Hudson Wetlands Protection Bylaw

Conservation Commission Protect Wetlands - MA Wetlands Protection Act Permitting projects near wetlands and waterbodies Correcting violations (unpermitted alterations) Any disturbance of soil or vegetation (except for maintenance of existing lawn and gardens) or addition of impervious surface requires a permit Manage town Conservation Land

Why are wetlands important: Flood Control

Why are wetlands important: Pollution Filtering

Why are wetlands important: Wildlife Habitat

MA Wetlands Protection Act State law that protects Bordering Vegetated Wetlands 100-foot Buffer Zone Bank Land Under Water Riverfront Area 200 feet Floodplain

Hudson’s Wetland Resources: Assabet River

Hudson’s Wetland Resources: Fort Meadow Reservoir

Hudson’s Wetland Resources: Lake Boon

Why a Bylaw? Increased development Unprotected resources Buffer Zone is disappearing Wetlands are shrinking Unprotected resources Limited Enforcement ability Note that over 100 towns in MA feel that the state Wetlands Protection Act does not provide enough protection and have adopted Bylaws, including most of our neighbors.

What the Bylaw will do Improve Protection Increase Enforcement Ability Setbacks Protection for isolated wetlands, small ponds, vernal pools Increase Enforcement Ability Ability to fine Ability to require bonds for large projects Appeals go to Superior Court

What the Bylaw won’t do Impact existing conditions or structures Allow the Commission to add more restrictions through Regulations Allow the Commission to fine people who didn’t know the law Add local filing fees

New Development The bylaw will not prevent new development It will help ensure new development is done in an environmentally-friendly way

Section 1: Purpose Functions and values that are protected: Current State Law New in Bylaw Public or private water supply Groundwater Flood control Storm damage prevention Prevention of pollution Protection of fisheries and shell fisheries Protection of wildlife habitat Erosion and sedimentation control Water quality Rare species habitat including rare plant species Agriculture Aquaculture Recreation

Section 2: Jurisdiction Current State Law New in Bylaw Any bank or freshwater wetland bordering on any creek, river, stream, pond (>10,000 sq ft), or lake 100-foot Buffer Zone to above if it impacts Resource Area Land under above waterbodies Land subject to flooding Riverfront Area (200 feet) Any bank or freshwater wetland whether or not it abuts surface waters Vernal pools, lakes, ponds of any size, streams, brooks, creeks, rivers 100-foot Buffer Zone to above

Section 3: Definitions Pond – any size (was >10,000 sq ft) Rare species – includes plants (was only animals) Stream – removes requirement to flow in or out of an Area Subject to Protection Vernal Pool – removes requirement to be in Area Subject to Protection, restricts Buffer Zone protection if there is an existing house, lawn or other developed area

Section 4: Exemptions and Exceptions Exemptions in Wetlands Protection Act also apply to Bylaw (agricultural usage, public utilities, emergency projects, certain minor activities in the Buffer Zone or Riverfront Area Allows for waiver requests

Section 5: Applications and Fees Wetlands Protection Act application and plans may be accepted for the Bylaw No new filing fees Consultant fees may be required for large commercial projects

Section 6: Notice and Hearings Bylaw hearing may be combined with Wetlands Protection Act hearing Bylaw decision may be combined with Wetlands Protection Act decision

Section 7: Permits and Conditions New Protections: Consideration of cumulative effects Establishment of setbacks Discretion to require Wildlife Habitat studies Increased protection of vernal pools Right to refuse wetland alteration where feasible or require full mitigation

Setbacks 0 foot setback for water-dependent structures 25-foot setback for driveways, roadways, and structures- naturally vegetated where possible 25-foot setback for use of pesticides, herbicides, and fertilizers 50-foot buffer of natural vegetation for vernal pools

Section 8: Regulations Clarify implementation of the Bylaw Require Public Notice and two Public Hearings before passage Cannot be more stringent than the Bylaw

Section 9: Security To ensure compliance and completion of required mitigation work for large commercial projects: Bond or deposit of money to be released with Certificate of Compliance Conservation Restriction, easement or other covenant

Section 10: Enforcement Enforcement Order requiring appropriate action by specific date If Enforcement Order is not fulfilled, may fine: $100 per violation per day (private homeowners) $300 per violation per day (other)

Section 11: Burden of Proof The applicant is responsible for proving that proposed project will not have a negative impact Section 12: Appeals Decisions may be appealed in the jurisdictional Trial Courts of the Commonwealth Section 13: Relation to Wetlands Protection Act Home Rule Amendment allows adoption of the Bylaw Section 14: Severability If any section of the bylaw is determined invalid, the rest of the bylaw is still valid

Conclusion The Wetlands Protection Bylaw would enable Hudson to better protect its valuable resources.