Q: Do I need to file an application with the conservation commission for any work near a lake, stream and/or wetland
A: No, you need to file an application with the commission for work that will disturb soils, vegetation and/or other natural features on your property within 200 feet of any resource area or wetland. You would not need to request a permit for normal maintenance of existing lawns (mowing, trimming edges). Additionally, if your property is located within an area protected by the MA Division of Fisheries of Wildlife, then you may need review and approval from other state agencies (map can be viewed at the Conservation Commission Office).
Q: There are different types of permit applications, which one do I use?
A: RDAs (Request for Determination of Applicability) are used for small projects outside the wetland resource area boundary and where the applicant makes a request to the Commission if the Wetlands Protection Act is applicable to the proposed work activity. Simple projects with minimal ground and vegetation disturbance may be determined to have a negative determination on the wetland resource areas (the finding of a positive determination requires the submittal of a NOI). A RDA can also be used to request a ruling from the Commission as to whether a particular site might contain wetlands or other resource areas. Normally any minor project within the first 100 feet buffer, or any project in the 100 feet to 200 feet buffer of a resource area would require an RDA. (A
minor project may be repairing an existing retaining wall or building a deck or porch on supports so there is minimal soil disturbance).
Abbreviated Notice of Resource Area Delineation (ANRAD) applications are commonly used to approve the wetland resource areas on property. Typically, an applicant will file an ANRAD application to have the wetland resource area delineation approved by the Conservation Commission--this is good for large parcels of land. Once the wetland delineation is approved, then the Applicant can design a project to avoid the wetland resource areas. The ANRAD Form also includes the Simplified Review process
Notices of Intent (NOI) are permit applications and are used for large projects such as septic repairs or new house construction, or activities involving wetlands work, such as lake front repairs and driveway crossings across wetland areas. Notices of Intent often involve two or more hearings and are more detailed than RDAs. Any major project or any substantial project with in the first 100 feet of a resource area require a NOI application. The permit issued by the Conservation Commission if the NOI is approved is called an Order of Conditions.
Letter Permits are a process instituted by the Commission several years ago to allow quick action on projects that are simple and non-impacting on wetlands. Typical projects are tree cutting without pulling the stumps from the ground or disturbing soils, installation of decks on piers and other activities that present a very low probability of any wetlands impacts.
If you are unsure which permit application best fits your project, please do not hesitate to contact the Conservation Office.
Q: Which wetlands are protected?
A: All wetlands are protected under State Laws and Regulations and/or under the Town's local wetland bylaws. Any work occurring within 200 feet of a wetland resource area including but not limited to wetlands, marshes, bogs, streams, lakes, ponds etc. requires prior review and approval to ensure that no adverse impacts will be made to the resource area(s). Perennial Rivers are protected for 200 linear feet extending from the top of bank with a maximum 10% disturbance in the outer 100 to 200 feet. No additional disturbance beyond this is allowed. It should be noted that this disturbance is the maximum allowed in extreme cases and not a right of the applicant.
Q: Why can't I just fill the little swamp in the backyard? That way I can have more lawn to enjoy.
A: All wetlands, including small seasonal wetlands are very important filter areas which help clean and purify stormwater, surface water and drainage areas prior to surface water reentering critical resource areas such as rivers, streams, and drinking water sources. In addition, some small seasonal wetlands are Vernal Pools and are home to many salamanders, wood frogs, insects, fairy shrimp and other species that can not exist without these vernal pools.
Q: How far from the lake am I allowed to construct an addition to my home?
A: The town conservation commission has a requirement that the first 25 feet from a resource area, stream or lake not be disturbed. Additionally, no new impervious structures are permitted within 50-feet of the resource area. Work proposed outside of the 25 and 50-foot buffers are reviewed on a case by case basis. The conservation commission is reviewing the project to make sure there will be no adverse impacts to the wetland resource areas and to make sure that the erosion controls are adequate for the project.
Q: What lawn chemicals are safe to use along the lake?
A: No herbicides, pesticides or fertilizers are allowed to be used with in the first 100 feet of any resource area. No quick release chemicals are allowed with in the first 200 feet of any resource area.
Q: Am I allowed to expand the beach area for my summer home?
A: No beach expansion is allowed below the high water mark. High water mark is the highest level the water rises at any location. Beaches can be expanded above the high water mark by filing a Notice of Intent with the Sturbridge Conservation Commission. Approval will be based on a finding of no negative impact to the lake or other resource area.
Q: Do I need to file a permit to trim the trees along the lake?
A: Yes, tree trimming or tree cutting permits can be obtained by sending a letter permit request to the commission, the commission would then conduct a site visit and issue either a request to file an RDA or NOI, or an approval with any conditions included that they felt were necessary to protect the lake or other resource area.
Q: After I submit my application, how long will I have to wait for a public hearing?
A: The commission meets the first and third Thursday of every month unless otherwise posted. Once you submit your application and the Conservation Agent determines it is complete, you will be scheduled for the next available meeting. Hearings are scheduled on a first come first serve basis starting at 7:30 PM. The deadline for an application to be considered for the next meeting is at 2:00 PM, three Thursdays prior to the date you would like to be heard. Upon reciept of a WPA permit application public hearings are scheduled within 21-days.
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