What is the definition of “wetlands”?
The MA Wetlands Protection Act and Regulations and local Wetlands Bylaw include a number of different types of wetlands, and wetland-related areas called “Resource Areas”. These include rivers and streams (“perennial” if they run year round, and “intermittent” if they dry up seasonally); lakes and ponds; the vegetated wet areas bordering rivers, streams, lakes or ponds (“bordering vegetated wetlands”); the 100-year floodplain along rivers and streams; and isolated areas that flood seasonally, such as vernal pools. The first 200 feet from the edge of a perennial stream are regulated as “riverfront area”. The first 100 feet from a vegetated wetland or stream bank are regulated as “buffer zone”.
Most people can recognize a marsh with cattails and standing water as a wetland, but many wetlands are harder for the average person to recognize. By law, the edge of vegetated wetlands is determined by looking at the species of plants that grow there, the soils, and evidence of hydrology. Certain plant species are adapted to grow in wet areas. Soils show if the area has water near the surface at least part of the year. Evidence of hydrology includes ponding, sphagnum moss, flood water lines and debris, and physical adaptations made by plants to wet growing conditions.
When do I need to file with the Conservation Commission?
Whenever work is being performed within 100 feet of a wetland, or 200 feet of a perennial stream, a state wetlands permit (Request for Determination or Notice of Intent) is required. The Commission reviews and issues the state permit, a Determination of Applicability or Order of Conditions.
What activities are prohibited in Resource Areas?
You may not clear, cut, fill, dump (not even leaves, grass clippings or dirt), alter, grade, landscape or build upon the resource areas listed above without a permit from the Conservation Commission.
The term "alter" includes destruction of vegetation, changes in drainage characteristics or flow patterns, changing of water quality or characteristics, dumping, and placing of any kind of structure.
What activities are permitted in or near Resource Areas?
Passive recreation such as walking, bird watching, fishing, hunting, boating, swimming, and natural history education are allowed in wetlands and waterbodies.
Certain “minor exempt activities” are allowed in the buffer zone, floodplain and riverfront areas, such as mowing (pre-existing/current) lawn; planting native species of trees, shrubs or groundcover; some fencing; private unpaved pedestrian walkways; and conversion of lawn to small accessory structures such as decks or pools if at least 50 feet from the edge of the wetland or waterbody.
Does SouthHadley have a local wetlands bylaw?
Yes, South Hadley has a local Wetlands Bylaw, which you can view from this website. The Bylaw provides more protection of wetlands and waterbodies than the state Wetlands Protection Act. Some of the key aspects of the Bylaw are:
It establishes a 50-foot wide undisturbed vegetated buffer, called the “Conservation Zone”, next to wetlands and water bodies, to protect the wetlands and their functions from human impact. This is within the 100 foot “buffer zone” already under the jurisdiction of the Conservation Commission, but not actually protected by state or federal regulations.
It provides greater protection for some uncertified vernal pools, which are critical habitat for amphibians. The definition of vernal pools requires that they be at least 500 square feet in size, not occurring in existing lawns, gardens and landscaped areas, hold water for at least two continuous months during the spring, and serve as essential habitat for vernal pool species.
It provides additional protection to some intermittent streams, by establishing a 50-foot Conservation Zone along those streams shown on a map to be issued with the bylaw regulations.
There are a number of exemptions, exceptions and waivers provided for South Hadley property owners, including the following:
1. owners of existing single family homes can continue to maintain and repair their structures and landscapes and with permission add minor additions within the Conservation Zone;
2. limited projects may be approved for activities such as water dependent uses (docks), driveway access to upland, utility and road maintenance, public water supply exploration, and forestry;
3. minor activities such as creating unpaved walkways, vista pruning, planting native vegetation, mowing of lawns, and maintaining existing buildings and structures are allowed within the Conservation Zone;
4. waivers are possible for projects that have a public benefit such as public health & safety, handicapped accessibility, or community enhancement relative to its cultural, environmental, educational, or recreational interests; or to avoid a decision that so restricts the use of the property that it constitutes an unconstitutional taking without compensation.
5. maintenance, repair & replacement of existing public utilities, emergency projects, & agriculture are permitted.
6. the Bylaw does not apply to any structure or activity lawfully in existence or begun before the effective date, or projects that have already applied for and/or received a permit from the Conservation Commission, or to any Definitive or Form H subdivision plans endorsed by the Planning Board prior to November 8, 2006.
What permit application should I use?
For simple projects within 100 feet of a wetland that will most likely not impact a wetland or resource area, a Request for Determination of Applicability can be filed.
For more major projects such as house construction, major landscaping, or residential or commercial developments a Notice of Intent should be used.
When a project has been completed a Request for Certificate of Compliance form should be submitted.
The South Hadley Wetland Bylaw uses the same forms as required by the state, so you can file for both the state and local wetlands permit simultaneously.
Does South Hadley have a current Open Space & Recreation Plan?
Yes. It is available from the South Hadley Planning Board website.
Are there maps of the conservation lands available?
Yes, see the link on this website for a town map. Maps of individual areas will be coming along later. Call the Conservation office for copies of trail maps we have for a few areas.
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