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What is the Wetlands Protection Act?
The Massachusetts Wetland Protection Act was adopted by the Massachusetts Legislature in the early 1960s out of concern for the degradation and loss of wetlands. The MA DEP Wetlands Program ensures the protection of Massachusetts' inland and coastal wetlands, tidelands, great ponds, rivers and floodplains. It regulates activities in coastal and wetlands areas, and contributes to the protection of ground and surface water quality, the prevention of flooding and storm damage and the protection of wildlife and aquatic habitat.
Why do we protect wetlands?
The Massachusetts WPA identifies eight public interests that wetlands serve.
1. PROTECTION OF PUBLIC & PRIVATE DRINKING WATER SUPPLIES – Wetlands contribute to both the quality and quantity of public and private drinking water supplies by contributing to the ground water supply, protecting against storm damage, and prevention of pollution.
2. POLLUTION PREVENTION – Wetland plants and soils slow down the flow of water, allowing suspended sediments to settle out. The plants and soils of Vegetated Wetlands remove or detain sediments, nutrients (such as nitrogen and phosphorous) and toxic substances (such as heavy metal compounds) that occur in run-off and flood waters. Some nutrients and toxic substances are detained for years in plant root systems or in the soils. Vegetated Wetlands are areas where ground water discharges to the surface and where, under some circumstances, surface water discharges to the ground water.
3. GROUNDWATER SUPPLY – Not only does groundwater contribute to drinking water supplies, as mentioned above, it is also very important in maintaining water levels in many rivers, streams, lakes and ponds. Finally, groundwater provides a vital source of water to plants between rainstorms.
4. FLOOD CONTROL – The profusion of vegetation in Vegetated Wetlands acts to slow down and reduce the passage of floodwaters during periods of peak flows by providing temporary floodwater storage and by facilitating water removal through evaporation and transpiration. During dry periods the water retained in Vegetated Wetlands is essential to the maintenance of base flow levels in rivers and streams, which in turn is important to the protection of water quality and water supplies.
5. STORM DAMAGE PREVENTION – During a storm, wetland vegetation stabilizes the soil and prevents erosion from wind, ice, and fast-moving water. Friction from the plants found in wetlands also slows down the velocity of potentially damaging storm waters.
6. PROTECTION OF FISHERIES – In addition to preventing contamination, wetlands provide a valuable food source and habitat to many fish species.
7. WILDLIFE HABITAT – Wetlands provide habitat for various animals. Birds, mammals, reptiles, and amphibians use wetlands for food, shelter, breeding and nesting. Wetlands are also valuable migratory areas.
8. PROTECTION OF LAND CONTAINING SHELLFISH – In coastal areas, wetlands provide habitat and protection against pollution for shellfish such as mussels, clams, and oysters. Though Georgetown does not have coastal wetlands, the Parker River flows through the town and out to the shellfish beds in Newbury. It is therefore important to prevent contamination from entering the river in Georgetown and polluting shellfishing areas downstream.
What is a Buffer Zone?
A buffer zone is an undeveloped area directly adjacent to a body of water. Buffer zones include aquatic plants in shallow water, moisture-loving plants along the shore, and upland plants in dry soils.
In Massachusetts the buffer zone extends 100-feet horizontally outward from the boundary of any resource area and two hundred (200) horizontal linear feet outward from the boundary of any river or perennial stream. This area is subject to protection under the MA Wetlands Protection Act (M.G.L. 131, § 40) & its Regulations (310 CMR 10.00 – 10.60), and the Georgetown Wetlands Protection Bylaw & its Regulations.
The primary purposes of buffer zones are to:
1. Reduce runoff by increasing stormwater infiltration into soil. Less runoff means less nutrients and other pollutants entering the water -- excess nutrients are the primary cause of algal blooms and increased aquatic plant growth.
2. Stabilize soils with plant root systems.
3. Reduce shoreline erosion due to wave action.
4. Purify water with aquatic vegetation.
5. Improve wildlife and fish habitat by providing food, shelter, and shade.
Native plant buffer zones are invaluable for wildlife habitat. A study done in northern Wisconsin looked at the impact to wildlife when natural shorelines were replaced with developed shorelines. Researchers found that the number of frog species, as well as the total number of frogs, was significantly reduced in lakes where native vegetation and woody debris were removed from the shoreline. Many bird species were also lost, particularly those depending on insects for food and those that nest on the ground.
For more information:
Do I need a permit?
If your project includes grading, landscaping and/or construction work within the 100’ wetland buffer zone (or 200’ river protection buffer) call the Conservation Commission office (352-5712) to determine what type of permit you may need for the work you are planning.
According to the Georgetown Wetland Protection Bylaw the following activities are judged to “alter” a resource area and must be brought to the Commission before work can commence:
“The term "alter" shall include, without limitation, the following activities when undertaken to, upon, within or affecting resource areas protected by this chapter:
1. Removal, excavation or dredging of soil, sand, gravel or aggregate materials of any kind.
2. Changing of preexisting drainage characteristics, flushing characteristics, salinity distribution, sedimentation
patterns, flow patterns or flood retention characteristics.
3. Drainage or other disturbance of water level or water table.
4. Dumping, discharging or filling with any material which may degrade water quality.
5. Placing of fill or removal of material which would alter elevation.
6. Driving of piles, erection or repair of buildings or structures of any kind.
7. Placing of obstructions or objects in water.
8. Destruction of plant life, including cutting of trees.
9. Changing water temperature, biochemical oxygen demand or other physical or chemical characteristics of water.
10. Any activities, changes or work which may cause or tend to contribute to pollution of any body of water or groundwater.”
What is a vernal pool?
Vernal (meaning Spring) pools, also known as ephemeral pools, are unique wildlife habitats, which have become an increasingly rare type of wetland in Massachusetts. Due to their sensitivity, vernal pools and the surrounding areas are protected under the MA Wetlands Protection Act, as well as the Georgetown Wetlands Protection Bylaw. Vernal pools provide critical habitat for amphibians and invertebrate animals, such as the wood frog (Rana sylvatica), blue-spotted salamander (Ambystoma laterale), Blanding's turtle (Emydoidea blandingii), and spotted turtle (Clemmys guttata). A vernal pool is a confined basin that typically fills with water in the autumn or winter due to rising groundwater and rainfall. The water remains ponded throughout the spring, until the water dries up in the summer months. Many amphibians
and invertebrate species rely on vernal pools for their breeding, feeding, and shelter purposes.
For that reason, vernal pools are essential for the continued survival of the wildlife species that are dependent upon this rare and threatened resource area.
How do I know if I have wetlands or other resources?
Call the Conservation Commission office (978 352-5712). We can give you an initial “birds-eye” appraisal of the resource areas on your property and advise you on how to proceed with a proposed project.
Do I need a permit to cut trees & brush?
Not if you are working outside the 100’ wetland buffer zone and 200’ river protection buffer zone.
Within 50’
If you plan to work within 50’ of a resource area be aware that the Georgetown Wetland Protection Regulations stipulate that a 50’ N0-Cut – No-Disturb zone must be maintained from the edge of a resource area.
This means that trees and other forms of vegetation may not be cut in this zone.
The trees, shrubs and native plants around the wetland edge provide a filtering zone, soaking up the run-off from lawns, roads, roofs, and driveways that may contaminate the wetland water with chemicals, fertilizers, oils, heavy metals, salts or solvents. When you remember that these areas feed our drinking water you’ll understand how essential this No-Disturb buffer is in protecting the quality and health of our groundwater supplies.
50’ – 100’
Tree cutting and brush removal within the 50’ – 100’ zone must be carried out with approval from the Conservation Commission. Call the Conservation Commission office (352-5712) for assistance.
Street Trees
Remember that street trees (within 10’ of the road ) are under the jurisdiction of the Georgetown Tree Warden. Please call the Tree Warden at the Highway Department (352-5704) if you have questions about street trees.
Emergency Tree Removal
If you have a dangerous tree in the No-Disturb area that is threatening to come down on your property call the Conservation Office immediately. We will come out to assess the situation and issue an Emergency Certificate (if appropriate) for the earliest removal of the tree.
What is a Floodplain? Am I in one?
The Georgetown floodplain districts were determined from elevations along stream corridors with reference to the US Coast and Geodetic Survey Markers.
According to the Georgetown Zoning Code Bylaw “No building permit shall be issued for any structure and no other permit shall be issued for any purpose … located within an area designated as Floodplain District on a map entitled ‘Floodplain Zoning Map, Revised May 1, 1980’. ” (Zoning Bylaw, Chapter 165, Town of Georgetown, February 2006)
Call the Georgetown Zoning Board (352-5742) or the Conservation Commission (352-5712) if you have questions about the location of floodplains.
What is a Flood Zone? Am I in one?
Flood zones are geographic areas defined by the Federal Emergency Management Agency (FEMA) according to varying levels of flood risk. www.floodsmart.gov
These zones are depicted on a community's Flood Hazard Boundary Map or a Flood Insurance Rate Map (FIRM). Each zone reflects the severity or type of flooding in the area.
Land areas that are at high risk for flooding are called Special Flood Hazard Areas (SFHAs). A home located within an SFHA has a 26 percent chance of suffering flood damage during the term of a 30-year mortgage and only a 4% chance of suffering a fire over that same time.
For comprehensive flood zone definitions, visit the NFIP Web site
To find out if your home is in a flood zone visit the floodsmart website. Select “What’s Your Flood Risk?” and enter your address to find out your flood risk.
What is a Stormwater Management Policy?
In 1996 the MA DEP issued this policy to establish clear and consistent guidelines for stormwater management across the state. The standards of this policy, enforced by the Conservation Commission, are intended to prevent untreated discharges to wetlands and waters; preserve hydrologic conditions that closely resemble pre-development conditions; reduce or prevent flooding by managing the peak discharge and volumes of runoff; minimize erosion and sedimentation; reduce suspended solids and other pollutants to improve water quality; and provide increased protection of sensitive natural resources.
I have an underground oil tank. How do I prevent leaks and / or deal with spills?
If you have an underground storage tank for home heating oil, have it tested to ensure it is not leaking through the soil and into the groundwater. Visit the DEP website below for additional tips on avoiding a heating oil leak or spill.
If you have an oil spill call the Georgetown Fire Department (978 352-5757) and the Conservation Commission (978 352-5712) immediately. The DEP website also gives a complete guide to the clean-up process.
What can I do to help maintain the health of wetland areas?
You can do many things:
1. Remove trash and bottles by hand from a wetland resource area.
2. Dispose of yard waste off site or set up a compost pile greater than 25 feet from the wetland resource area. Leaves and grass clippings will decompose to become your best soil. However, if yard waste is disposed of within the wetland resource area or within the 50’ No-Disturbance Zone, it will be considered a violation under the local Wetlands Bylaw. If observed by the Conservation Department, it will be required to be removed by hand. Yard waste within a wetland resource area is considered fill and is strictly prohibited.
3. Near the resource area, set up a small brush pile or two made of branches from yard waste. Brush piles make good wildlife cover. However, in general, brush piles should not be deposited in wetland resource areas as a means of disposal.
4. Do not dump motor oil into street drains. What goes into the drains and the ground in Georgetown eventually goes into our drinking supply water. Proper disposal of oil is available at the store where you purchased it.
5. Do not dump anything that pollutes.
6. Avoid or minimize the use of de-icing salt near resource areas and drainage systems. Many stores carry more nature-friendly alternatives.
7. Avoid or minimize the use of fertilizers and poisons near resource areas and drainage systems. Some fertilizers can cause algae blooms in our surface waters. Some poisons can impact the plants and wildlife in the resource areas. Fertilizers utilized for landscaping and lawn care shall be slow-release, low-nitrogen types (5% or less), and shall not be used within 25-feet to any resource area.
8. Make use of drywells for drainage to avoid heavy runoff into our watercourses from roofs and paving. The use of drywells also recharges the groundwater table by infiltrating rainwater.
9. Maintain your septic system properly. Contact the Georgetown Board of Health for more information on proper septic system maintenance, such as pumping needs and the impacts of chemicals and hazardous wastes on important system microorganisms.
10. When washing your car, direct the rinse water away from wetland resource areas and drainage systems.
11. Talk to your neighbor if he / she is inadvertently impacting a resource area.
12. Report violations to the Conservation Office.
What should I do if I see someone breaking environmental laws?
Do not attempt to deal with any violators yourself, as some violators may engage you in a confrontation. Do call the Conservation Office at 978 352-5712 to report what you have seen and ask them to investigate the situation. Jot down important information such as motor vehicle license plates, time, date, description of the violator (s) or any information that would be helpful in the apprehension of these lawbreakers.
Help! I have beavers!
Beavers are increasing in population across the state. They are an important feature of the environment but we also understand the problems their damming habits can sometimes bring to homeowners and the community. Call the Conservation Commission office (978 352-5712) if you need advice about a beaver problem. The following website also gives interesting information about their habits and possible management.
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