Regulatory (permitting) Role of the Needham Conservation Commission
The Massachusetts Wetlands Protection Act and Regulations and the Needham Wetlands Protection Bylaw (Section 6) and Regulations are administered by the Needham Conservation Commission in order to ensure that no harm is done to the wetlands or to their ability to protect public and private water supply, protect groundwater, protect water quality, prevent flooding and storm damage, and protect wildlife, wildlife habitat, and fisheries (the “public interests”). If you are planning any work within a wetland resource area or buffer zone, you will need to apply for and obtain a permit or a formal determination that your project will not adversely impact resource areas.

Under the Massachusetts Wetlands Protection Act no one may “remove, fill, dredge, or alter” any of the land surface, water levels, or vegetation in wetlands, flood plains, “bordering vegetated wetlands” (BVWs), or other wetland resource areas without obtaining a permit from the local Conservation Commission. The Conservation Commission also has the authority to regulate activities in the "buffer zone” of upland that is within 100 feet of a wetland or stream, and the “riverfront area” within 200 feet of perennial rivers or streams.

The Commission’s regulatory authority derives from the following statutes:

1. Massachusetts Wetlands Protection Act (MGL Ch. 131. S. 40)
Since the passage of the Jones Act in 1963, Massachusetts has become a leader in wetland protection. The Jones Act was the first wetlands protection statute in the nation and required developers to acquire permits before building on or filling in coastal wetlands. In 1965, the Massachusetts legislature passed the Hatch Law that extended protection to inland wetlands. In 1972, these laws were combined into the Massachusetts Wetlands Protection Act and broadened to protect beaches, dunes, wetland banks, and areas subject to flooding. Town Conservation Commissions are required to implement the wetland regulations at the local level for the protection and conservation of local wetlands, watershed areas, and other natural resources.

2. Rivers Protection Act
The Rivers Protection Act was incorporated into the Massachusetts Wetlands Protection Act in 1996 in order to strengthen the protection of rivers and permanent streams through the creation of a new resource area – a riverfront area buffer zone. The riverfront area is a 200-foot wide corridor of land on each side of a perennial river or stream, measured from the high-water line of the river.

3. Needham Wetlands Protection Bylaw (Town of Needham General Bylaw Section 6)
The Town of Needham Wetlands Bylaw additionally protects resource areas defined as any freshwater wetland, including marsh, wet meadow, bog or swamp; any bank of a lake, pond, river, stream or other watercourse; any water body or waterway, including any lake, river, pond, stream or watercourse: land within 100’ of a vernal pool; and any bordering or isolated land subject to flooding or inundation by groundwater or surface water.

Wetland Resource Areas Protected in Needham
Some wetland resource areas, such as rivers and ponds or areas that contain standing water are easy to identify; other wetland resources may be less obvious or may be complex and require some level of technical expertise with knowledge of such terms as intermittent or perennial stream status. Nevertheless, it is your responsibility to find out what types of wetland resource areas may exist on or abutting your property and whether your project requires review by the Conservation Commission. The following is a list of protected wetland resource areas found in Needham:

    · Ponds and lakes
    · Rivers and perennial streams
    · Intermittent streams that may be dry for some portion of the year
    · Banks of ponds, lakes, rivers and streams
    · Land under a water body, such as a pond or river
    · Fresh water wetlands, including swamps, marshes and bogs
    · Vernal pools -- shallow spring pools that become dry during the summer
    · Floodplains --areas along streams or rivers that are flooded in major storms
    · Vegetated wetlands – areas where soils are wet and where wetland plants, such as red maple,     
      skunk cabbage, cattails, purple loosestrife, cinnamon and sensitive fern occur.
    · Wet meadows
    · Man-made ponds or ditches
    · Any land within 100 feet of a wetland – the “buffer zone” is also protected because this area is 
      important to the wetland and to wildlife habitat
    · Any land within 200 feet of a river or perennially-flowing stream – the “riverfront area” is protected 
      by The Rivers Act
    · Bordering land subject to flooding
    · Isolated land subject to flooding

A good regulatory definition of the term "wetland” may be found in the Federal 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. As such, wetlands are defined -- or delineated -- according to three criteria:

    1. Hydrophytic vegetation: water-tolerant plants that have adapted to wetland conditions
    2. Hydric soils: water-saturated soils that have become oxygen deficient
    3. Hydrologic regime: dominated by the presence of water through flooding or saturated 
        ground

Activities that are Regulated and/or Prohibited in Wetlands and Buffer Zones
The general rule for wetlands is “no alteration.” This sounds fairly straightforward when we think of activities that obviously change the nature of wetlands, such as dredging or filling or building directly in the wetland. However, other activities that we may not immediately perceive as “alteration” can be detrimental to the health and function of wetland resources and, therefore, are prohibited in wetlands. Activities in the buffer zone also fall under Conservation Commission jurisdiction, enabling the Commission to require that steps be taken to minimize the threat of adverse wetland impacts when construction and other work in the upland occurs. In Needham, prohibited or regulated activities include:

    · Filling
    · Dredging
    · Dumping – including brush, leaves, grass clippings, yard waste
    · Excavating
    · Grading
    · Removing vegetation – including natural vegetation such as live or dead trees, shrubs, or             
      groundcover, or the removal of invasive species.
    · Landscaping – from planting a tree to creating a new lawn or garden 
    · Construction or expansion of new or existing buildings – including additions such as garages,     
      decks, porches, stairs
    · Erection of structures – including sheds, dock, piers,
    · Construction of tennis courts, sports courts, swimming pools
    · Demolition of existing buildings and structures
    · Installation or widening of paved driveways
    · Installation of drainage, sewer, or irrigation systems
    · Discharging pollutants
    · Changing drainage characteristics, flow patterns, the water table, or water quality

The Permit Application and Review Process
See Information for Applicants for guidance on the application and permit review process.