[Amended 8-10-2009; 3-5-2018; 1-6-2020]
17
A.
Definition, critical characteristics, boundary, presumption of existence.
(1)
Definition, critical characteristics. A vernal pool is defined in the Bylaw at § 227-9 as any confined basin or depression not occurring in existing lawns, gardens, landscaped areas or driveways that holds water, at least in most years, for a minimum of two continuous months during the spring and/or summer; contains at least 200 cubic feet of water; is free of adult predatory fish populations; and provides essential breeding and rearing habitat functions for amphibian, reptile, or other vernal pool community species, regardless of whether the site has been certified by the Massachusetts Division of Fisheries and Wildlife. The boundary of the resource area for a Vernal Pool shall be 100 feet outward from the mean annual high-water line defining the depression, but shall not include a lawn, garden, landscaped area or developed area in existence and maintained since at the time of the effective date of this provision in this chapter (June 2005).
(2)
Presumption that confined basin and adjacent land is a vernal pool. The Bylaw at § 227-7B(3)(b) of the Easton Town Code presumes that all areas meeting the definition of "vernal pool" perform essential wildlife habitat. These areas are essential breeding habitat, and provide other important wildlife habitat functions, during non-breeding season, for a variety of amphibian species including, but not limited to, the wood frog (Rana sylvatica), as well as the blue-spotted salamander (Ambystoma laterale) and marbled salamander (Ambystoma opacum). A vernal pool is highly likely to be significant to wildlife habitat, rare species habitat, groundwater supply, and flood control. This presumption may be overcome only by the presentation of credible evidence which, in the judgment of the Commission, demonstrates that the basin or depression, or the adjacent land, does not meet the physical criteria of the definition, or, if it meets such criteria, does not provide essential habitat and wetland functions. Any formal evaluation should be performed by an individual meeting the qualifications under the wildlife habitat section of the Wetlands Protection Act Regulations.
(3)
Buffer zone. As specified in the Town Bylaw at § 227-7B(1), land within 100 feet of a vernal pool boundary is likely to be significant to the protection and maintenance of the vernal pool and, therefore, to the protection of the Bylaw wetland values that this chapter resource area serves to protect. Said buffer zone is regulated under § 503-20 of the Easton Town Code, which states that the Commission shall not allow alteration in the entire buffer zone of a vernal pool unless the Commission grants a waiver to this performance standard of no alteration as further provided in § 503-20C(4) of the Easton Town Code.
B.
(Reserved)
C.
Performance standards.
(1)
(Reserved)
(2)
Activity or work that will result in altering the vernal pool or land within the buffer zone of any vernal pool, whether or not such lands are within or abut an estimated (rare species) habitat area as designated on the most current map prepared by the Massachusetts Natural Heritage & Endangered Species Program, shall be considered to be adverse to the interests protected by the Bylaw and these regulations and generally shall be prohibited by the Conservation Commission. The Commission may grant a waiver of this performance standard only as provided in § 503-22 of the Easton Town Code. Activities or Work contemplated hereunder shall include, but not be limited to, point-source stormwater discharges to Vernal Pools and their buffer zones.
(3)
(Reserved)
(4)
Where the Bylaw resource area of vernal pool is within an area of critical environmental concern, the Conservation Commission shall be diligent in its review of the proposed activity. The Commission generally shall not allow the application of new pavement or other impervious materials within the vernal pool or the buffer zone to the vernal pool as provided in § 503-20C(4) of the Easton Town Code. The Commission may grant a waiver of this performance standard as provided in § 503-22 of the Easton Town Code.
18
A.
Definition, critical characteristics, boundary.
(1)
Reservoir: a naturally occurring lake or pond or other basin where
water is collected and stored for future use.
(2)
Lake: A Lake means any open body of freshwater with a surface area
of 10 acres or more. Any pond over 10 acres is usually called a "lake"
but the term is synonymous with a pond.
(3)
Pond: A pond is any open body of fresh water, either naturally occurring
or manmade by impoundment, excavation, or otherwise, which is never
without standing water due to natural causes, except in periods of
extended drought. For purposes of this definition, "extended drought"
shall mean those periods, in specifically identified geographic locations,
determined to be at the "Advisory" or more severe drought level by
the Massachusetts Drought Management Task Force, as established by
the Executive Office of Environmental Affairs and the Massachusetts
Emergency Management Agency in 2001, in accordance with the Massachusetts
Drought Management Plan. Notwithstanding the above, the following
man-made bodies of open water shall not be considered ponds:
B.
Presumption of significance, findings. The Conservation Commission shall presume that protection of the resource areas protected under the Bylaw, a reservoir, lake, and pond, are significant to the Bylaw wetland values specified in § 503-1B of the Easton Town Code.
C.
Performance standards.
(1)
The Commission shall apply the performance standards of bank and
land under water bodies and waterways in assessing a proposed project
that would alter either a perennial or intermittent stream
(2)
A reservoir, lake, and pond each have a one-hundred-foot buffer zone
and may have a two-hundred-foot riverfront area under the Bylaw and
these areas are classified as resource areas subject to protection
under the Bylaw. Consequently, the Conservation Commission shall apply
the performance standards of the riverfront area in assessing a proposed
project that would alter a reservoir, lake, or pond.
19
A.
Definition, critical characteristics, boundary.
(1)
River (perennial stream).
(a)
A river (perennial stream) is any natural or man-made flowing
body of water that empties to any ocean, lake, pond, wetland, or other
perennial stream and which flows throughout the year. A river is a
perennial stream. A river or perennial stream is characterized by
horizontal zonation, as opposed to the vertical stratification typically
associated with lakes, ponds, and embayments.
[1]
A river or stream shown as perennial on the current United States
Geological Survey (USGS) is perennial.
[2]
A river or stream shown as intermittent or not shown on the
current USGS map that has a watershed size greater than or equal to
one square mile is perennial.
[3]
A stream shown as intermittent or not shown on the current USGS
map or more recent map provided by the Department that has a watershed
size less than one square mile is perennial if the stream has a watershed
size of at least 0.50 square mile and has a predicted flow rate greater
than or equal to 0.01 cubic feet per second at the 99% flow duration
using the USGS Stream Stats method.
[4]
When the USGS StreamStats method cannot be used because the
stream does not have a mapped and digitized centerline and the stream
has a watershed size of at least 0.50 square mile, and the surficial
geology of the contributing drainage area to the stream at the project
site contains 75% or more stratified drift, the issuing authority
shall find such streams to be perennial. Stratified drift shall mean
sand and gravel deposits that have been layered and sorted by glacial
meltwater streams. Areal percentages of stratified drift may be determined
using USGS surficial geologic maps, USGS Hydrological Atlases, Massachusetts
Geographical Information System (MassGIS) surficial geology data layer,
or other published or electronic surficial geological information
from a credible source.
[Added 10-20-2014]
[5]
Rivers include perennial streams that cease to flow during periods
of extended drought. Periods of extended drought shall be those periods,
in those specifically identified geographic locations, determined
to be at the "Advisory" or more severe drought level by the Massachusetts
Drought Management Task Force, as established by the Executive Office
of Environmental Affairs and the Massachusetts Emergency Management
Agency in 2001, in accordance with the Massachusetts Drought Management
Plan (MDMP). Rivers and streams that are perennial under natural conditions
but are significantly affected by drawdown from withdrawals of water
supply wells, direct withdrawals, impoundments, or other manmade flow
reductions or diversions shall be considered perennial.
[Added 10-20-2014]
(b)
Where a river (perennial stream) flows through a culvert of
any length it does not lose its classification as a river.
(2)
Stream (creek, intermittent stream).
(a)
An intermittent stream is that segment of a flowing watercourse,
natural or manmade, that regularly experiences naturally occurring
sporadic flow interruptions such that it does not have a continuous
sheet of surface water for five consecutive days or more annually.
Where there is a question as to whether a stream is intermittent or
perennial, the Commission shall find any stream is intermittent based
upon a documented field observation that the stream is not flowing.
A documented field observation shall be made by a competent source
and shall be based upon an observation made at least once per day,
over four days in any consecutive twelve-month period, during a non-drought
period on a stream not significantly affected by drawdown from withdrawals
of water supply wells, direct withdrawals, impoundments, or other
man-made flow reductions or diversions. Field observations shall be
documented by field notes and by dated photographs or video. All field
observations shall be submitted to the Conservation Commission with
a statement signed under the penalties of perjury attesting to the
authenticity and veracity of the field notes, photographs or video
and other credible evidence. Department staff, conservation commissioners,
and conservation commission staff are competent sources; issuing authorities
may consider evidence from other sources that are determined to be
competent.
[Amended 10-20-2014]
(b)
Intermittent streams exhibit a longitudinal gradient of hydrology,
from:
[1]
ephemeral channels that flow only in response to storms, through
[2]
intermittent sections that flow seasonally until the groundwater
table falls below the channel and are dry the rest of the year, and
[3]
interstitial reaches that flow seasonally and retain pools connected
by subsurface flow during the summer, to
[4]
the perennial stream.
(c)
The Conservation Commission recognizes four types of intermittent
streams:
[1]
Type I: a stream segment that originates at the headstream and
is sometimes associated with forested seeps and small wetlands and
include headwater (first- through third-order) streams, which are
important both for aquatic biodiversity and for ecological function
of lower stream reaches.
[2]
Type II: a stream segment that does not originate at the headstream
in which continuous standing water disappears for at least five but
not more than 30 consecutive days annually.
[3]
Type III: a stream segment that does not originate at the headstream
in which continuous standing water disappears for more than 30 consecutive
days annually.
[4]
Type IV: a stream segment, without regard to duration of continuous
standing water, that connects two culvert pipes or otherwise functions
as a man-made drainage channel within an already developed area.
B.
Presumption of significance, findings. The Conservation Commission shall presume that protection of a river and a stream is significant to the Bylaw wetland values specified in § 503-1B of the Easton Town Code.
(1)
River (perennial stream).
(a)
A river (perennial stream) serves as public and private water
supplies. In addition, a river is important for storm damage prevention,
flood control, groundwater protection, wildlife habitat, and recreation
values.
(b)
The surface water interaction with groundwater significantly
influences the ecosystem of a river. The dynamic relationship between
surface and groundwater within the "hyporheic zone" sustains communities
of aquatic organisms which regulate the flux of nutrients, biomass
and the productivity of organisms including fish within the stream
itself. The hyporheic zone extends to greater distances horizontally
from the channel in large, higher-order streams with alluvial floodplains,
but the interaction within this zone is important in smaller streams
as well.
(2)
Intermittent stream (creek).
(a)
Intermittent streams are important for storm damage prevention,
flood control, groundwater protection, wildlife habitat, and recreation
values. During spring, summer, and fall these streams disperse snow
melt and storm runoff across the landscape thereby preventing dangerous
volumes and flows from spilling over roadways and property. This board
dispersal also allows for larger volumes of water to infiltrate into
the ground, recharging groundwater supplies.
(b)
Intermittent streams are an essential source of food and water
for wildlife, and are often the only source of water in higher elevation
areas of Town. The moist soils that border intermittent streams are
significantly richer in herbs and flowering/fruiting plants, the base
tropic level of food, than surrounding upland areas.
(c)
During all seasons, but especially in winter and spring, intermittent
streams act as essential corridors for animal movement when food is
scarce. Some animals, such as pickerel frogs and eastern spotted newts,
rely heavily on intermittent streams for movement.
(d)
For the above reasons the upland areas surrounding intermittent
streams are heavily utilized by wildlife for living space, breeding,
feeding, migrating, dispersal, and security. Accordingly, the Bylaw
protects intermittent streams of all forms and the adjacent upland
resource within 200 feet of those streams (the riverfront area).
C.
Performance standards.
(1)
The Commission shall apply the performance standards of bank and
land under water bodies and waterways in assessing a proposed project
that would alter either a perennial or intermittent stream.
(2)
A river and a stream each have a two-hundred foot riverfront area
under the Bylaw and these areas are classified as resource areas subject
to protection under the Bylaw. Consequently, the Conservation Commission
shall apply the performance standards of the riverfront area in assessing
a proposed project that would alter either a river or stream.
A.
Definition, critical characteristics, boundary.
(1)
A bank is the portion of the land surface which normally abuts and
confines a water body. A bank occurs between a water body and a vegetated
bordering wetland and adjacent floodplain, or, in the absence of these,
it occurs between a water body and upland.
(2)
A bank may be partially or totally vegetated or it may be composed
of exposed soil, gravel, or stone. Where the bank is flat and not
vegetated or only partially vegetated, it is a "beach."
(3)
The upper boundary of a bank is the first observable break in the
slope of the mean annual flood level or the mean annual flood level,
whichever is higher. The lower boundary of a bank is the mean annual
low flow level.
B.
Presumption of significance; findings.
(1)
The Conservation Commission shall presume that protection of a bank is significant to the Bylaw wetland values specified in § 503-1B of the Easton Town Code.
[Amended 3-5-2018]
(2)
A bank is likely to be significant to wildlife, wildlife habitat,
public or private water supply, to groundwater supply, to flood control,
to storm damage prevention, to the prevention of pollution, and to
the protection of fisheries. Where a bank is composed of concrete,
asphalt, or other artificial impervious material, said bank is likely
to be significant to flood control and storm damage prevention.
(3)
A bank is an area where groundwater discharges to the surface and
where, under some circumstances, surface water recharges the groundwater.
(4)
Where a bank is partially or totally vegetated, the vegetation serves
to maintain the stability of the bank, which in turn protects water
quality by reducing erosion and siltation.
(5)
A bank may also provide shade that moderates water temperatures,
as well as providing breeding habitat and escape cover and food, all
of which are significant to the protection of fisheries. A bank that
drops off quickly or overhangs the water's edge often contains numerous
undercuts that are favorite hiding spots for important game species.
(6)
A bank acts to confine floodwater during the most frequent storms,
preventing the spread of water to adjacent land. Because a bank confines
water during such storms to an established channel it maintains water
temperatures and depths necessary for the protection of fisheries.
The maintenance of cool water temperatures during warm weather is
critical to the survival of many species. An alteration of a bank
that permits water to frequently and consistently spread over a larger
and shallower area increases the amount of property that is routinely
flooded, as well as elevating water temperatures and reducing fish
habitat within the main channel, particularly during warm weather.
C.
Performance standards.
(1)
No activity or work, other than the maintenance of an already existing structure, which will result in the building within or upon, removing, filling, or altering of a bank, whether or not such lands are within or abut an estimated (rare species) habitat area as designated on the most current map prepared by the Massachusetts Natural Heritage & Endangered Species Program, shall be allowed by the Commission. The Commission may grant a waiver of this performance standard as provided in § 503-22 of the Easton Town Code.
[Amended 3-5-2018]
(2)
Any activity which is allowed by the Commission on a bank through
a waiver of the performance standard shall not impair the following:
(4)
Additional Standards for ACEC. 21 Where the Bylaw resource area of bank is within an area of critical environmental concern, the Conservation Commission shall be diligent in its review of the proposed activity. Commission shall not allow the application of new pavement or other impervious materials within the bank or the one-hundred-foot buffer zone to the bank and shall regulate the application of impervious materials in the restricted area beyond the one-hundred-foot buffer zone in accordance with § 503-23B(2) of the Easton Town Code. The Commission may grant a waiver of this performance standard as provided in § 503-22 of the Easton Town Code.
[Amended 8-10-2009]
A.
Definition, critical characteristics, boundary.
(1)
Vegetated wetlands ("freshwater wetlands" as provided in the Bylaw at § 227-2 of the Easton Town Code) are areas where the topography is low and flat and where the soils are annually saturated. Vegetated wetlands may be bordering on surface water bodies or other Bylaw resource areas or they may be isolated. Vegetated wetlands may be of any size.
(2)
The types of vegetated wetlands include but are not limited to wet
meadows, marshes, swamps, and bogs. The ground and surface water regime
and the vegetative community that occur in wet meadows, marshes, swamps,
and bogs are specified in the Wetlands Protection Act, MGL c. 131,
§ 40, sixth paragraph (bogs), ninth paragraph (swamps),
tenth paragraph (wet meadows), eleventh paragraph (marshes).
(3)
Vegetated Wetlands also include areas where groundwater, flowing
or standing surface water, or ice provides a significant part of the
supporting substrate for a plant community for at least five months
of the year, such as a seep, and areas of emergent and submerged plant
communities in inland waters.
(4)
The boundaries of a vegetated wetland are the line within which 50% or more of the vegetative community consists of wetland species identified in the Wetlands Protection Act as referenced in the aforesaid Subsection A(2). Alternatively, if the vegetative community has been disturbed, then the boundaries may be determined in accordance with the standards of Subsection A(5) below.
(5)
The boundary of a vegetated wetland that has been disturbed (e.g.,
by cutting, filling, or cultivation), the boundary is the line within
which there are indicators of saturated or inundated conditions sufficient
to support a predominance of wetland indicator plants, a predominance
of wetland indicator plants, or credible evidence from a competent
source that the area supported or would support under undisturbed
conditions a predominance of wetland indicator plants before the disturbance.
B.
Presumption of significance; findings.
(1)
The physical characteristics of vegetated wetlands, as described in the aforesaid Subsection A, are critical to the protection of the Bylaw wetland values and these characteristics are more specifically described in Subsection B(2) below. The Conservation Commission shall presume that protection of a vegetated wetland, whether bordering or isolated, is significant to the Bylaw wetland values specified in § 503-1B of the Easton Town Code. This presumption of significance may be rebutted upon a showing by clear and convincing evidence that the vegetated wetland does not play a role in the protection of the Bylaw wetland values.
(a)
Where the Conservation Commission determines that the presumption
of significance of the vegetated wetland to one or more, but not all,
Bylaw wetland values has been overcome, the Commission shall make
a written determination to this effect, setting forth its grounds
as part of its findings in the permit for work or denial of the permit
for work.
(b)
Where the Conservation Commission determines that the presumption
of significance of the vegetated wetland to all Bylaw wetland values
has been overcome, the Commission shall make a written determination
to this effect, setting forth its grounds in a determination of nonsignificance.
(2)
Vegetated wetlands are likely to be significant to wildlife, public
or private water supply, to groundwater supply, to flood control,
to storm damage prevention, to prevention of pollution, to the protection
of fisheries, and to the protection of shellfish.
(3)
The plant communities, soils, and associated low, flat topography
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. Others are held by plants during the growing season
and released as the plants decay in the fall and winter. This latter
phenomenon delays the impacts of nutrients and toxins until the cold
weather period, when such impacts are less likely to reduce water
quality.
(4)
Vegetated wetlands are areas where groundwater discharges to the
surface and where, under some circumstances, surface water discharges
to the groundwater, thus protecting groundwater quality and quantity
and maintaining the flow of streams during dry seasons.
(5)
The profusion of vegetation and the low, flat topography of a vegetated
wetland slow down and reduce the passage of flood waters during periods
of peak flow by providing temporary flood water storage and by facilitating
water removal through evaporation and transpiration. This reduces
downstream flood crests and resulting damage to private and public
property. During dry periods the water retained in a vegetated wetland
is essential to the maintenance of base flow levels in rivers and
streams, which base flow, in turn, is important to the protection
of water quality and water supplies.
[Amended 3-5-2018]
(6)
Wetlands vegetation provides shade that moderates water temperatures
important to fish life. Vegetated wetlands flooded by adjacent water
bodies and waterways provides flood, breeding habitat, and cover for
fish. Fish populations in the larval stage are particularly dependent
upon food provided by overbank flooding which occurs during peak flow
periods (extreme storms), because most river and stream channels do
not provide quantities of the microscopic plant and animal life required.
(7)
Wetlands vegetation supports a wide variety of insects, reptiles,
amphibians, mammals, and birds that are a source of food for important
game fish. Bluegills (Lepomis macrochirus), pumpkinseeds (Lepomis
gibbosus), yellow perch (Perea flavenscens), rock bass (Ambloplites
rupestris), and all trout species feed upon nonaquatic insects. Largemouth
bass (Micropterus salmoides), chain pickerel (Esox niger), and northern
pike (Esox Lucius) feed upon small mammals, snakes, nonaquatic insects,
birds, and amphibians. Vegetated wetlands are also important to the
protection of rare and endangered wildlife species.
(8)
Vegetated wetlands, together with land within 100 feet of a vegetated
wetland (the buffer zone) serve to moderate and alleviate thermal
shock and pollution resulting from runoff from impervious surfaces,
which may be detrimental to wildlife, fisheries, and shellfish downstream
of the vegetated wetland.
(9)
The buffer zone to a vegetated wetland is likely to be significant to the protection and maintenance of the vegetated wetland and, therefore, to the protection of the Bylaw wetland values that the vegetated wetland serves to protect. Said one-hundred-foot buffer zone is regulated under § 503-20 of the Easton Town Code.
C.
Performance standards.
(1)
No activity or work, other than the maintenance of an already existing structure, which will result in the building within or upon, removing, filling, or altering of a vegetated wetland, or land within 50 feet of any vegetated wetland (the fifty-foot inner buffer zone), whether or not such lands are within or abut an estimated (rare species) habitat area as designated on the most current map prepared by the Massachusetts Natural Heritage & Endangered Species Program, shall be permitted by the Conservation Commission. The Commission may grant a waiver of this performance standard as provided in § 503-22 of the Easton Town Code.
[Amended 3-5-2018]
(2)
Any activity that the Conservation Commission allows pursuant to the criteria in the aforesaid Subsection C(1) upon or within 50 feet of a vegetated wetland shall not impair in any way the ability of the Vegetated Wetland to perform any of the functions set forth in the aforesaid Subsection B of this § 503-17.
[Amended 8-10-2009]
(4)
Additional Standards for ACEC.23 Where the Bylaw resource area of vegetated wetlands is within an area of critical environmental concern, the Conservation Commission shall be diligent in its review of the proposed activity. The Commission shall not allow the application of new pavement or other impervious materials within the vegetated wetlands or the one hundred-foot buffer zone to the vegetated wetlands and shall regulate the application of impervious materials in the restricted area beyond the one-hundred- foot buffer zone in accordance with § 503-23B(2) of the Easton Town Code. The Commission may grant a waiver of this performance standard as provided in § 503-22 of the Easton Town Code.
[Amended 8-10-2009]
A.
Definition, critical characteristics, boundary.
B.
Presumption of significance; findings.
(1)
The Conservation Commission shall presume that protection of land under water bodies and waterways is significant to the Bylaw wetland values specified in § 503-1B of the Easton Town Code.
[Amended 3-5-2018]
(2)
Land under water bodies and waterways is likely to be significant
to wildlife, wildlife habitat, public and private water supply, to
groundwater supply, to flood control, to storm damage prevention,
to prevention of pollution, and to the protection of fisheries.
(3)
Where land under water bodies and waterways is composed of pervious
material, such land represents a point of exchange between surface
and ground water.
(4)
The physical nature of land under water bodies and waterways is highly
variable, ranging from deep organic and fine sedimentary deposits
to rocks and bedrock. The organic soils and sediments play an important
role in the process of detaining and removing dissolved and particulate
nutrients (such as nitrogen and phosphorous) from the surface water
above. The organic soils and sediments also serve as traps for toxic
substances (such as heavy metal compounds).
(5)
Land under water bodies and waterways, in conjunction with a bank,
serves to confine flood water within a definite channel during the
most frequent storms. Filling within this channel blocks flows which
in turn causes backwater and overbank flooding during such storms.
An alteration of land under water bodies and waterways that causes
water to frequently spread out over a larger area at a lower depth
increases the amount of property that is routinely flooded. In addition,
such an alteration results in an elevation of water temperature and
a decrease in habitat in the main channel, both of which are detrimental
to fisheries, particularly during periods of warm weather and low
flows.
(6)
Land under rivers, streams, and creeks that is composed of gravel
allows the circulation of cold, well-oxygenated water necessary for
the survival of important game fish species. River, stream, and creek
bottoms with a diverse structure composed of gravel, large and small
boulders, and rock outcrops provide escape cover and resting areas
for game fish species. Such bottom type also provides areas for the
production of aquatic insects essential to fisheries.
(7)
Land under ponds and lakes is vital to a large assortment of warm-water
fish during spawning periods. Species such as largemouth bass (Micropterus
salmoides), smallmouth bass (Micropterus dolomieui), blue gills (Lepomis
marcrochirus), pumpkinseeds (Lepomis gibbous), black crappie (Promoxis
nigromaculatus), and rock bass (Ambloplites rupestris) build nests
on the lake and bottom substrates within which they shed and fertilize
their eggs.
(8)
Land within 100 feet of land under water bodies and waterways is likely to be significant to the protection and maintenance of the land under water bodies and waterways and, therefore, to the protection of the Bylaw wetland values that this Bylaw resource area serves to protect. Said hundred-foot buffer zone is regulated under § 503-20 of the Easton Town Code.
C.
Performance standards.
(1)
No activity or work, other than the maintenance of an already existing structure, which will result in the building within or upon, removing, filling, or altering of land under water bodies and waterways, or land within 50 feet of any land under water bodies and waterways (the fifty-foot inner buffer zone), whether or not such lands are within or abut an estimated (rare species) habitat area as designated on the most current map prepared by the Massachusetts Natural Heritage & Endangered Species Program, shall be permitted by the Conservation Commission. The Commission may grant a waiver of this performance standard as provided in § 503-22 of the Easton Town Code.
[Amended 3-5-2018]
(2)
Any activity that the Conservation Commission allows pursuant to the criteria in the aforesaid Subsection C(1) upon or within 50 feet of land under water bodies and waterways shall not impair in any way the ability of the land under water bodies and waterways to perform any of the functions set forth in the aforesaid Subsection B of this § 503-18.
(4)
Additional Standards for ACEC.25 Where the Bylaw resource area of land under water bodies is within an area of critical environmental concern, the Conservation Commission shall be diligent in its review of the proposed activity. The Commission shall not allow the application of new pavement or other impervious materials within the land under water bodies or the one-hundred-foot buffer zone to the land under water bodies and shall regulate the application of impervious materials in the restricted area beyond the one-hundred-foot buffer zone in accordance with § 503-23B(2) of the Easton Town Code. The Commission may grant a waiver of this performance standard as provided in § 503-22 of the Easton Town Code.
[Amended 8-10-2009]
A.
Definition, critical characteristics, boundary.
(1)
Bordering land subject to flooding.
(a)
Bordering land subject to flooding is an area with low, flat
topography adjacent to and inundated by flood waters rising from rivers,
streams (creeks), reservoirs, lakes, or ponds. Bordering land subject
to flooding extends from the banks of these waterways and water bodies;
where a bordering vegetated wetland is present, bordering land subject
to flooding extends from said vegetated wetland.
(b)
The boundary of bordering land subject to flooding is the estimated
maximum lateral extent of flood water that will theoretically result
from the statistical one hundred-year frequency storm.
[1]
Said boundary shall be that determined by reference to the most
recently available flood profile data prepared for the community within
which the work is proposed under the National Flood Insurance Program
(NFIP, currently administered by the Federal Emergency Management
agency, successor to the U.S. Department of Housing and Urban Development).
The Conservation Commission shall presume this boundary accurate.
This presumption may be overcome only by credible evidence from a
registered professional engineer or other professional competent in
such matters.
[2]
Where NFIP profile data are unavailable, the boundary of bordering
land subject to flooding shall be the maximum lateral extent of flood
water that has been observed or recorded by a person competent in
such matters.
(2)
Isolated land subject to flooding.
(a)
Isolated land subject to flooding is an isolated depression
or closed basin without an inlet or an outlet. It is an area that
at least once a year confines standing water of any volume. Isolated
land subject to flooding may be underlain by pervious material, which,
in turn, may be covered by a mat of peat or muck.
(b)
The boundary of isolated land subject to flooding is the perimeter
of the largest observed or recorded volume of water confined in said
area or as such is evidenced by the physical characteristics of the
basin.
B.
Presumption of significance; findings. The Conservation Commission shall presume that protection of land subject to flooding, both bordering and isolated, is significant to the Bylaw wetland values specified in § 503-1B of the Easton Town Code.
(1)
Bordering land subject to flooding.
(a)
Bordering land subject to flooding is an area that floods from
a rise in a bordering waterway or water body. The topography and location
of bordering land subject to flooding are critical to the protection
of the Bylaw wetland values of flood control and storm damage prevention.
(b)
Bordering land subject to flooding provides a temporary storage
area for flood waters that have overtopped the bank of the main channel
of a river or stream (creek) or the basin of a reservoir, lake or
pond. During periods of peak run-off, flood waters are both retained
(i.e., slowly released through evaporation and percolation) and detained
(slowly released through surface discharge) by bordering land subject
to flooding. Over time, incremental filling of these Bylaw resource
areas causes increases in the extent and level of flooding by eliminating
flood storage volume or by restricting flows, thereby causing increases
in damage to public and private properties.
(2)
Isolated land subject to flooding.
(a)
Isolated land subject to flooding is an isolated depression
or a closed basin that serves as a ponding area for surface water
run-off or high groundwater that has risen above the ground surface.
Such areas are likely to be locally significant to flood control and
storm damage prevention.
(b)
Isolated land subject to flooding provides a temporary storage
area where run-off and high groundwater pond and slowly evaporate
or percolate into the substrate. Filling causes lateral displacement
of the ponded water onto contiguous properties, which may result in
damage to said properties.
(c)
Where isolated land subject to flooding is underlain by pervious
material it is likely to be significant to public or private water
supply and to groundwater supply. In such a situation, isolated land
subject to flooding provides a point of exchange between ground and
surface waters.
[Amended 3-5-2018]
(d)
Where isolated land subject to flooding is underlain by pervious
material covered by a mat of organic peat and muck, it is also likely
to be significant to the prevention of pollution. Contaminants introduced
into the soil, such as septic system discharges and road salts, find
easy access into the groundwater and neighboring wells. Where these
conditions occur and a mat of organic peat or muck covers the substrate
of the isolated land subject to flooding, said mat serves to detain
and remove contaminants, which might otherwise enter the groundwater
and neighboring wells.
[Amended 3-5-2018]
(e)
Isolated land subject to flooding provides important breeding
habitat for amphibians and some rare plants.
C.
Performance standards for bordering and isolated land subject to
flooding.
(1)
No activity or work, other than the maintenance of an already existing structure, which will result in the building within or upon, removing, filling, or altering of land subject to flooding, or land within 50 feet of any land subject to flooding (the fifty-foot inner buffer zone), whether or not such lands are within or abut an estimated (rare species) habitat area as designated on the most current map prepared by the Massachusetts Natural Heritage & Endangered Species Program, shall be permitted by the Conservation Commission. The Commission may grant a waiver of this performance standard as provided in § 503-22 of the Easton Town Code.
[Amended 3-5-2018]
(2)
Any activity that the Conservation Commission allows pursuant to the criteria in the aforesaid Subsection C(1) upon or within 50 feet of a land subject to flooding shall not impair in any way the ability of the land subject to flooding to perform any of the functions set forth in the aforesaid Subsection B of this § 503-19.[1]
[1]
Editor’s Note: Former Subsection C(3), Rare species;
prohibited activities or work, added 9-25-2005, which immediately
followed this subsection, was repealed 3-5-2018.
A.
Definition, critical characteristics, boundary.
(1)
A buffer zone is a resource area subject to protection under the
Bylaw that is land extending 100 feet horizontally outward from the
boundary of the following Bylaw resource areas: vernal pools; reservoirs,
lakes, and ponds; rivers and streams; banks; vegetated wetlands, whether
bordering or isolated; lands under water bodies; and lands subject
to flooding, both bordering and isolated.
B.
Presumption of significance; findings.
(1)
The Conservation Commission shall presume that protection of the Buffer Zone is significant to the Bylaw wetland values specified in § 503-1B of the Easton Town Code.
(2)
A buffer zone is highly likely to be significant to the Bylaw wetland values listed in § 503-1B of the Easton Town Code, and in protecting these Bylaw wetland values in many ways, including but not limited to:
(a)
Moderating water temperature by providing shade and cover through
the riparian vegetation growing within the buffer zone.
(b)
Filtering sediments, pollutants, and other contaminants (e.g.,
pesticides and heavy metals) from surface flow.
(c)
Preventing erosion in riparian areas and precluding development
that could lead to increased contaminant loading.
(d)
Reducing nutrient inputs into streams by (i) filtering from
surface flow the nutrient bound to sediments; (ii) removing nutrients
from groundwater through uptake in vegetation and by de-nitrification,
and (iii) precluding development that could increase nutrient loading,
for example, septic systems, fertilized lawns, and landscaping.
(e)
Maintaining stream flow by storing water, thus helping maintain
the base flow and water quality during low-flow periods.
(f)
Providing one of the richest habitat zones for aquatic organisms,
mammals, birds, and amphibians in the vegetated uplands adjacent to
vegetated wetlands.
(g)
Providing corridors critical for wildlife movement.
C.
Performance standards.
(1)
Inner fifty-foot no-disturbance zone for undisturbed lands.
(a)
Undisturbed land is land determined by the Conservation Commission
to be of a predominantly natural character or to have been altered
after December 8, 1986, without a permit for work from the Commission
or an order of conditions under the Wetlands Protection Act.
(b)
No alterations are permitted within the inner 50 feet of the
buffer zone.
(c)
Prohibited alterations include, but are not limited to, grading,
landscaping, clearing or cutting of vegetation, filling, excavating,
and construction of roads or structures.
[Amended 3-5-2018]
[1]
Structures include, but are not limited to, single-family houses,
multifamily dwellings, commercial or industrial buildings, porches,
decks, house additions, pools, septic system and any of its components,
and sheds.
[2]
Driveways, roadways, fences, walls, septic system repairs, and facilities for stormwater management may be allowed in the fifty-foot no-disturbance zone, whether or not such lands are within or abut an estimated (rare species) habitat area as designated on the most current map prepared by the Massachusetts Natural Heritage & Endangered Species Program and in accordance with the waiver provisions of § 503-22 of the Easton Town Code, when no other feasible alternatives exist; provided, however, that no new septic system connecting pipes (as well as the prohibited tank and sub-surface soil absorption system) shall be allowed in the inner fifty-foot buffer zone to a BVW or bank.
(2)
Inner fifty-foot no-disturbance zone for disturbed lands.
(a)
Disturbed land is land determined by the Conservation Commission
to be of a legally modified nature that was altered before December
8, 1986, or after that date with a permit for work from the Commission
or an order of conditions under the Wetlands Protection Act.
(b)
The Conservation Commission shall not permit any alteration
resulting in a net increase in impervious surface area, a net increase
in non-native or invasive species, a net increase in stormwater runoff,
a net increase in lawn area, or net decrease in vegetative cover within
the inner 50 feet of the buffer zone.
(c)
No structures shall be constructed or placed on pervious surfaces
and no driveways, roadways, fences, walls, and facilities for stormwater
management may be allowed within the inner 50 feet of the buffer zone
without compensatory restoration and mitigation.
[Amended 3-5-2018]
(d)
No components of a new septic system shall be constructed within
the previously disturbed inner fifty-foot buffer zone to a BVW or
a bank. Components shall include, but not limited to, connecting pipes,
holding tanks, distribution boxes, and subsurface soil absorption
systems.
(3)
Outer fifty-foot buffer zone. Activities within the outer 50 feet
of a buffer zone shall not adversely affect the form or function of
the adjacent Bylaw resource area or the inner fifty-foot no-disturbance
zone of the buffer zone.
(4)
Vernal pool buffer zone. The Conservation Commission shall not permit any alteration within the entire one-hundred-foot buffer zone of a vernal pool, whether or not such lands are within or abut an estimated (rare species) habitat area as designated on the most current map prepared by the Massachusetts Natural Heritage & Endangered Species Program, unless the Commission grants a waiver under the provisions of § 503-22 of the Easton Town Code and the Commission is not otherwise prohibited from granting such variance by the provisions of Chapter 503 of the Easton Town Code, and, if granted, such waiver shall have same conditions and performance standards identified above for the inner fifty-foot no-disturbance zone for undisturbed lands, as provided above.
[Amended 3-5-2018[1]]
[1]
Editor's Note: This revision also repealed former Subsection
C(5), Rare species; prohibited activities or work, which immediately
followed this subsection.
26
A.
Definition, critical characteristics, boundary.
(1)
A riverfront area is the area of land between a river's or stream's
(perennial or intermittent) annual high water line and a parallel
line located 200 feet away, measured horizontally outward from the
stream's mean annual high water line. The riverfront area may include
or overlap other areas subject to protection under the Bylaw, including
the one-hundred-foot buffer zone.
(2)
Where a river (perennial stream) or stream (intermittent stream)
flows through a lake or pond, the riverfront area continues and the
inner boundary of the riverfront area is measured from the bank of
the reservoir, lake, or pond.
B.
Presumption of significance; findings.
(1)
The Conservation Commission shall presume that protection of the riverfront area is significant to the Bylaw wetland values specified in § 503-1B of the Easton Town Code.
(2)
A riverfront area is likely to be significant to protect the private
or public water supply, to protect groundwater, to provide flood control,
to prevent storm damage, to prevent pollution, to protect land containing
shellfish, to protect wildlife habitat, and to protect the fisheries.
(3)
A riverfront area is critical to maintaining thriving fisheries.
In that regard, maintaining vegetation along rivers promotes fish
cover, increases food and oxygen availability, decreases sedimentation,
and provides spawning habitat. Maintenance of water temperatures and
depths is critical to many important fish species.
(4)
The riverfront area adjacent to perennial and intermittent streams
can protect the natural integrity of these water bodies. The presence
of natural vegetation within such riverfront areas is critical to
sustaining rivers as ecosystems and providing benefits to public health
and welfare. The riverfront area can prevent degradation of water
quality by filtering sediments, toxic substances (such as heavy metals),
and nutrients (such as phosphorus and nitrogen) from stormwater, nonpoint
pollution sources, and the river itself. Sediments are trapped by
vegetation before reaching the river or stream. Nutrients and toxic
substances may be detained in plant root systems or broken down by
soil bacteria. Riverfront areas can trap and remove disease-causing
bacteria that otherwise would reach rivers and coastal estuaries where
they can contaminate shellfish beds and prohibit safe human consumption
of such shellfish and other aquatic animals and plants. Natural vegetation
within the riverfront area also maintains water quality for fish and
wildlife.
(5)
Where a river or stream serves as a water supply or provides induced
recharge to wells, the riverfront area can be important to the maintenance
of drinking water quality and quantity. Land along rivers in its natural
state with a high infiltration capacity increases the yield of water
supply wells. When a riverfront area lacks the capacity to filter
pollutants, contaminants can reach human populations served by wells
near rivers or by direct river intakes. The capacity of a riverfront
area to filter pollutants is equally critical to surface water supplies,
reducing or eliminating the need for additional treatment. In the
watershed, mature vegetation within a riverfront area provides shade
to moderate water temperatures and slow algal growth, which can produce
odors and taste problems in drinking water.
(6)
By providing recharge and retaining natural flood storage, as well
as by slowing surface water runoff, a riverfront area can mitigate
flooding and damage from storms. The root systems of riverfront vegetation
keep soil porous, increasing the infiltration capacity of the soil.
Vegetation also removes excess water through evaporation and transpiration.
This removal of water from the soil allows for more infiltration when
flooding occurs. Increases in storage of flood waters can decrease
peak discharges and reduce storm damage. A vegetated riverfront area
also dissipates the energy of storm flows, reducing damage to public
and private property.
C.
Performance standards.
(1)
Performance standards for riverfront area of a river (perennial stream). No activity or work, other than the maintenance of an already existing structure, which will result in the building within or upon, removing, filling, or altering of riverfront area, whether or not such lands are within or abut an estimated (rare species) habitat area as designated on the most current map prepared by the Massachusetts Natural Heritage & Endangered Species Program, shall be permitted by the Conservation Commission. The Commission may grant a waiver of this performance standard as provided in § 503-22 of the Easton Town Code.
[Amended 3-5-2018]
(2)
For proposed activity and work within the riverfront area of a river (perennial stream) that is allowed under the aforesaid Subsection C(1), the activity or work shall comply with the following performance standards:
(a)
Other Bylaw resource areas. The work must meet the performance
standards for all other resource areas subject to protection under
the Bylaw that are located within the riverfront area, including the
one-hundred-foot buffer zone.
(c)
Alternative analysis. Unless a redevelopment project under Subsection C(6) below, the applicant must show, by a preponderance of the credible evidence that there is no practicable and substantially equivalent economic alternative to the proposed project with less adverse effects on the Bylaw wetland values.
[Amended 8-10-2009]
[1]
The Conservation Commission shall regard as practicable an alternative that is reasonably available and capable of being done after taking into consideration the proposed property use, overall project purposes, logistics, existing technology, cost of the alternatives, and overall project cost. See Easton Town Code, Chapter 227, § 227-7B(2).
[Amended 3-5-2018]
[2]
The scope of alternatives and the evaluation of alternatives
are defined in Mass. Regs. Code tit. 310, § 10.58(5).
(3)
For proposed activity and work within the riverfront area of an intermittent stream that is allowed under the aforesaid Subsection C(1), the activity or work shall comply with the following performance standards:
(a)
Other Bylaw resource areas. The work must meet the performance
standards for all other resource areas subject to protection under
the Bylaw that are located within the riverfront area, including the
one-hundred-foot buffer zone.[2]
[2]
Editor’s Note: Former Subsection C(3)(b), Rare species
prohibitions, which immediately followed this subsection, was repealed
3-5-2018.
(4)
Performance standards for riverfront area of intermittent streams.
(a)
For the riverfront area for a Type I intermittent stream, the Conservation Commission may, based on the specific functions of and applicable Bylaw wetland values associated with the Type I intermittent stream and other Bylaw resource areas that are located partially or wholly within the riverfront area, use the performance standards adopted for the two-hundred-foot riverfront area for a perennial stream. Otherwise, no activity, other than the maintenance of an already existing structure, that will result in the building within or upon, or removing, filling, dredging or altering of the Type I intermittent stream or within 75 feet of said intermittent stream within the riverfront area shall be permitted by the Conservation Commission, except as provided under the aforesaid Subsection C(1).
(b)
For the riverfront area for a Type II intermittent stream, no activity, other than the maintenance of an already existing structure, that will result in the building within or upon, or removing, filling, dredging or altering of said intermittent stream or within 50 feet of the Type II intermittent stream within the riverfront area shall be permitted by the Conservation Commission, except as provided under the aforesaid Subsection C(1).
(c)
For the riverfront area for a Type III intermittent stream, no activity, other than the maintenance of an already existing structure, that will result in the building within or upon, or removing, filling, dredging or altering of the Type III intermittent stream or within 25 feet of the intermittent stream within the riverfront area shall be permitted by the Conservation Commission, except as provided under the aforesaid Subsection C(1).
(d)
For the riverfront area for a Type IV intermittent stream, the Conservation Commission may allow the alteration of the intermittent stream but not the minimization of any of its functions to protect the wetland values of the Bylaw and these regulations and may allow the alteration of the associated riverfront area; provided, however, the Commission shall require filter strips of indigenous vegetation sufficient in width, based on slope and terrain factors, to prevent soil erosion and sedimentation of surface water without the need for man-made barriers. The applicant need not make the requisite showing provided under the aforesaid Subsection C(1).
(5)
Discretionary exception allowing alteration of riverfront area of
intermittent streams.
(a)
Ten percent for protected lot. The Commission may, in unusual
circumstances, allow, as a consideration and not as a right, the alteration
of up to 10% of the riverfront area within the lot, on a lot recorded
on or before April 8, 2002, or up to 10% of the riverfront area within
a lot recorded after April 8, 2002, provided that:
[Amended 8-10-2009]
[1]
At a minimum, a one-hundred-fifty-foot-wide area of undisturbed
vegetation is provided. This area shall extend from mean annual high
water along the river unless another location would better protect
the values identified in the Bylaw and regulations.
[a]
If there is not a one-hundred-fifty-foot-wide area
of undisturbed vegetation within the riverfront area, existing vegetative
cover shall be preserved or extended to the maximum extent feasible
to approximate a one-hundred-fifty-foot-wide corridor of natural vegetation.
[b]
Replication and compensatory storage required to
meet other resource area performance standards are not allowed within
this area; structural stormwater management measures may be allowed
only when there is no practicable alternative.
[c]
Temporary impacts where necessary for installation
of linear site related utilities are allowed, provided the area is
restored to its natural conditions.
[2]
Stormwater is managed according to standards established by
the Department of Environmental Protection.
[3]
The proposed work does not impair the capacity of the riverfront
area to provide important wildlife habitat functions.
[4]
The proposed work shall not impair groundwater or surface water
quality by incorporating erosion and sedimentation controls and other
measures to attenuate nonpoint source pollution. The calculation of
square footage of alteration shall exclude areas of replication or
compensatory flood storage required to meet performance standards
for other resource areas, or any area of restoration within the riverfront
area. The calculation also shall exclude areas used for structural
stormwater management measures, provided there is no practicable alternative
to locating these structures within the riverfront area and provided
a wildlife corridor is maintained (e.g., detention basins shall not
be fenced).
(6)
Single-family house discretionary exception. The Conservation Commission may allow the construction of a single-family house, a septic system if no sewer is available, and a driveway, on a lot recorded before April 8, 2002, where the size or shape of the lot within the riverfront area prevents the construction from meeting the requirements, provided that: (a) the lot can be developed for such purposes under the applicable provisions of other municipal and state law; (b) the performance standards are met to the maximum extent feasible; and (c) the Commission is not otherwise prohibited from allowing such under another provision of Chapter 503 of the Easton Town Code. In difficult situations, the maximum extent of yard around houses should be limited to the area necessary for construction. Except where the lot contains vernal pool habitat or specified habitat sites of rare species, a wildlife habitat evaluation study shall not be required.
(7)
Performance standards for redevelopment. Where the proposed project is a redevelopment of a previously altered riverfront area to either a perennial or an intermittent stream, then the criteria found in Mass. Regs. Code tit. 310, § 10.58(5), apply in lieu of the alternatives analysis performance standard stated in the aforesaid Subsection C(2)(c) with the exception that no new structure may be placed on a pervious surface within the first 50 feet of the Riverfront Area.
[Amended 8-10-2009 to
correct alerted to altered]
(9)
Additional Standards for ACEC.28 Where the Riverfront Area is within an area of critical environmental concern, the Conservation Commission shall be diligent in its review of the proposed activity. The Commission shall not allow the application of new pavement or other impervious materials within the Riverfront Area and shall regulate the application of impervious materials in the restricted area beyond the one-hundred-foot buffer zone in accordance with § 503-23B(2) of the Easton Town Code. The Commission may grant a waiver of this performance standard as provided in § 503-22 of the Easton Town Code.
