occur in ‘regulated’ wetlands. Vernal pools are not protected under the state WPA unless they fall within a wetland. Many vernal pools don’t occur in ‘regulated’ wetlands. Vernal pool species use upland woodland habitat for the majority of their life cycle (except for breeding in vernal pools), and is also in need of protection. Vernal pool species use upland woodland habitat for the majority of their life cycle (except for breeding in vernal pools), and is also in need of protection.

28. Bylaw 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 permit Activities in vernal pools and vernal pool habitat would require a permit Waivers may be issued for work in the 100-foot buffer zone, if the Applicant shows that this area is NOT used by vernal pool species Waivers may be issued for work in the 100-foot buffer zone, if the Applicant shows that this area is NOT used by vernal pool species

29. Bylaw Advantages The regulatory component of the Wetlands Conservancy District (WCD) would be removed The regulatory component of the Wetlands Conservancy District (WCD) would be removed The WCD was developed in 1976 in order to enhance compliance with the WPA The WCD was developed in 1976 in order to enhance compliance with the WPA The WCD would continue to be used as a planning tool The WCD would continue to be used as a planning tool “Simplification”, parallel path process ZBA & NRC to a single path – NRC. ZBA approval would no longer be required for work in the WCD “Simplification”, parallel path process ZBA & NRC to a single path – NRC. ZBA approval would no longer be required for work in the WCD

30. Potential Costs Town may have to defend decisions in Superior Court which places a potential financial responsibility on the Town Town may have to defend decisions in Superior Court which places a potential financial responsibility on the Town However, the money collected from enforcement actions will offset this expense However, the money collected from enforcement actions will offset this expense

31. Feedback/Questions www.concordma.gov/pages/ConcordMA_NaturalResources