Proposed Wetlands Protection Bylaw
Proposed Wetlands Protection Bylaw Information
April 18, 2024 Update:
At the 4/9/2024 info session the WNCC made one revision to its wetlands protection bylaw changing the rate for fines issued under the bylaw from $300 per day to $200 per day. The final bylaw in the town meeting warrant reflects this change.:
- The final wetlands protection bylaw that will be voted on at spring town meeting on April 29, 2024 can be viewed online here
- The recording of the 4/9/2024 info session on the proposed wetlands protection bylaw can be viewed on YouTube here.
- The slides shared at the 4/9/2024 info session can be viewed online here.
- The annotated bylaw with section by section comments on what differs between the bylaw and the state Wetlands Protection Act can be viewed online here.
As always, if you have any questions on the proposed wetlands protection bylaw or on the Wetlands Protection Act, please reach out to Michelle Greene, conservation agent, at conservation@wnewbury.org.
March 19, 2024 Update:
The WNCC has further revised the wetlands protection bylaw and it is now in final draft form for spring 2024 town meeting:
- The 3/19/2024 revised bylaw can be viewed in redline form here.
- The 3/19/20204 bylaw in final draft form can be viewed here.
The WNCC will be presenting the Spring 2024 town meeting article for the wetlands protection bylaw to the Select Board and Finance Committee at their joint public meeting of 3/20/2024 at 6PM.
The WNCC will host a second info session on the bylaw ahead of spring town meeting on Tuesday April 9th, 2024 at 6:00 PM.
The info session will be held in hybrid format with the option for interested persons to participate in person at the Town Office Building, 381 Main Street, West Newbury, MA in the first floor hearing room or by virtual attendance from a computer, tablet, or smartphone via Zoom using the Zoom info below. More info and the Zoom link can be found here.
February 21, 2024 Update:
The WNCC has further revised the draft wetlands protection bylaw.
- The 2/21/2024 revised draft bylaw can be viewed in redline form here.
- The 2/21/2024 revised draft bylaw in clean format with all redline changes accepted can be viewed here.
The WNCC will be presenting the wetlands protection bylaw article for spring 2024 town meeting to the Select Board and Finance Committee at their joint public meeting of 3/20/2024 at 6PM.
February 8, 2024 Update:
The WNCC has submitted an article requet to the Select Board for the spring 2024 town meeting. The article request can be viewed here on on page 203.
January 24, 2024 Update:
December 27, 2023 Update:
The public info session held by the WNCC on the draft wetland bylaw on 12/7/2023 is now available to view on YouTube here. The slides from the public info session can be viewed here.
The draft wetlands bylaw has been further revised based on feedback received at the public info session and by comments submitted directly to the WNCC.
- The 12/27/2023 revised draft bylaw can be viewed in redline form here.
- The 12/27/2023 revised draft bylaw in clean format with all redline changes accepted can be viewed here.
The WNCC will be responding directly to each person who has emailed feedback over the upcoming weeks and will be continuing to further revise the draft bylaw in public meetings as needed ahead of the Spring 2024 Annual Town Meeting warrant schedule.
Please send any questions, comments, or feedback to Michelle Greene, Conservation Agent, at conservation@wnewbury.org.
November 21, 2023 Update:
The WNCC has prepared a draft version of a proposed wetlands protection bylaw and is seeking feedback and comments on it. The draft bylaw can be viewed here (please click the link to view the draft bylaw).
A public info session to present the draft bylaw and answer questions has been scheduled for December 6, 2023 at 6 PM in the First Floor Hearing Room of the Town Office Building. If you are unable to attend the info session you are still encouraged to submit comments, feedback, or questions on the proposed draft bylaw to the WNCC by email. Please send comments, feedback, or questions to Michelle Greene, Conservation Agent, at conservation@wnewbury.org.
Additional meetings to discuss the proposed draft bylaw will likely be held and further revisions to the draft bylaw may be made by the WNCC. These meetings will be posted on the town calendar on the town website, the calander on the WNCC web page on the town website, and posted in upcoming meeting agendas of the WNCC. If the draft bylaw is further revised, these revised versions of the draft bylaw will be posted to the WNCC web page on the town website for review.
August 2023 Update:
The WNCC is currently working on a proposed wetlands protection bylaw with intentions to bring the bylaw to the Spring 2024 Annual Town Meeting. Once available, the draft bylaw and draft regulations will be posted for review and the Commission will welcome feedback on both draft documents.
Why have a local bylaw?
The West Newbury Conservation Commission is seeking support from residents for a local Wetlands Protection Bylaw. Wetlands and their bordering lands are valuable to the community for several important reasons including protecting the public drinking water supply, storing flood water and preventing storm damage, filtering pollutants, slowing erosion, and providing wildlife habitat. Areas extending out 200 feet from rivers and perennial streams and 100 feet from other wetland resource areas are protected for these purposes by the Massachusetts Wetlands Protection Act (G.L. Ch. 131 sec. 40) (the Act). The Act was enacted in 1972 and regulations under the Act (310 CMR 10.00) were enacted shortly after. The Act recognizes the values provided by wetlands and their surrounding areas and gives local Conservation Commissions responsibility for implementing the protections provided to these areas. Despite these efforts, according to the EPA, more than half of the original wetlands on the continental United States have been lost to commercial, agricultural, and residential development.
The Home Rule authority allows individual towns to protect additional wetland resource areas, recognize additional wetland resource values, and to impose in local regulations and permits additional standards and procedures above what is in the state Act and Regulations through bylaws deemed appropriate by their residents. As of 2019, 210 Massachusetts towns and cities have adopted wetlands bylaws, including neighboring towns including Newburyport, Newbury, Merrimac, Amesbury, Groveland, Georgetown, Rowley, Boxford, Topsfield, Ipswich, Hamilton, Wenham, Andover, and North Andover. West Newbury’s wetlands protection bylaw would protect the current and future inhabitants of the Town from the costs of wetland degradation through regulations that more adequately protect the function of resource areas.
A local bylaw and regulations will allow the Commission to provide additional protections for vernal pools, ponds, isolated wetlands, and buffer zones, including setbacks for no-disturb and no build areas in buffer zones. Buffer zones are important as vegetation and naturally occurring leaf litter and debris around wetlands help prevent erosion and siltation by slowing the velocity of water. Roots bind the soil to allow for infiltration and also take up heavy metals and phosphorus that would otherwise pollute wetlands, waterways, and ground water. Vegetation also prevents thermal pollution by shading the ground and maintaining water temperatures. A reduction of pollutants and cooler water helps prevents algal blooms, a growing concern with more frequent extreme weather. With plants for cover, wildlife is better able to use the area around wetlands for refuge and reproduction. The Commission also recognizes that certain natural features, resources, and amenities in West Newbury are irreplaceable, and that there are costs incurred to the community by development in or near wetland resource areas.
Many residents live close to wetlands and at some point, they may interact with the Conservation Commission and/or the Conservation Agent as they design and permit work in or along a river, stream, swamp, wet meadow, vernal pool, or other resource area. The bylaw provides for waivers where a proposed project will not adversely impact the interests protected by the bylaw. The Commission’s goal is to provide residents with a user-friendly application process and uniformity of response to activities near these valuable natural resources to further protect and enhance the resilience of West Newbury for all residents.
If you have any questions about the bylaw please contact Michelle Greene, Conservation Agent, at 978-363-1100 x126.