Caspian Associates blog/newsletter, New England Construction and the Environment is focused on issues facing site development in New England. This issue focuses on identifying the wetland types of Massachusetts.

1. New England Construction
SPECIAL
POINTS OF IN-
TEREST:
Construction and the Environment
V O L U M E 1 , I S S U E 1 M A R C H 1 8 , 2 0 1 0
Vernal Pools must
Comprehending Mass. Wetlands
be free of fish.
Land Subject to
Flooding is deter-
mined through sur-
vey and engineering
calculations. Massachusetts takes its Plus, let’s face it, you have around water in Massachu-
rivers, vernal pools, wet- better things to do than setts . It will also serve as guide
Salt Marsh is deter-
mined by the height lands and coastal banks remember the difference for those twisting morning-
of the Spring Tide seriously. Unless one if between a stream and a after-the-hearing briefings.
Event
familiar with the conserva- river, a certified vernal As always, your comments and
Buffer zone, no- tion definitions and knows pool vs. a functioning ver- opinions are welcome. Please
disturb zones and no
what words not to utter nal pool and what can be email them to
- build zones are not
the same. (“fill” comes to mind..) one done in what area of what NECE@caspianassociates.com
is all but guaranteed to end buffer zone on a Tuesday. to enter the discussion.
up with an unpleasant let- Ok, that last part was
ter DEP or the Conserva- made up, but not by much.
tion Commission. This issue of NECE will
INSIDE THIS This stuff is not easy and discuss what you need to
ISSUE: seems to change every day. know about working
Vernal Pools 2
Vernal Pools. Continued next page...
Wetlands 2
Coastal 2
Wetlands
Vernal pools are large pud- 1. They are temporary by In the real world interpreta-
Natural 3 dles that appear with the having water at least 2 tion is more loose. Vernal
Heritage spring or fall rains. Vernal months of the year. pools are increasingly al-
pools appear insignificant, 2. They are without adult lowed to have an inlet or
Home Rule 3 yet for the site developer fish populations. outlet, are no longer re-
carry a great risk for land 3. They are an enclosed quired to run dry and must
About NECE 4 loss, have almost no per- basin within another be proven free of predatory
Set back 4 formance standards, impact the boundaries of a fish populations.
Cheat Sheet site design and push pro- defined wetland re-
ject budget. Vernal pools source area. To complicate the require-
are also a top buzz word ments, most municipalities
tossed flippantly to stall have wetland bylaws that
public hearing proceedings independently define ver-
and force environmental nal pools. The definitions
studies. range from the clearly de-
fined to the assumption
So what are these pools? In every wet area is a vernal
short: pool until proven other-

2. PAGE 2
wise. prepared by someone
with extensive exper-
So how does a site devel- tise in vernal pool
oper plan for this? ecology. These find-
ings must be able to
1. Be proactive. Find withstand scientific
out early if there is a peer review.
possible vernal pool 3. Gain a working
on the site. Spring is knowledge of State
the best time to make and Municipal regu- Following these five
and get signoff on lations, policies and points can make the dif-
vernal pool determi- real– world practices. ference in reducing pro-
nations. Have deter- 4. Formulate a strategy ject expenditures, speed-
Wild Calla minations be con- before the design ing up permitting times
ducted by a private phase. and providing a permit
sector consultant. 5. Keep the lines of for the desired project.
2. Require that a formal communication open.
findings document be Ask questions.
“Following
these five points Wetlands Land Subject to plain, it is not the same
can make the Flooding: as floodplain.
In Massachusetts, there Isolated (ILSF): An en- None of the Above
difference..”
are different categories closed basin that tempo- Sometimes wetlands pre-
of wetland: rarily stores high ground- sent as isolated features,
Bordering Vegetated water or runoff. It may but do not meet the ILSF
Wetland: function as, but is not threshold. They are
necessarily a vernal pool. wetlands, but do not fit
Bordering Vegetated
Breaking the threshold current regulatory cate-
Wetlands (or BVW) are
Erosion Control and Drainage for this determination is
determined through indi- gory. In these situations,
made through specific one must assess how
cators of wetland vegeta-
survey and engineering much fight/cost is avail-
tion, hydric soils and hy-
calculations. able to be put into the
drology. They have a
100 foot buffer zone un- Isolated Land subject to process (in terms of Pro-
der the State regulations. flooding does not have a cedural risk vs. Violation
This is not a No– Dis- 100 foot buffer zone. risk.) While Local and
turb zone, but an area Bordering:( BLSF): Tempo- State regulators will fight
where proposed activi- rary water storage from arguments of non-
ties require formal re- an overtopping of a jurisdictional status, the
view and a permit. Mu- pond, lake or water- site developers have
nicipalities often have course. Though it may been known to win on
more stringent rules. overlap FEMA Flood- point of law.
NEW ENGLAND CONSTRUC TION

3. VOLUME 1, ISSUE 1 PAGE 3
Common Coastal Wetlands
Salt Marsh: is a wetland Barrier Beaches: are strips of Coastal Dune: is a forma-
area that is delineated up land indicated by the pres- tion of sediment land-
ward of a coastal beach.
to the highest tide line (ofence of coastal beach and
The designation of a dune
the 14 day Spring Tide cy- coastal dunes that run paral- as a Primary Dune is
cle) . lel to the coast. There is a often contested.
Coastal Bank: is the sea- body of water that separates
ward edge of a landform the land from the mainland
Coastal wetlands are different. and is determined by a cu- at one or two terminal
rious DEP guidance involv- points.
Coastal wetland resources ing changes in bank incline
are different from their relative to flood zones and
freshwater cousins. Mean High Water. Coastal Dunes
Natural Heritage Program: NHESP
Coastal Bank
is determined
by a curious
Though not a wetland type The Natural Heritage and coincide with a Conservation
DEP guidance
this application process is Endangered Species Program permit application, many do
worthy of inclusion. (NHESP) is determined not. Projects that are pro- involving
through pre-existing mapped posed within mapped areas changes in
polygons of habitat known as (wetland or not) must un-
bank incline
Priority Habitat and Esti- dergo a NHESP review,
mated Habitat. unless the project meets one relative to
While many polygons are of the NHESP listed exemp- flood zones .
within wetland areas and tions (such as septic repair in
lawn.)
Home Rule: Local Bylaws, Regulations and Policies
5. Policies. Most munici-
While trying to architect a vernal pool and/or other repairs. Structures such palities have policies (in
project that meets the re- wetlands. as additions or decks are addition to bylaws and
quirements of both the State 2. No -disturb zones. not permitted (unless a regulations). Some poli-
and municipal regulations can These areas are off limits waiver is requested). cies are written, some
be a challenge, certain mu- are not.
for any work (unless a
nicipal conservation require- waiver is requested). 4. Local application forms Keeping these things in
ments can be expected: and separate filing fees.
3. No build zones. These mind when considering a
1. The provision of an inde- areas are for projects project can avoid head-
pendent definition of like landscaping or septic aches.

4. About Us:
New England Construction and The Environment
Plan Wisely. (NECE) focuses on the issues that impact site de-
velopment Blog subscriptions may be found at:
Shrewsbury, MA www.caspianassociates.com
North Andover, MA
Caspian Associates is a construction services firm
Harrison, ME supplying engineering (civil and geotechnical), en-
Contact vironmental consulting, permit acquisition and con-
Phone: 508. 792. 1121 struction management services to New England.
Fax: 508. 757.0384 Comments and opinions are welcome. Send to:
E-mail: NECE@caspianassociates.com
General:
Info@Caspianassociates.com
Newsletter:
NECE@Caspianassociates.com
Conservation Buffer Zone Cheat Sheet:
DEP Wetland Type 100’ Buffer Zone 200’ Riverfront Other: Notes
Bordering wetland X
Flooded: Isolated No Buffer Zone
Flooded: Bordering X
Vernal Pool 100’ or at the limit of
the enclosing resource
area.
Rivers X
Intermittent Stream X
Salt Marsh X
Coastal Bank X
FEMA Floodplain No Buffer Zone