The Goshen Conservation Commission administers the Massachusetts Wetlands Protection Act and related regulations. The Commission 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. If you are planning any landscaping, clearing, filling, excavation, demolition, or construction within a wetland or
floodplain, within the 100’ buffer zone, or within 200’ of any river or other perennial stream -- whether or not the wetland resource is on your
property -- or if you are unsure if your project lies within a wetland resource area, please contact the Conservation Commission before you begin your project to determine if you will need a permit.
Building permits will not be issued by the building inspector until first signed off by a member of the Conservation Commission.
The Commission will be pleased to help you determine the procedures that are applicable to your proposed activities and to work with you in order to best protect the wetland resource areas. Work done without a permit is subject to an Enforcement Order, which may include fines.
- Mailing Address Goshen Conservation Commission, PO Box 9999, Goshen, MA 01032
- Meeting Schedule The commission meets twice per month on the first and third Tuesday at 7:00PM at the Town Offices. All meetings are open to the public at all times.
- Phone Number 268-xxxx.
The Goshen Conservation Commission is a five-member volunteer board appointed by the Board of Selectmen. Current board members include:
- Coming soon.
- Coming soon.
| The Massachusetts Wetlands Protection Act, the Rivers Protection Act |
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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.
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 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.
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. Specifically, the following is a list of wetland resource areas in
Goshen:
- 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:
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:
- Hydrophytic vegetation: water-tolerant plants that have adapted to wetland conditions
- Hydric soils: water-saturated soils that have become oxygen deficient
- Hydrologic regime: dominated by the presence of water through flooding or saturated ground
| Activities that are Prohibited or Regulated in Wetlands and Buffer Zones |
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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 Goshen, 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 Massachusetts Wetlands Protection Act and Regulations are
administered by the Goshen 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. If the buffer zone
activity you plan is relatively minor, it may not require a permit, and you may request a determination of applicability.
Types of Applications:
- Request for Determination of Applicability: a request that the Conservation Commission determine if the work proposed requires a permit (some minor activities, such as small alterations of the buffer zone more than 50 feet from a wetland may not require a permit) or that the Commission determine if the work is within a Resource Area.
- Abbreviated Notice of Resource Area Delineation: an application to request that the Commission formally review and approve the delineation of resource areas at a site.
- Notice of Intent: an application to request that the Commission approve work within the buffer zone or another resource area.
- Request for Certificate of Compliance
- Extension Permit for an Order of Conditions An Order of Conditions is valid for three years from the date of issuance.If an extension is needed, the applicant must
submit a written request for the extension to the Conservation Commission at least 30 days prior to the expiration date of the Order of Conditions.
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