Non-Zoning Wetlands Bylaw Public Hearing January 15, 2009

Wetlands in Concord

Certified Vernal Pools in Concord

Town Planning Documents Open 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 to You The state Act requires that you get approval to work in a wetland resource area, within the 100- foot buffer zone, or within 200 feet of a perennial stream. This includes activities such as the following: Tree removal, or vegetation clearing Grading or excavation New landscaping Construction of buildings, additions, septic, driveways, etc. Many activities in or near wetland resources areas are allowed and do not require Commission approval, such as Mowing existing lawn and/or fields Working in existing gardens Pruning and maintaining existing landscaping Planting native vegetation Hiking, horseback riding, and other passive recreation

Non-zoning Wetlands Bylaw - 25 foot NDZ in Buffer Zone TODAY FUTURE Mass Wetlands Protection Act (MGL Chap. 131, Section 40) and Regulations (310 CMR 10.000) Mass Wetlands Protection Act (MGL Chap. 131, Section 40) and Regulations (310 CMR 10.00) Mass Rivers Protection Act (MGL Chap 258) Mass Rivers Protection Act (MGL Chap 258) Non-zoning Wetlands Bylaw - 25 foot NDZ in Buffer Zone - Compliance/Enforcement - Buffer Zone for Certified Vernal Pools Policy – 25 ft NDZ in Buffer Zone No non-criminal disposition authority (assessing fines for violators) No Buffer Zone for Certified Vernal Pools

Bylaw Advantages 25-foot No Disturb Zone Codify our 25-foot No Disturb Zone policy 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 50-foot No New Structures – would remain as a policy. Structures are defined as buildings, barns, sheds, garages, swimming pools, tennis courts, new driveways, new roads. 25-foot NDZ: the state law allows discretionary construction within this area, and a policy is not enforceable 50-foot NNSZ: Policy would not be part of the Bylaw, but would continue to be administered by the NRC as a policy.

Bylaw Advantages Compliance 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. Ensures consistency and fairness for all applicants Bylaw allows the Natural Resources Director, or other designee of the Town Manager, to issue fines up to $300 (can be appealed to the NRC)

Bylaw Advantages 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 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. Talk about recent studies documenting the need for providing a buffer around these seasonal habitats for amphibians.

Bylaw Advantages The bylaw would protect certified vernal pools and a 100-foot buffer around certified vernal pools (vernal pool habitat). Vernal pools in lawns or landscaped areas would be grandfathered. Activities in vernal pools and vernal pool habitat would require a permit 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. Talk about recent studies documenting the need for providing a buffer around these seasonal habitats for amphibians.

Bylaw Advantages 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 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 Currently there is a zoning bylaw that the ZBA administers. We are seeking a non-zoning bylaw

Changes from the 11/14/08 draft to the 12/19/08 draft Removed recreation and aesthetics (§1) Clarified exemption for routine home repairs (§3.A.1) Clarified lawn maintenance to include gardens and hazard trees (§3.B.1) Modified exemption to include sewer and road repairs (§3.D) Clarified alter definitions (§4) Included administrative approvals (§7.1) Included 25-foot No Disturb Zone language in bylaw (§7.4.E) Revised Enforcement language to clarify fines issued by the Natural Resources Director or Town Manager designee (§9.4) Included fines in bylaw language (§9.4.A) Added language that fines could be appealed to the NRC (§9.5B)

Changes from the 12/19/08 draft to the 1/15/09 draft Restructured jurisdiction for clarity (§2) Added fence maintenance to clarify exemption (§3.A.4) Removed written notice requirement for agriculture exemption (§3.B.2) Added erosion control to road maintenance exemption (§3.D.) Added language to include Town Manager in legal action sections (§9.4 & 9.5) Grammatical changes

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