1. Hudson Wetlands Protection Bylaw

2. 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

3. Why are wetlands important: Flood Control

4. Why are wetlands important: Pollution Filtering

5. Why are wetlands important: Wildlife Habitat

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

7. Hudson’s Wetland Resources: Assabet River

8. Hudson’s Wetland Resources: Fort Meadow Reservoir

9. Hudson’s Wetland Resources: Lake Boon

10. 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.

11. 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

12. 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

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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

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

23. 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

24. 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)

25. 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

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