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1. What is a wetland?

For the purposes of Massachusetts law and the Dracut Wetlands Protection Bylaw, an inland wetland is any marsh, lake, pond, river, stream, floodplain, vernal pool, wet meadow, bog, or swamp. Wetlands that border ponds, lakes, rivers, and streams are called bordering vegetated wetlands.

Wetlands may not always be obvious to the untrained eye and only the examination of soils, vegetation, and hydrology can determine if an area is a wetland.

2. What is a wetland buffer zone?

A buffer zone is the protected area surrounding a wetland that is under the jurisdiction of the Conservation Commission. In the case of ponds, lakes, marshes, swamps, intermittent streams, vernal pools, and bogs the buffer zone is 100 feet measured horizontally from the top of the bank of the wetland.

Rivers and perennial streams have a buffer zone of 200 feet called riverfront area that is measured horizontally from the top of the bank of the stream or river.

3. What is the difference between an intermittent stream and perennial stream?

An intermittent stream does not have flowing water year-round while a perennial stream typically has water flowing through it year-round. Massachusetts has criteria for determining if a stream is perennial in the Appendix of the 310 CMR 10, the regulations of the Wetlands Protection Act (PDF). A wetlands scientist can be consulted to determine if a stream is perennial or intermittent.

4. What is a vernal pool?

Vernal pools are water-holding depressions free of fish that usually appear in the spring after snowmelt, however, some fill with water in the fall during rain events and persist through the winter into the spring. While many vernal pools dry up during the summer, some are semi-permanent and do not dry every year. Vernal pools are important habitats for many species of wildlife, including salamanders, frogs, turtles, and toads, some of which are totally dependent on vernal pools for their survival. Because of their sensitive nature and important ecological functions, vernal pools come under special consideration in both state and local bylaw wetlands regulations.

Certified and non-certified vernal pools and their 100-foot buffer zone are regulated in Dracut and any work will need to come before the Conservation Commission for permitting before it can begin.

5. Why are wetlands protected?

Wetlands perform important functions including pollution abatement, protection of groundwater (which is the source of many Dracut residents' drinking water), flood control, storm damage prevention as well as providing habitat for plants, invertebrates, fish, birds, reptiles, amphibians and other wildlife.

Under the he Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, § 40), 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".

6. What activities in a wetland or buffer zone require a permit?

Under Massachusetts General Law Chapter 131, § 40 and the Dracut Wetlands Protection Bylaw, Chapter 18 of the Town Code, most activities, such as construction, landscaping, and grading require a permit. Some activities, such as normal maintenance, are allowed without a permit. The Conservation Department can help you determine if your proposed activity will require a permit.

7. What are the different types of wetlands permitting forms and when are they used?

There are 3 wetlands permitting forms and the Conservation Department can assist in helping you to determine which form is the correct form for your project:

1. Request for Determination of Applicability (RDA) - For small projects located entirely in the 100-foot wetlands buffer zone (but not within 200 feet of a perennial stream or river) you may submit a Request for Determination of Applicability with a plan, sketch, or other description of the work to be done including dimensions of the project and distances from the wetland and showing any measures you plan to take to protect nearby wetlands from alteration.
   
   The Commission will set a time for a public hearing on your project and will advertise the hearing in the local paper at your expense. Abutters do not need to be notified of an RDA filing. During the public hearing, the Conservation Commission will gather additional information on your project, and members of the public may also comment at this time. If the project is determined to have no wetlands impact, you will be given permission to proceed as soon as a 10-day appeal period passes. The RDA applicant, abutters, ten residents of the community, and/or the MA DEP can appeal during the 10-day period. The Conservation Commission may impose certain conditions for the project to ensure minimum impact on the wetlands. Conversely, during the hearing, the Conservation Commission could determine whether the proposed project will impact the wetlands and may decide that you must refile under a Notice of Intent.
2. Notice of Intent (NOI) - If the project may impact wetlands, banks, lands within 200 feet of a river or perennial stream, or other resource areas, you may file a formal application known as a Notice of Intent. An NOI is a formal presentation, usually prepared with the assistance of a civil engineer and wetlands consultant, showing in detail all aspects of the proposed project. Dated plans stamped by an engineer must be submitted with the application. Abutters are required to be notified of an NOI filing. The Commission will set a time for a public hearing on your project and will advertise the hearing in the local paper at your expense. During the public hearing the Conservation Commission will gather additional information on your project and abutters and members of the public may also comment at this time. Once the hearing is completed and closed, which may take more than one hearing to achieve, the Commission must issue its decision, known as an "Order of Conditions," within 21 days.
   
   The Order of Conditions will contain specific conditions that must be adhered to that ensure an impact on the resource area does not occur. Some conditions may only apply while work is being done on the project such as ensuring spoils from the excavation are stored in a certain location while other conditions may be ongoing for the location such as no additional structures being built a certain distance from the wetland or resource area.
   
   You may appeal an Order of Conditions within 10 days of its issuance. Abutters, ten residents of the community, and/or the MA DEP can also appeal during the 10-day period. It is best to consult a lawyer immediately if you are considering an appeal of a Conservation Commission decision.
   
   After the 10-day appeal period, the Order of Conditions must be recorded at the Middlesex Northern District Registry of Deeds in Lowell, Massachusetts. Only after the 10-day appeal period has passed and the Order of Conditions is on record may work begin.
   
   Once the project is complete and any specified time period indicated in the Order of Conditions has passed, the applicant or the applicant's representative must come back before the Conservation Commission to request a Certificate of Compliance. The Conservation Commission may conduct a site visit prior to the public meeting and will review at minimum an as-built plan and a narrative of the completed project during a public meeting to determine if the project was completed as presented and in compliance with the conditions listed in the Order of Conditions. If the Conservation Commission is satisfied that the project is in compliance with the Order of Conditions, a Certificate of Compliance will be issued. The Certificate of Compliance is required to be recorded at the Middlesex Northern District Registry of Deeds in Lowell, Massachusetts to clear the Order of Conditions from the property's title. The Certificate of Compliance should be recorded as soon as possible after it is issued by the Conservation Commission. If the Certificate of Compliance is not recorded, the open Order of Conditions could cause delays to or prevent the sale, mortgaging, or refinancing of the property.
3. Abbreviated Notice of Resource Area Delineation (ANRAD) - This form is used if you are just seeking clarification of wetland resource area boundaries. An ANRAD will usually contain a wetlands evaluation of the site by a wetland scientist and a map showing protected wetland resource areas. Abutters are required to be notified of an ANRAD filing. The Commission will set a time for a public hearing on your project and will advertise the hearing in the local paper at your expense to review and discuss the ANRAD. Abutters and members of the public may also comment during the hearing. The Commission may ask for a peer review by another wetlands professional of their choice if they question the location of the resource areas. Once the hearing is closed, the Commission will issue a decision in the form of an Order of Resource Area Delineation (ORAD) on the extent and boundaries of the wetland resource areas. You may appeal an ORAD within 10 days of its issuance. Abutters, ten residents of the community, and/or the MA DEP can also appeal during the 10-day period.

8. I live near a mushy area where there are some ferns growing, is this a wetland?

It is very likely that the area you are describing is a wetland, but only a soil test and examination of the vegetation can make an accurate determination. Contact a wetland scientist or the Conservation Commission before you plan or carry out any work.

9. I live lakeside and I’m planning a retaining wall; do I need to file with the Conservation Commission?

Yes, an NOI will be required to be filed if the retaining wall is located on the shoreline of the lake. Work further away from the lake may qualify for an RDA filing. Please consult with the Conservation Department to determine which filing will be most appropriate for your particular project and proposed project location.

10. I live on a lake and I would like to put up a dock; do I need a permit?

Yes, an RDA will likely be the required filing but a larger dock or one that is permanently anchored may require a NOI filing. Please consult with the Conservation Department to determine the correct filing type. In addition, you will need to file with the MA DEP to obtain a Chapter 91 license under the Massachusetts General Laws Public Waterfront Act. If you plan a dock that exceeds 600 square feet you will also need an engineered plan prepared by a licensed professional engineer.

11. I live near a stream and I’d like to put a new deck on the back of my house. Do I need to file for a permit?

Maybe. If the location of the new deck is over 100 feet away from the bank of the stream if it is intermittent or over 200 feet away if the brook is perennial, no permit is needed.

If the proposed deck is within 200 feet from an intermittent stream, an RDA can likely be filed for the project and if the proposed deck is within 100 feet of a perennial stream, a NOI must be filed. Please consult with the Conservation Agent to determine if your project can be filed as an RDA or a NOI.

12. I live near a wetland and I’d like to cut down some trees near my house; do I need to file?

This depends on the number of trees being removed, whether you plan to remove stumps and the reason for the tree removal. Please consult the Conservation Department before proceeding with tree removal to determine how to proceed. Trees are important to wetlands as they moderate the temperature of wetlands creating specific habitat conditions integral to the survival of certain plants, wildlife, and invertebrates and providing habitat to wildlife and invertebrates even when they are dead. Additionally, tree roots stabilize the land in and around wetlands preventing erosion.

13. I see a depression filled with water on my property every spring; if I wanted to complete a project in or near this location, do I need to notify the Conservation Commission?

You should contact the Commission before proceeding with any project in or near this depression as it is possible what you are observing is a vernal pool.

14. I’ve hired a contractor to do some excavation on my property and it’s near a marshy area; should I contact the Conservation Commission?

Yes, as the property owner you are legally responsible for any and all work that occurs on your property. The marshy area may be a wetland, however, only a soil test and identification of vegetation can confirm this. You are required to obtain a permit before doing any work within a floodplain, within 100 feet of a wetland, and within 200 feet of a river or perennial stream. Please don't assume that your contractor knows this or that they will contact the Conservation Commission.

15. I suspect work is being done in a wetland or buffer zone without a permit, what should I do?

Contact the Conservation Commission immediately and do not attempt to intervene on your own. Provide the Conservation Commission with accurate information as to the location and the nature of the work being done. The Conservation Commission can confirm whether the work is being conducted under a permit and will investigate the work being done if necessary.

16. How do I contact the Conservation Commission?

The Conservation Commission may be reached by calling the Conservation Agent at 978-770-2587.

The Conservation Department is located in Town Hall on the 2nd Floor at 62 Arlington Street, Dracut, MA 01826. The office is staffed Monday, Wednesday, and Thursday from 8:30 am to 4:30 pm, Tuesday from 8:30 am to 7 pm, and Friday from 8:30 am to 1 pm.

It is recommended that an appointment is made if you would like the Conservation Director to review plans or a proposed filing.