Common Questions
Who is the Conservation Commission?
At the local level, the community's conservation commission administers the Wetlands Protection Act. The commission is a volunteer board of three to seven members appointed by the selectmen or city council. The conservation commission ensures that proposed activities will not alter resource areas and the public interests they provide by reviewing projects on a case-by-case basis according to the regulations. On the state level, the Department of Environmental Protection (MassDEP) oversees administration of the law, develops regulations and policies, and provides technical training to commissions. MassDEP also hears appeals of decisions made by commissions.
What is protected under the Massachusetts Wetlands Protection Act?
The Wetlands Protection Act (Massachusetts General Laws (MGL) Chapter 131, Section 40) protects ‘resource areas’ such as wetlands, lakes, ponds, streams, marshes, and rivers, as well as larger bodies of water that may flood, and the public interests they serve, including flood control, prevention of pollution and storm damage, and protection of public and private water supplies, groundwater supply, fisheries, land containing shellfish, and wildlife habitat. The law also protects other resource areas such as land subject to flooding (100-year floodplains), the riverfront area (added by the Rivers Protection Act), and land under water bodies, waterways, salt ponds, fish runs, and the ocean. Land within 100 feet of a resource area, or 200 feet of Riverfront, is subject to this law and requires permitting. In Haverhill, each resource area has an additional buffer zone at 25-feet (No-Disturbance zone) and 50-feet (No-Build Zone). These resource areas and their public interests are protected by requiring a careful review (by the Conservation Commission) of proposed work that may alter wetlands.
What is protected under the City's wetlands protection ordinance?
In 1996, the City Council passed an ordinance to protect additional wetlands and water resources not protected in the Wetlands Protection Act. It expanded the range of protected areas to include isolated wetlands; vernal pools; wet meadows; bogs; swamps, poorly drained and very poorly drained areas; and many other types of water-related land, even those not bordering bodies of water. The ordinance also establishes no-build zones around these areas, including a 25-foot no-build-no-disturbance zone extending from the edge of all wetland resource areas and a 50-foot no-build zone (increases to 35’ and 75’ in Drinking Water Supply areas). No activity is allowed in the no-disturbance zone except as allowed by the Commission. Additionally, the ordinance requires that more neighbors (those within 300 feet) be notified about larger projects compared to the state’s previous requirements of 100 feet.
Read our local ordinance here.
Read our local ordinance here.
What is a resource area?
The term “resource area” is used a catch-all for wetland areas subject to protection under the Wetlands Protection Act and the city’s wetlands protection ordinance. The Commission protects a number of types of resource areas; some visibly wet most of the year and some visibly dry most of the year. The Wetlands Protection Act identifies the following areas subject to protection:
- Any bank, freshwater wetland, coastal wetland, beach, dune, flat, marsh, or swamp bordering on the ocean or any estuary, creek, river, stream, pond, or lake; (Many of these particular areas are often termed "bordering vegetated wetlands".)
- Land under any of the water bodies listed above;
- Land subject to tidal action;
- Land subject to coastal storm flowage;
- Land subject to flooding; and
- Riverfront Area.
What is a wetland?
A clear definition of the term "wetland” can be found in the Clean Water Act as: "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas."
Simply put, wetlands are land areas that contain surface water all or part of the time, has vegetation suited for wet soils, and has the right soil hydrology. Legally the term includes not only areas we typically think of as wetlands, such as cattail marshes and red maple swamps, but also intermittent streams, floodplains, and other areas that may be dry for a significant portion of the year like vernal pools. The Act specifically regulates activities in or near these areas. The most commonly regulated wetlands are bordering vegetated wetlands (BVWs), which are wetlands that share a border with a stream, pond or lake. Wetlands vary widely because of regional and local differences in soils, topography, climate, hydrology, water chemistry, vegetation, and other factors, including human disturbance.
Simply put, wetlands are land areas that contain surface water all or part of the time, has vegetation suited for wet soils, and has the right soil hydrology. Legally the term includes not only areas we typically think of as wetlands, such as cattail marshes and red maple swamps, but also intermittent streams, floodplains, and other areas that may be dry for a significant portion of the year like vernal pools. The Act specifically regulates activities in or near these areas. The most commonly regulated wetlands are bordering vegetated wetlands (BVWs), which are wetlands that share a border with a stream, pond or lake. Wetlands vary widely because of regional and local differences in soils, topography, climate, hydrology, water chemistry, vegetation, and other factors, including human disturbance.
How do I find out if I have wetlands or floodplains on my property?
Sometimes wetland resource areas are easy to identify; they may contain standing water with an abundance of cattails, purple loosestrife, high bush blueberry shrubs, or red maple trees. However, many identifications become complex and require some level of technical expertise with knowledge of terms such as intermittent or perennial stream status, oxidation and reduction, and floodplain.
To begin learning what types of resource areas may exist on your property, or in your neighborhood, you can contact the staff of the Haverhill Conservation Department. The staff is always available to assist you in learning more about these resource areas as well as the regulations protecting them. Distinguishing and delineating some wetland and water resource areas can be difficult and will likely require the services of a botanist or wetland scientist. If you wish to develop your land, the wetlands, floodplains, or other regulated areas on or near your property must be mapped; there are many engineering firms and wetlands consultants that provide that service.
Floodplain maps issued by the Federal Emergency Management Agency (FEMA) under the national flood insurance program show the floodplains associated with major streams. Unfortunately, the maps are not always complete or up to date, and floodplain areas are not always indicated. If your property lies near a stream or in a low-lying area, there is a chance that part of it is sometimes flooded. In most cases a civil engineer or hydrologist must calculate the flood elevation.
What is buffer zone?
A buffer zone is the protected area surrounding a wetland that is under the jurisdiction of the Conservation Commission. The buffer zone is, generally, the upland area located within 100' of a resource area. This buffer zone is measured from the edge of the resource area, such as a bordering vegetated wetland, outward 100'.
The City's ordinance expands this distance in some areas, particularly along our water supplies where the buffer zone is 200'. The City's ordinance also breaks this buffer zone down into other zones of protection, namely the 25'-No Disturbance Zone ("NDZ") and the 50'-No Build Zone ("NBZ"). The NDZ is protected in its natural state as a buffer to the resource area. Between the limits of the NDZ and NBZ, some disturbance is allowed. However, new houses and buildings most often have to be constructed outside the NBZ.
Buffer zones do not receive the level of "protection" afforded wetland resource areas. The Commission reviews activities proposed in buffer zones to ensure that appropriate steps are taken to minimize the threat of adverse resource area impacts when construction on the upland occurs.
When do I need to file for a permit with the Conservation Commission?
Any work (i.e. project, activity, construction, landscaping), proposed within 100 ft. or less of an area under the Commission's jurisdiction, or within 200 ft. or less of a riverfront area. The law regulates many types of work in resource areas, including vegetation removal, regrading, and construction of houses, additions, decks, driveways, and commercial or industrial buildings. If you want to work in a wetland resource area or within 100 feet of a wetland or 200 feet of a river, you need to file for a permit.
What permit do I use?
The Conservation Commission has the responsibility to regulate activities proposed within buffer zones of wetland resource areas. Many homeowner projects located in a buffer zone, such as pools, decks, landscaping (including the cutting of a tree), etc. are found to be relatively minor. For these activities it is recommended that you contact the Conservation Department to speak with a staff member. Many of these projects are reviewed with a phone call and/or a site meeting, at which time you may elaborate upon the limits of your project.
Some buffer zone projects are more extensive and require the Commission's formal review through the Request for a Determination of Applicability (RDA) permitting process. If you are unsure whether your proposed work site is in a resource area or whether the work will alter a resource area, you can apply for an RDA. This is the simpler of the Commission's two primary applications. It is typically used by homeowners for the review of slightly larger projects, such as the construction of a garage or addition within the 50'-No Build Zone.
The second, more complex application is the Notice of Intent (NOI). If the conservation commission determines that the work will alter a resource area, you must file an NOI, which requires a plan describing the details of the proposed project, location of wetland resource areas and buffer zones, and measures to be taken to protect them. The Commission typically reserves this application for large-scale buffer zone projects, such as the construction of a new house. This application process typically involves the hiring of a surveyor, engineer, and/or botanist by the applicant. More detailed information, such as an engineered site plan, is needed with this application, as is the requirement for the applicant to notify project abutters.
Although the various regulations restrict direct impacts to a resource area, these regulations also provide the Commission with some flexibility under specific circumstances. The Notice of Intent procedure is also used under these circumstances where the Commission may be reviewing such projects as the construction of a driveway through a marsh or the re-construction of a public utility along a riverfront area. In these instances, the projects must be environmentally sensitive and provide appropriate mitigation measures to compensate for proposed impacts to the resource areas. This information can be found in the regulations and application instructions. Contact the conservation commission for guidance on the content and detail needed in plans.
When should I get a permit to put a dock in the Merrimack River?
A Notice of Intent application should be filed with the Conservation Commission to obtain approval for a dock project. This application procedure includes the review of the Commonwealth's Natural Heritage and Endangered Species Program. Prior to filing with the Commission, applicants are advised to speak with the Haverhill Harbor Master about the navigation requirements and restrictions of the proposed dock system.
What is and is not allowed in a wetland resource area?
Under the Act no one may “remove, fill, dredge, or alter” any wetland, floodplain, bank, land under a water body, land within 100 feet of a wetland, or land within 200 feet of a perennial stream or river, without a permit from the local conservation commission that protects the wetland “interests” identified in the Act. The “interests” or values protected by the Act are flood control; prevention of storm damage; prevention of pollution; and protection of fisheries, shellfish, groundwater, public or private water supply, and wildlife habitat.
The term “alter” is defined to include any destruction of vegetation, or change in drainage characteristics or water flow patterns, or any change in the water table or water quality. The wetland regulations prohibit most destruction of wetlands and naturally vegetated riverfront areas and require replacement of flood storage loss when floodplains are filled.
The general rule for the protection of these areas is "no alteration". Disturbing the soil (so that it may erode), dumping grass clippings, brush, and leaves (which smother plants), and clearing natural vegetation are prohibited without a permit from the Commission, as are the construction of buildings and houses and many of their appurtenances. On land subject to flooding (commonly termed "floodplain") the goal is to maintain the ability of the land to receive floodwaters. The placement of fill, stockpiling of materials, and construction of buildings and houses and many of their appurtenances are prohibited within this resource area without a permit from the Commission.
What is the Stormwater Management Policy?
In 1996 the Massachusetts Department of Environmental Protection issued this policy to establish clear and consistent guidelines for stormwater management across the state. The standards of this policy, enforced by the Conservation Commission, are intended to prevent untreated discharges to wetlands and waters; preserve hydrologic conditions that closely resemble pre-development conditions; reduce or prevent flooding by managing the peak discharge and volumes of runoff; minimize erosion and sedimentation; reduce suspended solids and other pollutants to improve water quality; and provide increased protection of sensitive natural resources.
What is the Rivers Protection Act?
In 1996, the Massachusetts Legislature passed the Massachusetts Rivers Protection Act, more formally known as "An Act Providing Protection For the Rivers of the Commonwealth". This important law amends the Wetland Protection Act and provides protection to rivers by regulating activities within a newly established wetland resource area known as the Riverfront Area. How is a "river" defined in the Act? Any river or stream that is a naturally flowing body of water that empties into any ocean, lake, or other river and that flows throughout the year. In Haverhill, Riverfront Area is land located within 200' of each side of the river from the mean annual high-water line outward horizontally and parallel to the river.
Read about the Rivers Protection Act here.
Read about the Rivers Protection Act here.
Why should we protect wetlands?
It has long been recognized that these resource areas provide important public values and services. These resource areas protect public and private water supplies by filtering out pollutants and separating water bodies from areas of disturbance. They protect groundwater supplies by absorbing water and recharging the water table. They control flooding and prevent storm damage by detaining water and releasing it slowly at a rate streams can better handle. They prevent pollution of our streams and lakes by filtering sediments and taking up nutrients from stormwater. They also protect shellfish, fisheries, and wildlife habitat by providing this cleaner water, as well as nesting places, protective cover, and food. The City's ordinance also recognizes their importance in protecting agricultural lands, protecting the aesthetics of the City, and providing recreational opportunities.
For a long time wetland resource areas were treated as dumping grounds, considered to be wasted land. Areas were filled and channelized in efforts to "reclaim" land. This treatment led to diminished water quality, less abundant wildlife, and storm damage during floods. The protection of these resource areas in their natural state has led to improved water quality in our rivers and lakes, providing numerous recreational opportunities and a clean drinking water supply. It has led to the return of a diverse wildlife, with bald eagles regularly wintering along the Merrimack River and moose making occasional appearances. And it has led to the protection of some of our largest areas of open space.
How can I join the Haverhill Conservation Commission?
The Haverhill Conservation Commission is a seven-member commission of volunteer residents with various backgrounds and experiences. The Mayor of Haverhill makes membership appointments to maintain a full complement of commissioners. Anyone interested in being appointed to the Commission is encouraged to submit a letter of inquiry with background information and/or a résumé to the Mayor's Office.
What can I do to help maintain the health of wetlands?
You can do many things:
- Remove trash and bottles by hand from a wetland resource area.
- Dispose of yard waste somewhere else, such a the City's recycling center; or set up a compost pile away from the resource area. The leaves and grass will decompose to become your best soil.
- Down near the resource area, set up a small brush pile or two made of branches from yard waste. Brush piles make good wildlife cover.
- Don't dump motor oil into street drains. What goes into the drains and the ground in Haverhill eventually goes into the Merrimack River, and, in many areas, our drinking water supply. Proper disposal of oil is available at the store where you purchased it or at the City's recycling center.
- Don't dump anything that pollutes.
- Avoid or minimize the use of de-icing salt near resource areas and drainage systems. Many stores carry more nature-friendly alternatives.
- Avoid or minimize the use of fertilizers and poisons near resource areas and drainage systems. Some fertilizers can cause algae blooms in our surface waters. Some poisons can impact the plants and wildlife in the resource areas.
- Make use of drywells for drainage to avoid heavy runoff into our watercourses from roofs and paving. The use of drywells also recharges the groundwater table by infiltrating rainwater.
- Maintain your septic system properly. Contact the Haverhill Board of Health for more information on proper septic system maintenance, such as pumping needs and the impacts of chemicals and hazardous wastes on important system microorganisms.
Conservation Commission Links