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Massachusetts Wetlands Protection Act and River Protection Act

Entry ID: CZM_wpa

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Summary

Abstract: Authorities: M.G.L. c. 131, ¬ß 40: Massachusetts Wetlands Protection Act; 310 CMR 10.00: Wetlands Regulations. Jurisdiction: Any wetland, including: * Any bank, freshwater wetland, coastal wetland, beach, dune, tidal flat, marsh or swamp bordering on the ocean, any estuary, creek, river, stream, pond, lake, or certified vernal pool; * Land under any of the water bodies listed; * Land subject to ... tidal action, coastal storm flowage, or flooding; and * Riverfront areas in the Commonwealth of Massachusetts. In addition, a 100-foot buffer zone around any fresh water or coastal resource listed above is subject to jurisdiction. Applicability: Any construction in or near a wetland resource, including intertidal and subtidal habitat, is subject to the provisions of the Wetlands Protection Act (WPA). Regulatory Local Conservation Commissions and the Department of Environmental Protection (MassDEP), Wetlands Program administer the WPA (310 CMR 10:00: Wetlands Regulations). The purpose of the WPA is to protect Massachusetts wetlands resources and to ensure that the beneficial functions of these resources are maintained. The resources identified are protected because they fulfill the public interest to protect public and private water supply, protect fisheries, protect groundwater supply, provide flood control, protect land containing shellfish, prevent storm damage, protect wildlife habitat, and prevent pollution. These interests are protected by a "no net loss of wetlands" policy. Projects that affect wetlands are required to avoid impacts where possible, minimize unavoidable impacts, and mitigate for unavoidable impacts. Performance standards define the levels of environmental impacts that cannot be exceeded. Projects proposed in wetlands resource areas or in the buffer zone around them must obtain a local Order of Conditions. Wetland resources include land under the ocean, coastal banks, coastal beaches and tidal flats, coastal dunes, barrier beaches, rocky intertidal, salt marshes, land under salt ponds, Designated Port Areas, land containing shellfish, and land on the banks of fish runs. Review Process: Proponents of projects in wetlands or in the buffer zone around them must apply for an Order of Conditions from the municipal Conservation Commission. In addition to the requirements of the WPA, project proponents should check with Conservation Commission officials to determine if there are any local wetlands by-laws applicable to the project. Applicants must also obtain a list of abutters from the Assessors Office so that the abutters can be notified of the proposed project. The application, called the Notice of Intent (NOI), which describes the type and boundaries of resource areas and the type of work proposed, is submitted by the applicant to the Conservation Commission along with supporting plans. A professional engineer generally must stamp plans. A copy of the NOI is also submitted to the regional office of DEP, which issues a project number for the proposed activity. A legal notice is published in a local newspaper. Upon completion of these steps, the Conservation Commission opens the public hearing of the proposal. If the project is approved or approved with conditions, the Commission has up to 21 days to issue an Order of Conditions (OOC). Abutters, a group of 10 citizens, or the applicant have 10 days to appeal an approval to DEP. If the proposal is denied, the applicant can appeal the decision to DEP. If the project is appealed, MassDEP will issue a Superseding Order of Conditions (SOOC), either confirming or altering the original Order. Forms: WPA Form 3 Notice of Intent at http://www.mass.gov/dep/water/resources/noi.htm. Fees Based on the category of the proposed activity and resources affected (310 CMR 10.03). Website: http://www.mass.gov/dep/water/index.htm. Contact: MassDEP Wetlands Program (617) 292-5695.

P

Purpose: These georegulations data were developed for illustrative purposes to depict the geographic extent(s) of specific laws and policies. They were derived from various sources for planning purposes only and do not necessarily represent contemporary legal spatial positions or orientation(s). All users should verify the location of any boundary of interest prior to use by contacting the controlling ...

Related URL

Link: GET DATA

Link: VIEW EXTENDED METADATA

Description: View Original Metadata document from the CZM website.

Geographic Coverage

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Spatial coordinates

N: 42.88

S: 41.19

E: -69.83

W: -71.34

Data Set Citation

Dataset Originator/Creator: The Massachusetts Office of Coastal Zone Management (CZM)

Dataset Title: Massachusetts Wetlands Protection Act and River Protection Act

Dataset Release Date: 2008-09-22

Data Presentation Form: vector digital data

Dataset Originator/Creator: The Massachusetts Office of Coastal Zone Management (CZM)

Dataset Title: Massachusetts Office of Coastal Zone Management Georegulations Geodatabase

Data Presentation Form: vector digital data

Location Keywords

CONTINENT > NORTH AMERICA > UNITED STATES OF AMERICA > MASSACHUSETTS

OCEAN > ATLANTIC OCEAN > NORTH ATLANTIC OCEAN > GULF OF MAINE

Science Keywords

HUMAN DIMENSIONS > ENVIRONMENTAL GOVERNANCE/MANAGEMENT > WATER MANAGEMENT

ISO Topic Category

ENVIRONMENT

Quality ATTRIBUTE ACCURACY REPORT: An attribute accuracy report was not conducted for these data.

LOGICAL CONSISTENCY REPORT: A logical consistency report was not conducted for these data.

COMPLETENESS REPORT: The data is thought to be complete; no data has been purposefully excluded.

HORIZONTAL POSITIONAL ACCURACY REPORT: A positional accuracy report was not conducted for these data. Most data used to create the georegulations data came from MassGIS, NOAA, or MMS. Consequently, by and large the data are as accurate as the source data.

VERTICAL POSITIONAL ACCURACY REPORT: n/a

Access Constraints ACCESS CONSTRAINTS: None. These data are in the public domain. GIS files are freely available for download.

DISTRIBUTION LIABILITY: Although every effort has been made to ensure the accuracy of these data, errors and conditions originating from physical sources used to develop these data may be reflected in the data supplied. The client must be aware of data conditions and ...

Use Constraints USE CONSTRAINTS: Public domain data from the Massachusetts Office of Coastal Zone Management (CZM), an agency of the Commonwealth of Massachusetts Executive Office of Environmental Affairs, are freely redistributable with proper metadata and source attribution. Please recognize the Massachusetts Office of Coastal Zone Management as the source of these data. You are not permitted to use CZM's name ...

Ancillary Keywords

coastal zone management

CZM

Data Set Progress

COMPLETE

Originating Center

Data Center

Massachusetts Office of Coastal Zone Management

Data Center URL: http://www.mass.gov/czm/
Dataset ID: Downloadable Data

Data Center Personnel
Name: CZM DATA MANAGER Phone: 617-626-1200 Fax: 617-626-1240 Email: czm at state.ma.us Contact Address: 251 Causeway Street, Suite 800 City: Boston Province or State: MA Postal Code: 02114-2136 Country: USA

Distribution

Distribution Size: 0.396

Fees: See Use Constraints.

Personnel

CZM DATA MANAGER

Role: TECHNICAL CONTACT

Phone: 617-626-1200

Fax: 617-626-1240

Email: czm at state.ma.us

Contact Address:

251 Causeway Street, Suite 800

City: Boston

Province or State: MA

Postal Code: 02114-2136

Country: USA

CZM DATA MANAGER

Role: DIF AUTHOR

Phone: 617-626-1200

Fax: 617-626-1240

Email: czm at state.ma.us

Contact Address:

251 Causeway Street, Suite 800

City: Boston

Province or State: MA

Postal Code: 02114-2136

Country: USA

Creation and Review Dates

DIF Creation Date: 2008-09-22

Last DIF Revision Date: 2009-01-29

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