TOWN OF NATICK WETLAND PROTECTION BYLAW
&
RULES AND REGULATIONS
TABLE OF CONTENTS
SECTION 1 GENERAL PROVISIONS
1.1 Purpose
1.2 Areas subject to protection under the Bylaw
1.3 Definitions
1.4 Revision
SECTION 2 FILING FEES
2.1 Filing Fee Schedule
SECTION 3 APPLICATION PROCEDURES
3.1 Application Forms
3.2 Plans and Information
3.3 Notice to Abutters
SECTION 4 PERFORMANCE STANDARDS
4.1 Introduction
4.2 Vegetated Wetlands
4.3 Vernal Pools
4.4 Lands within 100 Feet
4.5 Stormwater Management
SECTION 5 ENFORCEMENT
SECTION 6 EFFECTIVE DATE
SECTION 7 APPEALS
APPENDIX A DEFINITIONS
APPENDIX B FILING FEE SCHEDULE
APPENDIX C CHECKLIST FOR REQUEST FOR DETERMINATION OF APPLICABILITY
APPENDIX D CHECKLIST FOR NOTICE OF INTENT
APPENDIX E CHECKLIST FOR ABBREVIATED NOTICE OF RESOURCE AREA
DELINEATION
APPENDIX F ABUTTER INFORMATION
APPENDIX G FREQUENTLY ASKED QUESTIONS
SECTION 1 GENERAL PROVISIONS
1.1 PURPOSE
These rules and regulations are promulgated to create uniformity of process and to help clarify the provisions of the Town of Natick’s General Wetlands Protection Bylaws (the Bylaw). They are intended to minimize delay in the permitting process by providing applicants and their consultants with information which will help them comply with the Bylaw. The Bylaw sets forth a public review and decision making process to protect wetlands and adjoining land areas by controlling activities deemed likely to have significant or cumulative impact on Resource Area Values, including but not limited to the following:
a) protection of public or private water supply
b) protection of groundwater
c) prevention and control of flooding
d) prevention and control of erosion & sedimentation
e) prevention of storm damage
f) prevention and control of pollution
g) protection of water quality
h) protection of agriculture and aquaculture
i) protection of wildlife and wildlife habitat
j) protection of rare species habitat including rare plant species
k) protection and promotion of aesthetic values
l) protection and promotion of recreation values
m) protection and promotion of education values
(Collectively, the Resource Area Values)
1.2 Areas Subject to Protection Under the Bylaw
The Bylaw protects the following resource areas in addition to the areas protected by the Massachusetts Wetlands Protection Act (M.G.L. Ch. 131, Sec. 40) (hereinafter referred to as the “Act”) :
Any freshwater wetland, bank, beach, flat, marsh, swamp, wet meadow, or bog bordering on any creek, river, perennial stream, intermittent stream, pond, lake, or reservoir and
any vernal pool, Riverfront Area, floodplain, isolated wetland, lands under any of the water bodies listed above, and lands subject to flooding or inundation by groundwater, surface water or storm water flow.
(Collectively the Protected Resource Areas).
The areas subject to protection under the Bylaw differ from those protected by the Act in that additional areas are protected by the Bylaw. The additional areas subject to protection under the Bylaw include all intermittent streams, land subject to flooding or inundation by groundwater, surface water, or storm flow, isolated wetlands, and all vernal pools.
A buffer zone of 100 ft. around any resource area (except Riverfront Area and 100-year floodplain) is subject to regulation under the Bylaw. Within this buffer zone, setbacks from the edge of Protected Resource Areas are defined. These regulations establish minimum setbacks referred to herein as No Build Zones and No Disturbance Zones. Under the regulations, the commission shall consider whether activities within the buffer zone will likely affect the Protected Resource Areas and will presume that projects that work within specified setbacks from the wetland will so affect the wetlands. This presumption is rebuttable and may be overcome upon a clear showing by a preponderance of the evidence that the nature of the proposed work, special design measures, construction controls and/or site conditions
which exceed the norm for work anywhere within the Buffer Zone will prevent alteration of the protected resource area
1.3 DEFINITIONS
Definitions which apply to this bylaw are presented in Appendix A. For additional definitions refer to section 2.2 of the Bylaw
1.4 REVISIONS
These rules and regulations may be revised from time to time by a majority vote of a quorum of the Conservation Commission after public notice, and a public hearing has been held.
SECTION 2 FILING FEES
2.1 FILING FEE SCHEDULE
At the time of a Notice of Intent, Request for Determination, Abbreviated Notice of Resource Area Delineation or administrative procedures, the applicant shall pay a filing fee in accordance with the schedule presented in Appendix B.
SECTION 3 APPLICATION PROCEDURES
3.1 APPLICATION FORMS
Applicants filing a Request for Determination of Applicability under the Bylaw shall use the latest form bearing the same title provided in regulations 310 CMR 10.00 of the Act and currently known as Form 1; and the words “Natick Wetlands Protection Bylaw” shall be typed onto the form. See Appendix C for filing checklist.
Applicants filing for a permit application under the Bylaw shall use the latest form entitled “Notice of Intent” or “Abbreviated Notice of Resource Area Delineation” as provided in regulations 310 CMR 10.00 of the Act and currently known as Form 3 and Form 4A respectively; and the words “Natick Wetlands Protection Bylaw” shall be typed onto the form. See Appendices D and E for filing checklists.
Requests for extensions, amendment or Certificate of Compliance to an Orders of Conditions shall be written in compliance with the regulations found at 310 CMR 10.01 (8) (a) & (b).
3.2 PLANS AND INFORMATION
Plans and information shall be submitted which completely and accurately describe the proposed activity and its effect on the resource areas and values protected by Bylaw. Each plan, drawing, sketch or set of calculations shall be titled, dated and signed by the person responsible for their preparation. Plans or information involving the practice of professional engineering or surveying shall be stamped and signed by the appropriate design professional who shall be registered in the Commonwealth of Massachusetts.
Appendices C, D and E provides detailed checklist of information that may be required by the Commission to deem a filing complete. The following provides a general guideline of the minimum information necessary to present a proposal to the Commission.
3.2.1 Plans and information which are required by the Commission include, but are not limited to:
(a) An 8 ½ x 11 excerpt of the USGA Quadrangle Map at its original scale showing the location of the proposed activity.
All plans shall be drawn to scale and shall include:
(a) all wetlands within 100’ of the property, wetland flags shall be shown and numbered on the plans;
(b) the location, names and present widths of all streets, private ways, easements, covenants or restrictions on, bounding, approaching or within 50 feet of the parcel of which the project is located;
(c) all property lines;
(d) location, extent and area of all existing and proposed structures, paved areas and utilities including, but not limited to, facilities for sewage including expansion areas, refuse and waste disposal facilities, facilities for storm water drainage (both temporary and permanent) and facilities for water supply, electricity conduction and telecommunications;
(e) boundaries of the resource area(s) within which work is proposed and within 100’ of the property lines. All plans shall be drawn at a scale no smaller than 1”=40’. Dimensions from structures to flagged wetland resource area shall be shown on the plans; and
(f) delineation of limit of work.
3.2.2. Additional plans and information which may be required by the Commission include, but are not limited to:
(a) drainage calculations based on the USDA Soil Conservation Service TR-55 or TR-20 method for the 2, 10, 25 and 100 year storm events. Drainage calculations for each Sub watershed area shall include the hydraulic length drawn on the watershed plan, time of concentration calculation, pre-and post-development DN calculation, average watershed slope calculation, peak rate of runoff and volume of runoff;
(b) reservoir routing calculations shall be based on the Storage Indication or Modified Puls Method and shall include a stage-storage graph;
(c) existing and proposed topography at 2 foot contour intervals for the subject parcel;
(d) locations and basement floor elevations of all building structures;
(e) soil logs including deep observation holes and percolation tests with dates and locations of test as may be required.
(f) location of all wells within 100 ft of the proposed activity;
(g) wildlife habitat analysis prepared in accordance with 310 CMR 10.60 as may be required;
(h) a single sheet plan detailing all resource area within the project boundaries. This plan may be prepared at a scale of less than 1”=40, if necessary;
(i) identification of all required federal, state and local permits and copies of all applicable federal, state and local environmental permits obtained;
(j) replication plans as may be required and;
(k) a written description of the methodology used to delineate the wetlands resource areas.
3.3 NOTICE TO ABUTTERS
Written notification of the filing of a Notice of Intent shall be delivered by certified mail to abutters within 100 feet of a project in accordance with the Act and applicable guidance. With the approval of the Commission, abutter notification may be by hand delivery. The applicant will be required to provide an affidavit of service. Evidence of proper notification shall be given to the Commission at the commencement of the Public Hearing. (See Appendix F – Abutters Information)
SECTION 4 PERFORMANCE STANDARDS
4.1 INTRODUCTION
The introduction, purpose and performance standards stated in 310 CMR 10.51 – 10.60 shall apply in addition to the additional performance standards identified below.
4.2 VEGETATED WETLANDS
The definition of “freshwater wetlands” (see Appendix A) shall include both Bordering and Isolated Vegetated Wetlands. Isolated Vegetated Wetlands are those wetland areas which meet the definition and critical characteristics of Bordering Vegetated Wetlands but do not border on creeks, rivers, streams, ponds or lakes [See 310 CMR 10.53 (1) & (3)]. See definitions of Hydric Soil, Freshwater Wetlands & Vegetated Wetlands (Appendix A).
Replications:
In those instances where replication is required by State Law and/or approved by the Commission the following conditions shall be met:
· The replicated wetland shall be hydrologically and geographically associated with the same water body as the original wetland (310CMR10.55).
· The replicated wetland shall be constructed in full, and conditionally approved prior to construction of any structures. A qualified wetland scientist, employed by the Applicant, shall be required by the Commission during the construction of the wetland replication area.
· At a minimum the replicated wetland shall reproduce all the values and functions of the original wetland as determined by the Conservation Commission. Site conditions permitting, the Commission may require that additional values and functions be incorporated into the replication design.
· In particular, in circumstances where replacement of specific functions and values would require substantial amounts of time before being completely replicated (for example, those provided by large mature trees) the Commission may require additional compensation of area, functions, values, etc. beyond those required in other sections of the Bylaw and its regulations.
· The area of replication shall be at least as large as the area of the original resource that will be destroyed. The actual area ratio of replacement required by the Commission shall be decided on a case-by case basis, but will generally be at least 1.5 to 1.
· Soil materials to be reused (from the wetland to be lost during construction) shall be removed and placed in the prepared replication area within one day. If this is not possible, these soils shall be stockpiled for the minimum amount of time and kept loosely covered and moist at all times.
· Erosion control barriers shall be placed around the proposed wetland replication area prior to the start of construction.
· The proposed replication area shall be excavated to a depth of one foot below the proposed final grade, as specified in the specifications and plans submitted as part of the Notice of Intent and referred to in the Order of Conditions.
· A minimum of one foot (12 inches) of good quality, organic-rich (>10%by weight) topsoil shall be placed in the replication area. This soil may consist of soil removed from the wetland to be lost during construction or from an outside source. The soil may be amended with peat moss, peat humus, or composted manure in order to provide the necessary organic matter. Soils from an outside source shall be free of chemical contamination, sticks, trash, and rocks more than one inch in diameter. Reused wetland soils shall be free of sticks, trash, and rocks greater than six inches in diameter. Reused wetland soils shall not be screened prior to use in
order to avoid removal of existing wetland vegetation. No soils from areas containing either purple loosestrife (Lythrum salicaria) or common reed grass (Phragmites australis) shall be used in the replication area.
· Following placement of topsoil, a minimum of 48 hours shall pass prior to planting of wetland vegetation to allow for rebound of buried or compacted peat. The final grade shall be adjusted as necessary.
· The replication area shall be planted and seeded according to specifications and plans submitted as part of the Notice of Intent and referred to in the Order of Conditions. Plantings shall be fertilized and irrigated as necessary to promote successful establishment.
· Erosion control structures shall be removed upon stabilization of the replication area to allow free circulation of water between the wetland replication area and the adjacent, natural wetland.
· The wetland scientist shall inspect the wetland replication area once each year during the mid to late summer of the first two full growing seasons. A written report shall be submitted to the Commission at the end of each growing season. The spring inspection shall include monitoring of the groundwater elevation within a soil pit a minimum of 18 inches deep at each of three randomly distributed quadrants. The summer inspection shall include groundwater elevation monitoring and a vegetation survey to determine compliance with the general performance standard of 75% of the wetland surface being reestablished with indigenous wetland plant species within two
growing seasons following planting. Vegetation monitoring shall occur within three randomly distributed quadrants sampled within the tree, shrub, and herb strata. Photos of each quadrant shall be taken during the summer inspection and submitted with the Commission report.
· An inspection report shall be submitted to the Commission no later than September 15 of each of the first two years. The report shall include all data collected during the inspections and photographs, and shall include recommendations for additional plantings or other remedial work as required, to ensure successful wetland replication.
· Any replication or restoration work that creates a resource on abutting properties shall require an easement from the abutting property owner covering the full extension of the resource on that property prior to commencement of the work.
· Standards for the replication shall be specified and verified in terms of functions, values, and actual performance. Technical and engineering specifications used for design and construction shall be considered approximate. Criteria for acceptance and approval shall be based solely on function and performance as specified in the Order of Conditions.
4.3 VERNAL POOLS
Vernal pools and vernal pool habitat as defined in the Bylaw shall be determined by the Natick Conservation Commission. The Commission need not identify vernal pool and vernal pool habitat locations prior to application with the Commission. It shall be the applicant’s responsibility to indicate the location of possible vernal pools and vernal pool habitats on the subject property, during the application process. The applicant may request a determination of applicability prior to application for a permit under the Bylaw, if unsure as to whether a vernal pool exists on or near the subject site. The buffer zone of a vernal pool is presumed critical to the function of the pool and work in this area should be avoided. The presumption may be overcome by a clear and convincing showing that the
ability of the vernal pool to function will not be impaired.
4.4 LANDS WITHIN 100 FEET
The land area within 100 feet of any freshwater wetland; marshes; wet meadows; bogs; swamps; vernal pools; banks; reservoirs; lakes; ponds; rivers; streams; creeks; beaches; land under water bodies; or surface water is subject to regulation under the Bylaw. Lands within 100 feet of protected resource areas are presumed important to the protection of these resources because activities undertaken in close proximity to wetlands and other resources have a high likelihood of adverse impact upon the wetland or other resource, either immediately, as a consequence of construction, or over time, as a consequence of daily operation or existence of the activities. These adverse impacts from construction and use can include, without limitation, erosion, siltation, loss of groundwater recharge, poor water
quality, and harm to wildlife habitat. For this reason these buffer zone areas are a valuable resource under this Bylaw.
The following restrictions are intended to represent the limits beyond which the ability of the protected resource area to function is presumed to be impaired. The presumption may be overcome by a clear showing that the ability of the resource area to function will not be impaired.
No Disturbance Zone
The Commission will enforce a No Disturbance Zone measuring 25 feet (measured horizontally) from all resource area boundaries (except riverfront and floodplain). This is an area in which virtually no activities or work, other than passive passage, are permitted (i.e. Boardwalk). No vegetation may be disturbed, leaf litter and debris shall remain in place, and no dumping of grass clippings, brush, leaves or any other debris or trash is allowed. The no disturbance area should remain unchanged from its pre-project state (unless the Commission grants approval to an applicant’s proposal to restore a previously altered area). The restrictions associated with a designated No Disturbance Zone shall not be lifted with the issuance of a Certificate of Compliance, but shall remain in force. Where a prior
existing structure protrudes into, or a prior existing alteration exists in a No Disturbance Zone, the Commission may permit the extension of such non-conforming structure into, or further alteration in such zone in accordance with its Rules and Regulations.
No Build Zone
The No Build Zone extends 15 feet (measured horizontally) from the edge of the (25-foot) No Disturbance Zone, in the direction upland or away from the resource area. This is an area where no structures are allowed to be placed or constructed. Prohibited structures include buildings, houses, barns, garages, and sheds. Items such as fences, retaining walls, decks, patios, gazebos, lawn furniture, children’s toys such as sandboxes and swing-sets, rip-rapped areas, boardwalks, driveways, parking areas and the like are not considered “structures” for the purposes of these regulations. The restrictions associated with a designated No Build Zone shall not be lifted with the issuance of a Certificate of Compliance, but shall remain in force. Where a prior existing structure protrudes
into, or a prior existing alteration exists in a No Build Zone, the Commission may permit the extension of such non-conforming structure into, or further alteration in such zone in accordance with its Rules and Regulations.
100-foot of Vernal Pool
The Commission will enforce a No Disturbance Zone measuring at least 100 feet (measured horizontally) from all Vernal Pools. This is an area in which virtually no activities or work, other than passive passage, are permitted. The no disturbance area should remain unchanged from its pre-project state (unless the Commission grants approval to an applicant’s proposal to restore a previously altered area). Where a prior existing structure protrudes into, or a prior existing alteration exists within the 100-foot Buffer Zone of a Vernal Pool, the Commission may permit the extension of such non-conforming structure into, or further alteration within the 100-foot Buffer Zone of a Vernal Pool in accordance with its Rules and Regulations.
Considerations in Setting Disturbance Restrictions
It is presumed that prohibited activities within the No Disturbance Zone, No Build Zone, and within the 100-foot Buffer Zone to Vernal Pools will result in alteration of the resource area. This presumption is rebuttable and may be overcome upon a showing by clear and convincing evidence that the nature of the proposed work, special design measures, construction controls, or site conditions will prevent alteration of the resource area, and will cause no significant harm to the areas or values protected by the Bylaw. Overcoming this presumption is to be granted only in rare and unusual cases.
In considering designation of buffer zone disturbance areas, the types of work and activities allowable, and conditions to apply, the Conservation Commission shall consider, in addition to other relevant criteria consistent with the wetland values:
1. Values and Functions of the Resource Area
The quantity and quality of resource values and functions shall be considered in placing conditions on buffer zone work. Some isolated land subject to flooding, for example, can serve for temporary flood storage only. Minimal buffer zone restrictions within several feet of the resource may be necessary under such circumstances only to prevent erosion.
Other isolated land subject to flooding can provide vernal pool habitat. It might also provide important flood storage capacity and intersect ground water. In such instances significant buffer zone restrictions shall be appropriate because a larger number of functions are involved and some functions, such as habitat, are more sensitive to buffer zone activity and require protection without exception. If rare or endangered species were found within a project area then still greater levels of restrictions would be appropriate, with no disturbance being allowed.
2. Pre-Project Characteristics of the Site
Ground slope, soil conditions, vegetation, and prior disturbance are just a few of the site specific characteristics that shall be considered in setting conditions for work in the buffer zone.
For example land that slopes toward a wetland demands greater restrictions on work and activity and larger no- disturbance distances to prevent pollution and silt from stormwater runoff from harming wetlands values than does land which slopes away from a wetland. Steeper slopes imply greater restrictions.
3. The Character of the Work or Activities Proposed and Alternatives
The applicant shall carry the burden of proof for demonstrating to the Commission's satisfaction that the proposed work or activities in the buffer zone are necessary and that reasonable alternatives, including reducing the scale and scope of the project, do not exist. The Commission shall consider the specific characteristics of the work proposed for immediate and cumulative impact on the wetland resource.
4.5 STORMWATER MANAGEMENT
All storm water runoff systems shall at minimum conform to best management practices as specified in the Massachusetts Department of Environmental Protection (DEP) Storm Water Management Guidelines, Volumes I and II (or succeeding guidance). The Conservation Commission may impose more stringent conditions where resource values and functions warrant it.
Subdivision Roadways and Parking Lots
For purposes of flood control, erosion control, water quality protection, and wildlife habitat preservation the Conservation Commission shall review all roadway and parking lot construction plans for impact, immediate and cumulative, on resource area functions and values in accordance with DEP's Stormwater Management Guidelines, Volume I and II (or succeeding guidance). In particular, the Conservation Commission shall enforce the following general performance standards:
1. No Net Change In Runoff Volumes
Pre-project and post-project hydrology should remain fundamentally the same as it pertains to protecting wetland functions and values. Of course some minor degree of change in hydrology is inevitable in any engineering/construction project and within reasonable limits the Commission shall permit such variation when in its judgment such changes will not produce a significant impact of wetlands functions and values.
Erosion control may require limiting stormwater discharge volumes and velocities, which will impact resource areas.
Therefore the Commission may require the construction of such stormwater control structures, and specify particular engineering and design details, as it deems necessary to protect wetland resources, values, and functions.
2. Minimizing Change In Runoff Water Quality
The physical, chemical, and biological qualities of stormwater runoff are altered by encounters with impervious surfaces, especially roadways and related structures. Increases in water temperature, reduction in pH, chemical and nutrient contamination, and transport of silt are just a few of the degrading shifts that may occur.
Where such waters are likely to contact wetland resources or buffer zones the Commission shall specify treatment of runoff or impose other conditions that in its judgment reduce undesirable water quality changes to levels that will not harm wetland functions or values, immediately or cumulatively. The Commission may require the construction of specific structures to improve stormwater runoff quality, such as wet detention basins for pollutant removal and broad riprap swales for aeration.
3. Requirements for Hydraulic Calculations
In accordance with the above, the Conservation Commission shall require as part of the application for permit complete hydrological calculations for the two, ten, twenty-five, and one-hundred year storm events. Such calculations shall include both pre-and post-project calculations for discharge volumes, peak flow rates, concentration times, discharge velocities, and other quantities that the Commission may require for complete information. All calculations and analysis shall be summarized and provided in an easily readable and understandable format.
4. Groundwater Flows, and Impact to Water Quality and Groundwater Recharge
In cases where significant amounts of bedrock or ledge are present near the surface, or where naturally occurring springs exist, or where the project involves substantial potential for changes in groundwater flows (i.e. construction of wells, groundwater diversion trenches, etc.), or in large subdivision projects, the Commission shall require as part of the application for permit detailed information on pre-and post-construction groundwater flows. In such cases, the Commission shall review the information to ensure there are no detrimental impacts to water quality, groundwater recharge, or wetland resource areas as a result of the proposed project. All calculations and analysis shall be summarized and provided in an easily readable and understandable format.
5. Subdivisions vs. Individual Lots
Unless otherwise specifically identified, Orders of Conditions apply only to the roads, drainage, and related infrastructure on the definitive plan, and do not apply to any individual lots. Each lot within a resource area and buffer zone as defined under the Bylaw shall be required to file a separate Notice of Intent or Request for Determination for any additional work (construction of a house and yard, e.g.)
SECTION 5 ENFORCEMENT
It is the intention of these regulations to clarify the provisions set forth under the Bylaw. Unfortunately, there may be instances where violations occur. In recognition of this fact, the Commission has devised a procedure whereby violations may be handled fairly:
a) Upon the Commission’s finding that a violation has occurred, the violator will be informed in writing of the violation and requested to attend a meeting of the Commission to resolve the matter. The meeting date shall be agreed to by both parties but in no case shall be more than one (1) month after the original date of the Commission’s notice of the violation to the violator.
b) Upon failure of the violator to appear at the meeting referred to above or upon failure of the violator to remedy the violation within the time frame set by the Commission, the Commission may levy a fine of $25.00 for the first offense, $100.00 after the second notification and $300.00 for each subsequent offense. Each day or portion thereof during which a violation continues shall constitute a separate offense. Refer to section 2.9 of the Bylaw.
SECTION 6 EFFECTIVE DATE
These regulations shall be effective upon the date of adoption by the Commission
SECTION 7 APPEALS
A decision of the Commission shall be reviewable in the Superior Court in an action filed within the time provided by MGL c. 249, s 4.
APPENDIX A
Definitions
APPENDIX A DEFINITIONS. For additional definitions refer to section 2.2 of the Bylaw.
ACTIVITY: any form of draining, dumping, dredging, damming, discharging, excavation, filling or grading; the erection, reconstruction, or expansion of any buildings or structures; the driving of pilings; the construction or improvement of roads and other ways; the changing of runoff characteristics; the intercepting or diverting of ground surface water; the installation of drainage, sewage and water systems; the discharging of pollutants; the destruction of plant life; and any other changing of the physical characteristics of land, or of the physical, biological or chemical characteristics of water.
ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION: (WPA Form 4A) provides a procedure for an applicant to confirm the precise boundaries of Bordering Vegetated Wetlands (BVW). The applicant also may use WPA Form 4A to seek confirmation of the boundaries of other resource areas which have been delineated, if the other resource area boundaries are identified on the plans which accompany the BVW boundary delineation. See Section 3.1 for details on application forms.
AESTHETICS: that quality which exists in the general aspect of a landscape, which adds to the array of impressive natural prospects and imposing features of a particular place. For the purposes of the General Wetlands Protection Bylaw, the natural prospects and imposing features referred to above are ones which are not manmade.
AQUACULTURE: the growing of aquatic organisms under controlled conditions, including but not limited to finfish, shellfish, amphibians, reptiles and seaweeds.
BOG: any area where standing or slowly running water is near or at the surface during a normal growing season, and where the vegetational community has a significant portion of the water or surface covered with sphagnum moss, and where the vegetational community is made up of a significant portion of one or more of, but not limited to nor necessarily all of, the following plants or groups of plants: azaleas (Rhododendron canadense and R. viscosum), black spruce (Picea mariana), bog cotton (Eriophorum), cranberry (Vaccinium macrocarpon), highbush blueberry (Vaccinium corymbosum), larch (Larix laricina), laurel (Kalmia polifolia), leatherleaf (Chamaedaphne calyculata), orchids (Pogonia, Calopogon), pitcher plant (Sarracenia purpurea), sundews (Drosera rotundifolia, D. intermedia), sweet gale (Myrica
gale), white cedar (Chamaecyparis thyoides), sedges (Dulichium arundinaceum, Carex canescens, Cares spp., Rychospora spp., Cladium mariscoides).
BORDERING: touching
BOUNDARY: the boundary of the Area Subject to Protection Under the Bylaw.
BYLAW: refers to the Natick Wetlands Protection Bylaw, Article 30, of the Natick General Bylaws.
CERTIFICATE OF COMPLIANCE: a written determination by the Conservation Commission that the proposed work or a portion thereof has been completed in accordance with a pertinent Permit.
COMMISSION: the Natick Conservation Commission.
CONDITIONS: those requirements set forth in a written Permit issued by the Conservation Commission for the purpose of permitting, regulating, or prohibiting any activity that removes, fills, dredges, builds upon, or alters an Area Subject to Protection Under the Bylaws.
CONSERVATION COMMISSION: that body comprised of members lawfully appointed pursuant to M.G.L. cl. 40, s 8C.
CREEK: the same as a stream.
DATE OF ISSUANCE: the date a permit, Determination, or Certificate of Compliance is mailed, as evidenced by a postmark or the date it is hand delivered.
DATE OF RECEIPT: the date of delivery to an office, home, or usual place of business by mail or hand delivery.
DEPARTMENT: Massachusetts Department of Environmental Protection (DEP).
DETERMINATION (of Applicability): a written finding by the Commission as to whether a site or the activity proposed thereon is subject to the jurisdiction of the Bylaw.
DREDGE: to deepen, widen, or excavate, whether temporarily or permanently.
EROSION CONTROL: the prevention or reduction of the detachment or movement of soil or rock fragments by water, wind, ice, and/or gravity.
EXTENSION PERMIT: a written extension of time within which the authorized activity shall be completed.
FILL: to deposit any material so as to raise an elevation, either temporarily or permanently.
FLOOD CONTROL: the prevention or reduction of flooding and flood damage.
FOR GOOD CAUSE: discovery by the Commission of new information related to the application and/or discovery by the Commission of information supplied by the applicant which in the opinion of a majority of a quorum of the Commission does not reflect actual site conditions.
FRESHWATER WETLANDS: any area where the topography is low and flat, where soils are annually saturated as demonstrated by the presence of hydric soils, or where the vegetation community is composed of species adapted to or characteristic of saturated areas. The Commission recognizes that soils can be slow to respond to hydrologic conditions and will allow a wetland delineation to be made without the presence of hydric soils. Freshwater wetlands include both Bordering and Isolated Vegetated Wetlands.
GROUND WATER SUPPLY: water below the earth’s surface in the zone of saturation.
HYDRIC SOIL: the field Indicators for Identifying Hydric Soils in New England manual shall be used as the basis for determining hydric soil characteristics.
ISSUING AUTHORITY: the Conservation Commission.
LAKE: any open body of fresh water with a surface area of 10 acres or more, and shall include Great Ponds.
LAND SUBJECT TO FLOODING OR INUNDATION (by groundwater or surface water) – areas inundated by flood waters rising from creeks, rivers, streams, ponds, lakes, or water courses; and isolated or closed basins which at least once a year confine standing water to an average depth of six (6) inches and surface area of 2,000 square feet.
LAND UNDER WATER BODIES: the land under the surface of any lake, river, pond, stream, estuary, or watercourse. The boundary of Land Under Water Bodies is the mean annual low water level.
MAJORITY: more than half the members of the Conservation Commission then present.
MARSH: an area where water is at or above the surface of the ground during the growing season, and where a significant part of the vegetational community is composed of, but not limited to nor necessarily including all of, the following plants or groups of plants: bladder worts (Utricularia)_, bur-reed (Sparganium), button bush (Cephalanthus occidentalis), cattails (Typha), duck weeds (Lemma), hydrophilic grasses (Calamagrostis Canadensis, Phalaris arunndinacea, Phragmites australis, Glyceria), pickerel week (Pontederia), pipwort (eriocaulon), rushes (Juncus effuses, Juncus spp.), hydrophilic sedges (Scirpus cyperinus, Carexs stricta, Carex lacustris, Carex crinita, Carex lurida, Eleocharis spp., Rhynchospora supp.), hydrophilic smartweeds (Polygonum spp.), water will (Decodon verticillatus), arrow head
(Sagittaria), or sweet flag (Acorus calamus).
NOTICE OF INTENT: the written notice filed by any person intending to remove, fill, dredge, or alter an Area Subject to Protection Under the Massachusetts Wetland Protection Act, M.G.L. c. 131, s. 40, or the Bylaw. See Section 3.1 for details on application forms.
OBSTRUCTION: (or objects in water) – means but is not limited to dams, weirs, sluicegates, docks, bulkheads, pilings, slips, floats, or cofferdams.
ORDER: an Order of Conditions, Superseding Order, or Final Order, whichever is applicable, issued pursuant to M.G.L. c. 131, s. 40, or the Bylaw.
ORDER OF CONDITIONS: the document issued by the Conservation Commission containing conditions which regulate or prohibit an activity under M.G.L. c. 131, s. 40 or the By-Law
PERMIT: the document issued by the Commission containing conditions which regulate or prohibit an activity under the Town of Natick Wetlands Protection Bylaw. The Commission is an appropriate case may combine the permit or other action on an application issued under the Bylaw with the Order of Conditions issued under the Wetlands Act, M.G.L. c. 131, s. 40.
PLANS: such data, maps, engineering drawings, calculations, specifications, schedules and other materials, if any, deemed necessary by the Conservation Commission to describe the site and activity; to determine the applicability of the Bylaw; or to determine the impact of the proposal upon the interests identified in the Bylaw.
POND: any open body of fresh water, either naturally occurring or man-made, which is (for not more than six months of the year) not without water due to natural causes, except during periods of extended drought. For purposes of this definition, extended drought shall mean any period of four or more months during which the average rainfall for each month is 50% or less of the ten year average for that same months. Basins or lagoons which are part of wastewater treatment plants shall not be considered ponds, nor shall swimming pools or other impervious man-made retention basins. A pond must have a minimum surface water area of at least 5,000 square feet, determined based on the annual high water elevation.
PREVENTION OF POLLUTION: the prevention or reduction of contamination of surface or ground water.
PRIVATE WATER SUPPLY: any source or volume of surface or ground water demonstrated to be in any private use, or demonstrated to have a potential for private use.
PROTECTION OF FISHERIES: protection of the capacity of an Area Subject to Protection Under the Bylaw to:
a) prevent or reduce contamination or damage to fish, and
b) to serve as the habitat and nutrient source of fish.
PUBLIC WATER SUPPLY: any source of volume of surface or ground water demonstrated to be in public use or approved for water supply pursuant to M.G.L. c. 111, s. 160 by the Division of Water Supply of the DEP or shown to have a potential for public use.
QUORUM: the majority of the duly appointed members of the Conservation Commission that when duly assembled is legally empowered to transact business.
REMOVE: to take away any type of material, thereby changing a resource area, either temporarily or permanently.
REQUEST FOR DETERMINATION OF APPLICABILITY: a written request made by any person to the Conservation Commission for a determination as to whether a site or a proposed activity thereon is subject to the Bylaw and MGL. Ch. 131, s. 40. See Section 3.1 for details on application forms.
RIVER: a naturally flowing body of water that empties to any ocean, lake, or other river, and which flows throughout the year.
RIVERFRONT AREA: a 200-foot wide corridor on each side of perennial river or stream, measured from the mean annual high-water line of the river or stream. See Massachusetts Wetlands Protection Act regulations at 310 CMR 10.58 for complete definition and performance standards.
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SEDIMENTATION CONTROL: the prevention or reduction of the collection or concentration of sand, soil or rock fragments by the action of water, wind, ice or gravity.
SIGNIFICANT: means play role. A resource area is significant to an interest identified in the Bylaw when it plays a role in the provision or protection, as appropriate, of that interest.
STORM DAMAGE PREVENTION: the prevention of damage caused by water from storms, including but not limited to; erosion and sedimentation; damage to vegetation, property, or buildings; or damage casued by flooding, waterborne debris, or waterborne ice.
STREAM: a body of running water, including brooks, creeks and other watercourses, which moves in a definite channel in the ground due to a hydraulic gradient. A portion of a stream may flow through a culvert, is naturally obscured, or beneath a bridge. A streams flow may be intermittent (i.e., does not flow throughout the year), or perennial.
SWAMP: an area where ground water is at or near the surface of the ground for a significant part of the growing season or where runoff water from surface drainage frequently collects above the soil surface, and where a significant part of the vegetational community is made up of, but not limited to nor necessarily includes all the following plants or groups of plants: alders (Alnus), ashes (Fraxinus), azalea (Rhododendron canadense or R. viscosum), winterberry (Ilex verticillata), highbush blueberry (Vaccinium corymbosum), red maple (Acer rubrum), poison sumac (Toxicodendron vernix), spicebush (Lindera benzoin), sweet pepperbush (Clethra alnifolia), black gum (Nyssa sylvatica), swamp white oak (Quercus bicolor), willow (Saliz), skunk cabbage (Sympolcarpus foetidus), sphagnum moss (Sphagnum), cinnamon
fern (Osmunda cinnamonea) or royal fern (Osmunda regalis).
WATERCOURSE: a stream wholly or partially man-made.
WET MEADOW: an area where ground water is at or near the surface of the ground for a significant part of the growing season, and where a significant part of the vegetational community is made up of, but not limited to nor necessarily includes all of the following plants or groups of plants; march fern (Theylpteris palustris), sensitive fern (Onoclea sensibilis), sedges (Scirpus cyperinus, Carex stricta, C. lanuginose, Eleocharis spp.), hydrophilic grasses (Calamagrostis Canadensis, Glyceria spp., Alopecurus pratensis), rushes (Juncus effuses, J. Canadensis), blue flag (Iris versicolor), vervain (Verbena hastate), joe-pye-weed (Eupatorium maculatum), boneset (Eupatorium perforliatum), and meadowsweet (Spiraea latifolia, S. tomentosa).
WETLAND PLANT SPECIES: those species listed as occurring in bogs, marshes, swamps, or wet meadows, as well as any other plant species known to occur primarily in wetlands, and including all species classified as Obligate, Facultative Wetland, or Facultative + or Facultative according to the most recent edition of the National List of Wetland Indicators published by the United States Fish and Wildlife Service.
WILDLIFE HABITAT: areas having a plant community composition and structure, hydrologic regime, or other characteristics sufficient to provide shelter, nutrients, growing conditions, nesting or breeding sites conductive to the propagation and preservation of wildlife.
WORK: the same as Activity.
APPENDIX B
Filing Fee Schedule
APPENDIX B FILING FEE SCHEDULE
TOWN OF NATICK WETLANDS PROTECTION BY-LAW
FILING FEE CALCULATION WORKSHEET
(for Notices of Intent, Request for Determination of Applicability & Administration under the Natick Wetland Protection By-law)
(Submit this form & check with application. Please make checks payable to: Town of Natick)
NOTICE OF INTENT - CATEGORY 1 - $100 per Activity # of Activities Total $
a. Work on single family lot: addition, pool, porch, deck, walkway, driveways, etc. ____________ _______
b. Site preparation of each single family house lot where actual house
construction is not proposed. ____________ _______
c. Control vegetation Single Family Home (SFH) ____________ _______
d. Resource Improvement ____________ _______
e. Work on septic system separate from house ____________ _______
f. Monitoring well activities minus roadway ____________ _______
g. New agricultural or aqua cultural projects ____________ _______
h. Docks ____________ _______
TOTAL CATEGORY 1 $_________________
NOTICE OF INTENT - CATEGORY 2 - $150 per Activity # of Activities Total $
a. Construction of SFH ____________ _______
b. Parking lot ____________ _______
c. Beach nourishment (placement of sand) ____________ _______
d. Electric generating facility activities ____________ _______
e. Inland limited projects minus road crossings & agriculture ____________ _______
f. Each roadway or driveway associated with Single Family Home ____________ _______
g. Each point source discharge (storm drain, detention/retention basins) ____________ _______
h. Control vegetation in development (Not SFH) ____________ _______
i. Water level variation (Dams) ____________ _______
j. Any other activity not in Category 1,3,4,5 or 6 ____________ _______
k. Water supply exploration ____________ _______
TOTAL CATEGORY 2 $_________________
NOTICE OF INTENT - CATEGORY 3 - $500 per Activity # of Activities Total $
a. Site preparation (for development) when SFH lots beyond NOI scope ____________ | 
