These performance standard regulations apply to all work which will remove, fill, dredge or alter any bank, freshwater wetland (any bog, any kettle hole, any seasonal wetland, any swamp, or any wet meadow bordering or not bordering on a river, stream, lake or pond), land under water bodies and waterways or land subject to flooding. These regulations are in addition to the preceding procedural regulations.
Applicants seeking approval under the bylaw must meet all applicable state Wetland Protection Act standards. The introduction, purpose and performance standards stated in the WPA regulations, 310 CMR 10.51 through 10.60, shall apply. In addition, the Commission finds that protection of the interests identified in the bylaw requires that applicants also meet the following additional standards. Failure to meet these standards will result in the Commission's denial of an application.
Any proposed work in a protected resource area and any proposed work that involves a new storm drain system or connection to an existing storm drain system that discharges to a protected resource area shall not result in an increase in the peak rate of surface runoff during either a two-, ten- or one-hundred-year storm event to areas beyond the boundaries of the property on which the activity is to be conducted. All filings involving a new storm drain system or connection to an existing storm drain system shall provide the Commission with a detailed stormwater pollution prevention plan during construction, as well as for long-term maintenance of the stormwater system. This plan shall specify detailed construction methods for erosion control, identify responsible parties and shall include a signed affidavit that all conditions of the pollution prevention plan shall be met. The discharge of any substances into the storm drain system, other than stormwater, is strictly prohibited.
No building of any kind, or impervious surfaces or any other facility for the temporary or permanent storage of automobiles, trucks, or other material shall be located below the one-hundred-year flood level without a valid order of conditions from the Conservation Commission.
A. 
On any application for the approval of a project involving the disturbance of more than 20,000 square feet within a protected resource area, the Commission may require:
(1) 
An analysis, by a competent wildlife biologist, of:
(a) 
The habitat value of the parcel of land to be disturbed and of the adjacent area; and
(b) 
The impact of the proposed development on wildlife populations and habitat value; and
(2) 
Proposed measures to be taken during construction and during operation to mitigate these impacts.
B. 
An evaluation by the applicant of whether a proposed project will have an adverse effect on wildlife habitat beyond the permissible thresholds shall be performed by an individual with at least a masters degree in wildlife biology or ecological science from an accredited college or university, or other competent professional with at least two years' experience in wildlife habitat evaluation.
A. 
Within 30 feet of a resource area, the Commission does not allow any disturbance of the land. Minor pruning or cutting of limbs, hand-dug tree planting, and hand-dug fencing are allowed with approval of the Conservation Commission.
B. 
Within 50 feet of a resource area, the Commission does not allow building of new structures, retaining walls, or impervious surfaces. Additions to or reconstruction of existing structures within 50 feet of a resource area shall be reviewed on a case-by-case basis.
C. 
Properties with existing structures that are currently not in compliance with the above will not be permitted to increase their degree of nonconformance. Existing disturbance or reconstruction within 30 feet of a resource area shall be reviewed on a case-by-case basis.
The Conservation Commission may issue an order of conditions permitting limited purposes as defined below, and provided they are carried out in accordance with the following general conditions and any additional conditions deemed necessary by the Conservation Commission. Limited project status applies to agricultural work and forestry work only for initial conversion prior to exempt status.
A. 
"Agricultural work" definition: work on land, including the maintenance, improvement or expansion of land used primarily and directly in the raising of animals, including but not limited to dairy cattle, beef cattle, poultry, sheep, swine, horses, ponies, mules, goats, bees, alpacas, llamas, camels and any other fur-bearing animals or on land to be used in a related manner which is incidental thereto and represents a customary and necessary use in raising such animals; and work on land to be used primarily and directly in the raising of fruits, vegetables, berries, nuts, and other foods for human consumption, feed for animals, flowers, sod, trees and nursery or greenhouse products; or on land to be used in a related manner which is incidental thereto and represents a customary and necessary use in raising such products.
B. 
"Forestry work" definition: work on land to be used primarily and directly in the raising of forest products under a planned program to improve the quantity and quality of a continuous crop or on land to be used in a related manner which is incidental thereto and represents a customary and necessary use in raising such products.
C. 
Required conditions for agriculture and forestry work.
(1) 
There shall occur no change in the existing topography or the existing soil and surface water levels of the area.
(2) 
All fertilizers, pesticides, herbicides and other such materials shall be used in accordance with all applicable state and federal laws and regulations governing their use, and shall not occur within 30 feet of the wetland.
(3) 
All activities shall be undertaken in such a manner as to prevent erosion and siltation of adjacent wetlands and water bodies as specified by the U.S.D.A. Natural Resources Conservation Service Guidelines for Soil and Water Conservation.
(4) 
All streams, rivers, ponds and lakes shall be protected by a thirty-foot-wide protective buffer of naturally occurring plant material, except where this would be absolutely impractical.
(5) 
For forestry work, there shall occur no cutting of trees or other vegetation within 30 feet of any streams, rivers, lakes or ponds, except where a stream or river crossing is necessary to build a temporary access road, and the placement of slash, branches and limbs shall not occur within 30 feet of the bank of any protected resource area.
D. 
Utilities. The construction, reconstruction, operation and maintenance of underground and overhead public utilities, such as electrical distribution or transmission lines, or communication, sewer, water or natural gas lines, may be permitted, in accordance with the following general conditions and any additional conditions deemed necessary by the Conservation Commission:
(1) 
The Commission may require a reasonable alternative route with fewer adverse effects for a local distribution or connecting line not reviewed by the Energy Facilities Siting Council.
(2) 
Best available measures shall be used to minimize adverse effects during construction.
(3) 
The surface vegetation and contours of the area shall be substantially restored.
(4) 
Applications of herbicides shall not occur within 30 feet of a wetland or water body during maintenance of the line.
(5) 
All sewer lines shall be constructed to prevent inflow and leakage.
E. 
New roadway/driveway.
(1) 
The construction and maintenance of a new roadway or driveway of minimum legal and practical width acceptable to the Planning Board, where reasonable alternative means of access from a public way to an upland area is otherwise unavailable, will be considered. In determining whether reasonable alternative means of access are available, the Commission may consider the reasonableness of any available alternatives, including the realignment or reconfiguration of the project to minimize disruption of the wetlands on the site. The minimum project exemption does not contemplate maximum development of uplands at the expense of wetlands, which would result from locating access ways in wetland areas to the greatest extent possible.
(2) 
Such roadway or driveway shall be constructed using the best available practices to minimize disturbance and maximize compliance with the applicable performance standards. In addition, such roadway or driveway shall be constructed in a manner which does not adversely restrict the flow of surface or subsurface water and so that equivalent flood storage is maintained.
(3) 
In addition, the Conservation Commission reserves the right to regulate the use of paving materials, including but not necessarily limited to asphalts, oil and stone, and other surfacing products where the limited project access road passes through sensitive wetland areas. The Commission also reserves the right to regulate the use of de-icing agents such as road salts on limited project access roads.
F. 
Maintenance and improvement of existing public roadways. These shall be limited to widening less than a single lane, adding shoulders and correcting substandard intersections.
G. 
Impoundments. The excavation of wildlife impoundments, farm ponds and ponds for fire protection uses is allowed, provided that no fill or other material is placed upon the wetland except as may be necessary to construct said impoundments or ponds, to provide access thereto, and to provide bank stabilization, with the permission of the Conservation Commission and under any orders of condition set thereto.
H. 
Beaches, ramps and water structures. The following are limited waterfront projects for which the Conservation Commission may issue an order of conditions to protect the interests in the bylaw:
(1) 
Maintenance of beaches and boat launching ramps which existed on the effective date of these regulations.
(2) 
Maintenance, repair and improvement (but not substantial enlargement) of structures, including buildings, piers, towers, and headwalls, which existed on the effective date of these regulations.
(3) 
Construction and maintenance of catwalks, footbridges, docks, boathouses, boat shelters, duck blinds, and observation decks; provided, however, that such structures are constructed on pilings or posts so as to permit the reasonably unobstructed flowage of water, minimal damage to preexisting banks and adequate light to maintain vegetation.
I. 
Routine road maintenance. The routine maintenance and repair of road drainage structures, including culverts and catch basins, drainage easements, ditches, watercourses, and artificial water conveyances, to ensure flow capacities which existed on the effective date of these regulations.
J. 
Stream crossings. The construction of bridges over streams when all Army Corps of Engineers Section 404 permits have been issued and the following requirements are met:
(1) 
Stream crossing construction is performed during low water periods in the late summer, fall and winter months (July 1 to March 1).
(2) 
At all times, all areas within 100 feet of the stream crossing which are disturbed, or have vegetation removed, shall be covered with hay mulch, or similar material to prevent erosion and siltation. In areas of heavy activity, mulch may need to be spread each day.
(3) 
Construction workers and machinery shall not work in the stream, except where absolutely essential to complete construction activities.
(4) 
Silt fences and hay bale/filter sock/baffle dikes are placed to keep silt from the construction area from reaching the stream.
(5) 
Immediately upon the completion of the stream crossing, all bankings are to be stabilized with mesh netting or other suitable material. Restoration of "critical edge" through replanting shrubs and trees within 30 feet of the bank of the stream shall be accomplished within a reasonable time.
K. 
Vegetation removal.
(1) 
The Conservation Commission may issue an order of conditions for projects which will improve the natural capacity of resource area(s) to protect the interests identified in the bylaw. Such projects include, but are not limited to, the removal of aquatic nuisance vegetation to retard pond and lake eutrophication and the thinning or planting of vegetation to improve habitat value. For vegetation removal using herbicides, all Board of Health permits must be obtained before an order of conditions is issued.
(2) 
Although the Commission may issue an order of conditions permitting the removal of aquatic nuisance vegetation, it is recommended that homeowners around ponds and lakes affected by accelerated eutrophication adopt a program to reduce the use of detergents and soaps with high phosphate contents within individual homes in an attempt to curb the problem at its source.