CHAPTER 8 – REPLICATION REQUIREMENTS
from 310 CMR 10.00 and the Massachusetts Audubon Guide to Understanding and Administering the Massachusetts Wetlands Protection Act, adapted for the Town of Sturbridge Wetland Bylaw Regulations
The Executive Office of Environmental Affairs has declared a “No Net Loss of Wetlands Policy” as part of the decision making strategy for the State of Massachusetts. The Sturbridge Conservation Commission has determined that based on the low rate of success in replicating wetlands and in the interest of allowing no net loss of wetlands, resource area alteration will only be allowed under the following circumstances:
1. When overwhelming evidence indicates that there are NO other practicable alternatives.
2. When alteration of a resource area serves overriding public interests.
3. When unavoidable impacts are minimized to the greatest extent possible.
4. When compensation is provided at a minimum ratio of 2:1.
5. When there will be no alteration to Estimated Wildlife Habitat or Vernal Pools whether certified or identified.
It should be understood by all applicants that a third party consultant will be required to verify both the proposed replication plan prior to approval and the final replication area prior to issuance of a Certificate of Compliance.
All replication and mitigation areas will be monitored for a minimum of five years. As a general rule, Certificates of Compliance will not be issued for any part of any project, which required replication or mitigation until after the 5 year monitoring has been completed.
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