4.22 REQUESTS FOR RECLASSIFICATION OF STREAMS
4.22.1 Intermittent Stream
Generally, a body of running water which does not flow throughout the year, has a watershed less than 1 square mile and is shown on the USGS topographic map as intermittent. A dry stream bed must be present for 4 consecutive days at a minimum of 24 hours separation each (i.e. a minimum of 96 consecutive hours), or the stream has a “positive flow” less than 99% of the time.
Occasionally a body of running water which does not flow throughout the year is perennial (dryness may be due to drought, impoundment or other unusual or unnatural circumstances). The determination of stream status will be made by the Commission on a case-by-case basis. The determination will be based on best professional judgment, local site knowledge, scientific data and current state definition at the time the status of a stream is in question.
4.22.2 Perennial Streams/Rivers
See section 5.5 for a complete and detailed definition and description of River or Perennial Stream.
4.22.3 Stream Reclassification Requirements
The SCC reserves the right to reconsider and overturn a reclassification before the 3 years has expired if newly available scientific data and evidence is obtained showing the stream to be perennial. This Commission discretion may occur at any time new evidence becomes available.
The following evidence must be submitted by any applicant requesting a reclassification of a stream as shown on current USGS Topographical maps. Reclassification expires after three years.
1. Watershed (i.e., drainage basin) size at the point of the stream for which reclassification is being requested. (A watershed greater than 1 square mile shall be a strong indicator of a perennial stream or river). (A watershed greater than 1/2 square mile with a stratified drift component of 75% or greater shall be a strong indicator of a perennial stream or river).
2. Rainfall Data from at least three, triangulating, climatological data sources for the site.
3. Current State of Massachusetts declared drought conditions for the specific area in question.
4. Flowing water. Flowing water at the site in question shall be a strong indicator of perenniallity. Lack of flowing water during unusually dry conditions (as determined by the Commission based on available rainfall data and observation of below normal water level conditions) shall prohibit reclassification of a stream from perennial to intermittent until normal hydrological conditions exist. Proof of a dry stream bed must be present for 4 consecutive days at a minimum of 24 hours separation each (i.e. a minimum of 96 consecutive hours). Proof must be documented with field notes and dated signed photographs.
5. Impoundments created by beavers or man or evidence of withdrawal of water of any kind upstream from the point in question shall be cause to deny a change from perennial to intermittent unless and until the change has been corrected and normal flow conditions have resumed. In the instance of beaver activity, the applicant should note that beavers typically only build dams in response to running water, thus indicating a stream’s perennial nature.
6. Soil type underlying the stream or watercourse channel.
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