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What does the Commission do?
Lynnfield Conservation Commission has seven volunteer members who are appointed by the Board of Selectmen. The Lynnfield Conservation Commission (LCC) is the local permitting authority specifically charged with the protection of Lynnfield's natural resources. The primary role of the Commission is the administration and enforcement of the Wetlands Protection Act (MGL c.131, §40).
Under the jurisdiction of the Wetlands Protection Act (WPA), the LCC is responsible for reviewing wetland filings, holding public hearings on Notices of Intent, Requests for Determination and Notices of Resource Area Delineation, as well as issuing other documents. Each wetland application requires a site visit, which provides the Commission with a visual overview of existing conditions on the property. On-site visits are a valuable and essential part of the decision-making process involved when reviewing projects. Constant changes in regulations, including stormwater management and rivers protection, require ongoing training of the LCC members and the hiring of professional consultants, when needed. The Department of Environmental Protection (DEP) also offers ongoing seminars for the members.
The Commission also engages in open space planning, and the active management of hundreds of acres of town owned conservation land. The Conservation Administrator provides many ongoing educational experiences for Lynnfield’s pre-school and elementary school students, coordinates activities with the science department of the Lynnfield Public Schools and conducts presentations to civic organizations promoting the value of Lynnfield’s natural resources. The Administrator and Conservation Commission members also facilitate community projects, such as “clean-up” days at several conservation areas in Lynnfield, pesticide awareness seminars, landscaping and water conservation seminars and Pillings Pond Appreciation Day.
What is the Wetlands Protection Act?
The purpose of the Massachusetts Wetlands Protection Act (WPA) is the protection of Massachusetts wetlands by preventing pollution, reducing the effects of potential flooding, preventing storm damage, protecting groundwater supplies, maintaining habitats for plants and wildlife, and protecting public and private water supplies.
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The Massachusetts WPA identifies eight public interests that wetlands serve.
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PROTECTION OF PUBLIC & PRIVATE DRINKING WATER SUPPLIES – Wetlands contribute to both the quality and quantity of public and private drinking water supplies by contributing to the ground water supply, protecting against storm damage, and prevention of pollution. |
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POLLUTION PREVENTION – Wetland plants and soils slow down the flow of water, allowing suspended sediments to settle out. The plants in a wetland also trap, remove, and/or dissolve pollutants in the water such as phosphates, nitrates, and heavy metals. |
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GROUNDWATER SUPPLY – Not only does groundwater contribute to drinking water supplies, as mentioned above, it is also very important in maintaining water levels in many rivers, streams, lakes and ponds. Finally, groundwater provides a vital source of water to plants between rainstorms. |
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FLOOD CONTROL – Wetlands help control flooding by slowing down and storing floodwaters. The plants and soils in the wetland absorb much of the water. The remainder is released at a slower, steadier rate. |
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STORM DAMAGE PREVENTION – During a storm, wetland vegetation stabilizes the soil and prevents erosion from wind, ice, and fast-moving water. Friction from the plants found in wetlands also slows down the velocity of potentially damaging storm waters. |
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PROTECTION OF FISHERIES – In addition to preventing contamination, wetlands provide a valuable food source and habitat to many fish species. |
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WILDLIFE HABITAT – Wetlands provide habitat for various animals. Birds, mammals, reptiles, and amphibians use wetlands for food, shelter, breeding and nesting. Wetlands are also valuable migratory areas. |
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PROTECTION OF LAND CONTAINING SHELLFISH – In coastal areas, wetlands provide habitat and protection against pollution for shellfish such as mussels, clams, and oysters. (Lynnfield does not have coastal wetlands.) |
The Act gives local communities and the Department of Environmental Protection the authority to regulate work and to enforce regulations near Resource Areas.
What Resource Areas are protected under the Act?
Protected wetland resource areas include rivers, streams, brooks, ponds, lakes, vegetated wetlands, banks, floodplains, marshes, and vernal pools. The riverfront area is an area, which extends 200 feet from the banks of rivers, brooks and streams. The regulations also provide a buffer zone, which extends 100 feet from the edge of the wetlands.
When should you consult the Commission?
Prior to planning work within the 100-foot buffer zone of a Resource Area, or within the 200-foot buffer zone of a Riverfront Area, you should first consult with the Conservation Commission. Permits will be necessary to condition projects that may impact wetland resource areas. When in doubt, our Conservation Administrator will be happy to consult with you and answer your questions. For detailed information, please contact the office.
It is illegal for anyone in Lynnfield to dredge, fill, modify or alter any of these resource areas without first filing for and receiving a permit from the Conservation Commission or the Department of Environmental Protection. Anyone who may want to work within 100 feet of a wetland or within 200 feet of a brook, stream or river and who plans to build, grade, clear, apply herbicides or do any work which could alter the resource area must contact the Conservation Commission before doing so. Failure to adhere to these regulations may result in punishment of a fine of not more than twenty-five thousand dollars.
Wetlands Permits
If your property is near a wetland or waterbody and you wish to cut trees, build a structure or conduct grading activities on your land, you may need a wetlands permit before you start work! Please contact the Conservation Administrator to discuss your proposed project.
Also, notify the Conservation Administrator when you intend to file for a wetlands permit to perform work under the Massachusetts Wetlands Protection Act and/or the Town of Lynnfield's Environmental Bylaw. She will coordinate placing your hearing on the Conservation Agenda and arranging a site visit to your property. You will need to contact the Assessor's Office for a list of abutters when filing a Notice of Intent or Abbreviated Notice of Resource Area Delineation.
The following is a brief description of the State forms that may be filed with the Commission for proposed projects and activities:
1. Request for Determination of Applicability: This form is for proposed minor activities and projects entirely within the Buffer Zone that will have little or no impact on the Wetland Resource Area. There is no filing fee for this permit application, but the applicant must pay for the legal ad submitted to the Lynnfield Villager. By submitting this type of application, the applicant is requesting that the Commission determine if the proposed activities will have a negative or positive impact on the wetlands. A public meeting is scheduled during a regular Conservation Commission meeting and a site visit is conducted to the property. A Determination of
Applicability is voted by the Commission. If the Determiniation is negative, the Commission will issue a permit with conditions allowing the project; if the Determination is positive, the applicant must file a Notice of Intent for the project.
2. Notice of Intent: This form is for large projects that involve soil disturbance either in the Buffer Zone or in a Wetland Resource Area. It is a more detailed permit application which may require professionally engineered plans. There are state fees associated with this permit, abutters must be notified by certified mail, return receipt requested, a site visit is conducted, and sometimes a consultant is hired at the applicant's expense to review the project for the Town. When the project has been adequately reviewed, the Commission issues a permit called an "Order of Conditions" either denying or permitting the project with conditions.
3. Order of Conditions:
4. Certificate of Compliance:
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