5.3 LAND UNDER WATER BODIES AND WATERWAYS (UNDER ANY CREEK, RIVER, STREAM, POND OR LAKE)
Land Under Water Bodies and Waterways is likely to be significant to: public and private water supply, ground water supply, flood control, storm damage prevention, water quality protection, water pollution control, prevention of pollution , protection of fisheries , wildlife habitat protection, rare species habitat protection and erosion and sedimentation control. Where such land is composed of concrete, asphalt or other artificial impervious material, said land is likely to be significant to flood control and storm damage prevention.
Where Land Under Water Bodies and Waterways are composed of pervious material, such land represents a point of exchange between surface and ground water. 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. They also serve as traps for toxic substances (such as heavy metal compounds). Land Under Water Bodies and Waterways, in conjunction with banks, serves to confine floodwater 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 which is routinely flooded. Additionally, it 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.
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 such as brook trout (Salvelinus
fontinalis), rainbow trout (Oncorhynchus mykiss), brown trout (Salmo trutto) and atlantic salmon (Salmon salar). River, stream and creek bottoms with a diverse structure composed of gravel, large and small boulders and rock outcrops provides escape cover and resting areas for the above mentioned game fish species (salmonids). Such bottom type also provides areas for the production of aquatic insects essential to fisheries. 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 macrochirus), pumpkinseeds (Lepomis gibbosus), black crappie (Pomoxis nigromaculatus) and rock bass
(Ambloplites rupestris) build nests on the lake or bottom substrates within which they shed and fertilize their eggs.
The plant community composition and structure, hydrologic regime, topography, soil composition and
water quality of land under water bodies and waterways provide important food, shelter, migratory and
overwintering areas, and breeding areas for wildlife. Certain submerged, rooted vegetation is eaten by
water fowl and some mammals. Some amphibians (as well as some invertebrate species eaten by vertebrate wildlife) attach their eggs to such vegetation. Some aquatic vegetation protruding out of the water is also used for nesting, and many species use dead vegetation resting on land under water but protruding above the surface for feeding and basking Soil composition is also important for hibernation and for animals which begin to burrow their tunnels under water. Hydrologic regime, topography, and water quality not only affect vegetation, but also determine which species feed in an area.
5.3.1 Definition, Critical Characteristics and Boundaries
Land Under Water Bodies and Waterways is the land beneath any creek, river, stream, pond or
lake. Said land may be composed of organic muck or peat, fine sediments, rocks or bedrock.
The physical characteristics and location of Land Under Water Bodies and Waterways are critical to the protection of the interests identified. The boundary of Land Under Water Bodies and Waterways is the mean annual high water level.
Where a project will remove, fill, dredge, build upon, degrade, discharge into or otherwise alter Land Under Water Bodies and Waterways, the Commission shall presume that such area is significant to the Interests Identified.
5.3.2 General Performance Standards
Any proposed work within Land Under Water Bodies and Waterways shall not impair the following:
1. The water carrying capacity within the defined channel, which is provided by said land in
conjunction with the banks;
2. Ground and surface water quality;
3. The capacity of said land to provide breeding habitat, escape cover and food for fisheries; and
4. The capacity of said land to provide important wildlife habitat functions.
This presumption may be overcome upon a clear showing that said land does not play a role in the protection of said interests. In the event that the presumption is deemed to have been overcome, the issuing authority shall make a written determination to this effect, setting forth the grounds.
The Commission may issue an Order in accordance with M.G.L. c. 131, § 40 to maintain or improve boat channels within Land Under Water Bodies and Waterways when said work is designed and carried out using the best practical measures so as to minimize adverse effects such as the suspension or transport of pollutants, increases in turbidity, the smothering of bottom organisms, the accumulation of pollutants by organisms or the destruction of fisheries habitat.
No project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.59, Estimated Habitat of Rare Wildlife.
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