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Farming in Wetland Resource Areas:
A Guide to Agriculture and the
Massachusetts Wetlands Protection Act
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OVERRENT Db<
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AUG 3 1 1998
univers
ity of Massachusetts /Commonwealth of Massachusetts
Depository Copy , /
v Department of Environmental Management
Department of Environmental Protection
Department of Food and Agriculture
Revised January 1996
Digitized by the Internet Archive
in 2012 with funding from
Boston Library Consortium Member Libraries
http://archive.org/details/farminginwetlanOOmass
Farming in Wetland Resource Areas:
A Guide to Agriculture and the Massachusetts
Wetlands Protection Act
Revised January 1996
(Originally Issued January 1994)
Produced by:
Massachusetts Department of Environmental Management
Massachusetts Department of Environmental Protection
Massachusetts Department of Food and Agriculture
In collaboration with:
Cape Cod Cranberry Growers Association
Committee on Agriculture and the Environment
Cooperative Extension Service, University of Massachusetts
Farmland Advisory Committee
Massachusetts Association of Conservation Commissions
Massachusetts Audubon Society
Massachusetts Farm Bureau Federation
Massachusetts State Forestry Committee
New England Small Farm Institute
United States Department of Agriculture, Soil Conservation Service
Project Coordinator: Kathryn Z. Ruhf
New England Small Farm Institute
Belchertown, Massachusetts
Cover drawing by Andy Ahlstrom is reproduced with the permission of the Izaak Walton
League of America.
Page Design and Layout: Karen Walsh Peterson, Department of Environmental Protection
Commonwealth of Massachusetts
William F. Weld, Governor
Argeo Paul Cellucci, Lt. Governor
Executive Office of Environmental Affairs
Trudy Coxe, Secretary
Department of Environmental Management
Peter Webber, Commissioner
Department of Environmental Protection
David B. Struhs, Commissioner
Arleen O'Donnell, Assistant Commissioner
Department of Food and Agriculture
Jonathan L. Healy, Commissioner
Overview
Wetland and water resources are found on many Massachusetts farms. These resource areas
include streams, ponds, bogs, marshes, swamps, floodplains, isolated land subject to flooding,
wet meadows, salt ponds, salt marshes, land under the ocean, and fish runs, among others.
Agricultural activ es are subject to the jurisdiction of the Massachusetts Wetland Protection
Act when they ocvar within the resource areas (and their ICO foot buffer zones) defined in the
Act.
Many normal farming activities, including activities related to forestry, are exempt from
regulation under the Wetlands Protection Act. Others require a certain level of review by
local Conservation Commissions. The provisions of the Wetlands Protection Regulations that
cover exempt and regulated agricultural activities are the subject of this Guide.
This Guide is intended to:
Clarify the areas of a farm that are subject to the jurisdiction of the Wetlands
Protection Act.
Explain which activities, when located in areas that are subject to the jurisdiction of
the Wetlands Protection Act. are exempt from review.
Explain the procedures and conditions for meeting the requirements for an exemption.
Describe the permitting process for non-exempt activities that do requiie regulator)'
review.
Provide information about wetland resources and values.
Provide information about agricultural practices and values.
Provide resource and referral information.
This Guide focuses on the regulations that concern agriculture and wetland resource areas in
Massachusetts. It does not cover every detail and it is not to be construed as policy. Finally,
it offers suggestions for how those concerned with farming and with wetlands can help to
preserve both.
ii Farming in Wetland Resource Areas (1/94)
Preface and Acknowledgements
This Guide is intended to give a better understanding of the Agricultural Exemption to the
Massachusetts Wetlands Protection Act (WPA) to the farming community, wetlands
regulators, and the general public. It includes information about farming practices and wetland
resources and is designed to help those affected by Massachusetts General Laws Chapter 131,
Section 40, to approach and interpret those portions of the Wetlands Protection Regulations
that deal with agriculture and aquaculture.
The binder format allows for the addition of new and revised sections as they become
available. For example, relevant DEP program policies, SCS standards, and related regulatory
or informational materials may be included later.
Please note: revised aquaculture provisions of the Wetlands Protection Regulations have not
been promulgated and are not included in this January 1996 publication; they will be
published at a later date. Please insert those sections into the binder when you receive them.
This document should be used as a guide and as a source of information. It does not answer
all questions and therefore it should be accompanied by a close reading of the Wetlands
Protection Act and Regulations themselves. Please remember that this document is only a
Guide and should not be construed as DEP policy. Successful implementation of the
Agriculture Exemption to the Wetlands Protection Act will require communication and
information sharing among those concerned with protecting both agriculture and wetland
resources.
To keep this Guide easy to follow, fine detail has been avoided. Readers who need
greater detail and want to learn more about the Wetlands Protection Act and about
agriculture may turn to the many resources listed in this Guide. (Please see Appendix A:
Resources and References.)
This Guide reflects the hard work and thoughtful contributions of many people. The support
and input of the collaborating agencies and organizations and other reviewers, editors, and
support staff are gratefully acknowledged.
Funding for this project was provided by the Massachusetts Department of Environmental
Protection and the Massachusetts State Office of the U.S.D.A. Soil Conservation Service.
Farming in Wetland Resource Areas (1/96) iii
Table of Contents
Chapter One: Introduction 1-1
Background 1-1
The Importance of Wetlands 1-3
Wetlands Values and Functions 1-3
Flood Control and Prevention of Storm Damage 1-4
Protection of Water Supplies and Prevention of Pollution 1-4
Protection of Fisheries and Wildlife Habitat 1-4
Protection of Recreational and Aesthetic Resources and Enhancement of
Property Values 1-5
Resource Areas and Public Interests: Charts and Illustrations 1-6
Inland Wetland Resource Areas 1-6
Coastal Wetland Resource Areas 1-7
Public Interests Served by Wetlands 1-8
Wetlands Protection and Conservation Commissions 1-9
Overview of the Wetlands Protection Act 1-9
The Agriculture Provisions of the Wetlands Protection Act 1-9
The Local Conservation Commission 1-10
Understanding Agriculture in Massachusetts 1-12
What You Can Do 1-14
Conservation Commissioners 1-14
Farmers 1-14
Chapter Two: Working with the Regulations 2-1
Approaching the Exemption 2-1
Agriculture 2-1
Components of the Exemption 2-1
Work 2-1
Normal 2-1
Maintenance 2-2
. Improvement 2-2
Land In Agricultural Use (LIAU) 2-3
Conditions 2-6
General conditions 2-6
Specific conditions 2-6
Selected Exempt Activities 2-7
Field Edges 2-7
Squaring Off a "Field Boundary" 2-8
Substantial Fill 2-8
The 4,000 S.F. Limit for Construction of Farm Structures 2-9
The Agriculture Exemption and Conservation Plans , 2-10
Overview 2-10
Farmers, Conservation Commissions, and Conservation Plans 2-10
Exempt Water-Management Projects 2-11
Non-Exempt Water-Management Projects 2-12
Chart of Activities That May Require a Conservation Plan 2-14
Determining Jurisdiction 2-15
Requests for Determination 2-15
Delineating Bordering Vegetated Wetlands on Farms 2-17
iv Farming in Wetland Resource Areas (1/96)
Table of Contents
Table for Determining Jurisdiction 2-18
The Emergency Provision [310 CMR 10.06(6)] 2-19
Enforcement 2-21
Section 401 Water Quality Certification Program 2-23
Chapter Three: The Soil Conservation Service and Conservation Planning 3-1
The Soil Conservation Service, Conservation Districts, and Conservation Plans 3-1
The United States Soil Conservation Service and Conservation Districts 3-1
The SCS-Assisted Conservation Plan 3-1
The Field Office Technical Guide: A Guide to Good Conservation 3-4
The Federal Farm Bills and Massachusetts Farmers . . 3-5
Where to Find Assistance 3-6
Chapter Four: Practices and Terms 4-1
Introduction 4-1
General Farming Practices and Terms 4-2
Cranberry Practices and Terms (with diagrams of cranberry bog system) 4-10
Chapter Five: The Forestry Regulations 5-1
Introduction 5-1
Understanding Forestry in Massachusetts 5-3
The Massachusetts Forest 5-3
Forested wetlands 5-4
Forest values and uses 5-4
Recreational opportunities 5-4
Habitat for game and non-game wildlife 5-4
Water resource protection 5-4
Aesthetic value 5-5
Wood products 5-5
The Practice of Forestry 5-5
Timber Production 5-7
Maple Sugar Production 5-8
Forestry Provisions of Chapter 131, Section 40 5-9
Exempt Activities 5-9
Limited Projects for Non-Exempt Forestry Activities 5-11
Relationship with Sections 401 and 404 of the federal Clean Water Act 5-12
Enforcement 5-12
Working with Chapters 131 and 132 5-13
Overview of Chapter 132 5-13
Forest Cutting Plans 5-13
Relationship between Chapters 131 and 132 5-14
Chapter Six: Forestry Practices and Terms 6-1
Introduction 6-1
Practices and Terms 6-2
Farming in Wetland Resource Areas (1/96)
<
Table of Contents
Appendices A-l
A. Resources and References A-l
U.S. Natural Resources Conservation Service Field Offices and District
Conservationists A-l
Massachusetts Department of Environmental Protection, Division of Wetlands and
Waterways A-2
Massachusetts Department of Environmental Management, Division of Forests and
Parks A-3
Massachusetts Association of Conservation Cc.nmissions (MACC) and MACC
West A-4
Cape Cod Cranberry Growers Association A-4
Massachusetts Aquaculture Association A-4
Massachusetts Forestry Association A-5
Massachusetts Association of Professional Foresters A-5
Massachusetts Association of Timber Harvesters A-5
Massachusetts Wood Producers Association A-5
Massachusetts Audubon Society A-5
University of Massachusetts Extension A-5
Massachusetts Department of Food and Agriculture A-5
New England Small Farm Institute A-6
Massachusetts Society of Municipal Conservation Professionals A-6
Massachusetts Farm Bureau Federation A-7
U.S. Army Corps of Engineers A-7
Conservation Districts in Massachusetts A-7
Resource Conservation and Development Areas A-8
Massachusetts Division of Fisheries and Wildlife A-9
Natural Heritage and Endangered Species Program A-9
Agricultural Composting Association A-9
B. The Wetlands Protection Act and Agriculture Regulations A- 11
Wetlands Protection Act (Massachusetts General Laws Chapter 131, Section 40) A-ll
Definition of Agriculture [310 CMR 10.04(Agriculture)] A- 16
Agricultural Emergency [310 CMR 10.06(6)] A-21
The Agricultural Limited Projects [310 CMR 10.53(3)(a, b, and c)] A-23
Access for Forestry Limited Project [310 CMR 10.53(3)(r)] A-24.1
Forestry Cutting for Own Use Limited Project [310 CMR 10.53(3)(s)] A-24.2
The Conservation Plan Limited Project [310 CMR 10.53(5)] A-25
C. Memorandum of Understanding A-26
D. Chapter 141 of the Acts of 1991 (Establishing the Farmland Advisory Committee) A-3 0
E. SCS Technical Guide Standards: A Sample A-31
F. SCS Farm Conservation Plan: A Sample A-35
G. Monitoring Committee Information Collection Form A-43
H. Case Studies A-45
I. Forestry Memorandum of Understanding A-52
J. Instructions and Sample Approved Forest Cutting Plan Application A-58
vi Farming in Wetland Resource Areas (1/96)
Chapter One: Introduction
V^.^sj.
V-*V;
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-**- */•-
Chapter One: Introduction
Background
Chapter One: Introduction
Background
Wetlands Protection Act
Farmland Advisory
Committee
In Massachusetts, both farmland and wetland resources are recognized as interests
vital to the Commonwealth. Both are threatened. In 1972, the Massachusetts
Legislature enacted the first (and still one of the strongest) wetlands protection
laws in the nation. In passing the Wetlands Protection Act, Massachusetts General
Laws, Chapter 131, Section 40 ("WPA"), the Legislature recognized that farming
and forestry are important public values and should not be regulated to the same
extent as other activities.
Accordingly, the Wetlands Protection Act exempts "work performed for the
normal maintenance or improvement of land in agricultural and aquacultural use"
from review. This statutory language clearly and explicitly limits the exemption to
normal activities that occur on land currently IN agricultural use and does not
include activities that would bring new land into agricultural use.
Nevertheless, the interpretation of this exemption and the Wetlands Protection
Regulations [310 CMR 10.04( Agriculture)] that define it have been unclear to both
farmers and regulators. In 1991, the Legislature enacted legislation that had been
filed by farming organizations directing the Department of Environmental
Protection (DEP) to establish a Farmland Advisory Committee (FAC) to advise
DEP on clarifying the exemption.
The FAC is composed of two farmers, one representative each from the University
of Massachusetts Cooperative Extension (CES) and the USDA Soil Conservation
Service (SCS), and a Conservation Commissioner knowledgeable about farming.
The FAC met with DEP, the Massachusetts Department of Food and Agriculture
(DFA), the Committee on Agriculture and the Environment (an advisory group to
DEP that is composed of representatives of agricultural and environmental
interests), and other environmental, farming, and forestry groups. After 19 months,
the FAC proposed that DEP - with the advice and consent of the Commissioner of
DFA - adopt amendments to the Wetlands Protection Regulations that would
clarify the exemption.
Public hearings were held and new Wetlands Protection Regulations pertaining
specifically to agriculture (not including aquaculture and forestry) were
promulgated in May 1993. Regulations regarding forestry activities were adopted
in November 1995. Sections of the regulations pertaining to aquaculture will be
amended at a later date.
Participants in the process acknowledged, however, that these regulatory changes,
standing alone, would not be adequate to educate people about the specific terms
of the Agriculture Regulations. It war agreed that both regulators and the regulated
community could benefit from increased awareness and communication about
farming and wetlands - that old stereotypes, attitudes, and conflicts must be
reshaped by up-to-date information about farming practices, policies that promote
resource stewardship and sustainability, and dialogue between farmers and
regulators.
Clarifying the Agriculture Exemption has been a difficult task. The new
Agriculture Regulations are not meant to expand or contract the intent of the
statute or the previous regulations, but rather to allow clear, consistent, and
uniform administration of this portion of the law. They are designed to reduce
ambiguity by providing abundant examples, more detailed definitions and, in some
Farming in Wetland Resource Areas (1/96)
1-1
Chapter One:
Background
Introduction
cases, observable, measurable standards. In addition, they have been restructured
to some degree. For example, new agricultural emergency and "limited project"
provisions have been added.
Sunset Provision
The new Agriculture Regulations have a three year "sunset" provision so that they
will expire unless they are reauthorized at the end of three years (May 20, 1996).
Before the new Agriculture Regulations may be reauthorized, they must be
reviewed by a Monitoring Committee, which will recommend any changes to DEP
and the Secretary of Environmental Affairs. Participation in the work of the
Monitoring Committee is strongly encouraged. Farmers, Conservation
Commissioners, and technical assistance personnel may contact Monitoring
Committee members to provide substantive and anecdotal information about the
exemption, any permit, or related matters. (Appendix G contains a form to help
shape your data collection. It might be useful to file such records in the back of
this Guide.)
[Note: the regulations regarding forestry activities that were adopted in November
1995 do not have a sunset provision and will not expire in May 1996.]
wm — ^ — : — ' — V- *•■ — v' ^*^h« ^.
Farminn in WotlanH Pocn..^Q a^^> m/oci
Chapter One: Introduction
The Importance of Wetlands
The Importance of Wetlands
Wetlands Values
and Functions
Wetlands in Massachusetts range from broad floodplains along the Connecticut
and other rivers to beaches, salt marshes, and dune systems along the coast; to
bogs in Southeastern Massachusetts; to freshwater marshes and wet meadows
throughout the state; to the most common type of wetland in Massachusetts, the
seasonally-flooded wooded swamp.
Wetlands are areas where water is at, near, or above the surface of the ground
often enough for hydric soils to form and/or for wetland plants to grow. In the
Wetlands Protection Act, the term "wetland" includes not only the vegetated
wetlands we typically think of - such as marshes, swamps, and bogs - but banks,
dunes, beaches, and land under bodies of water (lakes, ponds, rivers, and streams).
Land subject to flooding, sometimes called the "floodplain," is an area that
experiences surface flooding during storms, periods of excessive rain, or spring
snow melt. Floodplain areas can be "bordering" in that they are found along
rivers and streams or occur adjacent to lakes and ponds. On the other hand, they
can be "isolated" from a body of water and occur in an isolated depression or a
closed basin. In addition, floodplain areas along the coast are subject to tidal
flooding.
The areas described above are referred to as "resource areas" in the Wetlands
Protection Act. Definitions of these resource areas for regulatory purposes are
found in the Act and its accompanying regulations.
In the not very distant past, wetlands were considered to be nothing more than
mosquito-breeding wastelands with no practical value unless they were filled.
Consequently, over half of the wetlands in the * Inited States - and nearly 30% in
Massachusetts - already have been destroyed or severely degraded, largely due to
human activities such as road construction, agriculture, non-point pollution sources
(including highway and pesticide run-off), land development, dredging, and
antiquated mosquito control methods.
Historically, the conversion to agriculture has been a major cause of loss of
wetlands in Massachusetts. Because of their flat terrain, rich organic soils, and
proximity to water, many wetland areas have been desirable for farming. Much of
the conversion occurred before the importance of wetlands was recognized or
regulated. Because so much of the state's wetlands has been lost, the remaining
wetland resource areas have enhanced public value.
In the last few decades, scientists have discovered that wetlands have tremendous
ecological and economic value (and that mosquitoes can be controlled without
destruction of wetlands). In fact, wetlands left in their natural state have been
shown to be far more cost-efficient than any human invention in:
Flood control and prevention of storm damage.
Prevention of pollution
Protection of public and private ground and surface water supplies.
Protection of fisheries and wildlife habitat.
Protection of recreational, aesthetic, and property values.
Farming in Wetland Resource Areas (1/94)
1-3
Chapter One: Introduction
The Importance of Wetlands
Flood Control and
Prevention of Storm
Damage
Wetlands and other floodplain areas provide temporary storage for flood water that
has risen above the bank of a river or stream or the basin of a lake, pond, or
isolated depression. They allow flood waters to recede slowly, releasing water by
evaporation, by percolation into the soil, and through flow downstream. When
wetlands and other floodplain areas hold water, they decrease downstream flood
crests and the rate at which the water flows.
Protection of Water
Supplies and
Prevention of
Pollution
Protection of
Fisheries and
Wildlife Habitat
Thus, these low floodplain areas act as buffers and prevent storm damage to
nearby lands, roads, and buildings. These functions minimize the need for
extensive engineering systems such as riprap and seawalls. In addition, vegetated
banks bind soil, preventing erosion caused by runoff or the flow of surface water.
Filling a floodplain reduces its storage capacity, restricts the flow of water, and
causes flood waters to rise higher and move faster. This can result in greater
erosion and downstream flooding. Unfortunately, there are too many examples of
houses flooded and even lives lost through the cumulative effects of filling
floodplains over the years.
Floodplain maps issued by the Federal Emergency Management Agency (FEMA)
under the National Flood Insurance Program show the floodplains associated with
major streams. Unfortunately, the maps are not complete and many floodplain
areas are not indicated If property lies near a stream or in a low-lying area, there
is a chance that part of the property is flood-prone. In some cases, the flood
elevation on the property must be calculated by a professional engineer
Directly or indirectly, wetlands often are sources of public or private water supply.
Some wetlands serve to recharge groundwater aquifers. In ad ' tion, surface water
runoff collects in streams; the streams, in turn, flow to reservoirs. Isolated
depressions also collect surface runoff and hold water when groundwater is high.
These depressions often act as important areas for recharging groundwater.
Nutrients carried by flood waters and deposited on the floodplain create a rich soil.
Wetlands can purify the water they receive, serving as natural settling ponds where
soils and vegetation can trap sediments. These sediments bind and, in some cases,
chemically break down pollutants into non-toxic compounds. For example, the
sediments beneath marsh vegetation absorb chlorinated hydrocarbons and heavy
metals such as lead, copper, and iron. Wetlands also retain nitrogen and
phosphorus compounds which, in large amounts, can lead to nuisance plant growth
in both fresh and coastal waters.
Some nutrients and toxic substances are held for long periods in plant roots and
soil. Others are held by plants during the growing season and then released as the
plants decay in the fall and winter - a time when they are less likely to degrade
water quality. Vegetation also stabilizes banks, thereby protecting water quality by
decreasing erosion and siltation.
Wetland vegetation provides nesting sites and protective cover to many types of
wildlife. Floodplains along rivers and stream' are wildlife corridors, providing
food, access to water, routes for migration. o\erwintenng areas, shelter, and
breeding areas. Vernal pools - important breeding sites for amphibians - often
occur in wetlands and floodplains. Wetlands and floodplains also provide habitats
for a high percentage of rare species.
Plants growing along a bank or at the water's edge may make tubers and berries
1-4
Farming in Wetland Resource Areas (1/94)
Chapter One: Introduction
The Importance of Wetlands
Protection of
Recreational and
Aesthetic Resources
and Enhancement of
Property Values
and also may provide shelter for wildlife that moves between wetland areas. Some
submerged, rooted vegetation in water bodies is eaten by waterfowl and mammals.
Some invertebrates eaten by wildlife attach their eggs to this vegetation and feed
and bask on living and dead plants.
Wetlands, whether within or adjacent to water bodies, provide food, shade,
breeding habitat, and cover for fish. Wetland vegetation supports a wide variety of
insects, reptiles, amphibians, mammals, and birds. It also supports food for game
fish such as large mouth bass, bluegill, and pickerel. After normal rainfall, banks
hold water in a channel, maintaining a depth that insures cool temperatures for fish
in hot weather. Steep or overhanging banks often have undercuts where fish hide.
Shellfish beds and commercial and recreational fisheries are dependent on good
water quality and healthy coastal and inland wetlands. When such areas are paved,
graveled, filled, excavated, or otherwise altered, these habitat functions are lost.
Degradation of fisheries and the loss of rare species are, to a great extent, related
to loss of wetlands and filling of natural floodplains.
The Commonwealth's wetlands provide recreational and aesthetic value to its
citizens daily - such as opportunities for hiking, fishing, boating, and other
activities. The tourism industry relies on these recreational opportunities as well
as on the varied terrain, open spaces, and scenic countryside offered by our water-
based resources.
One study of the Charles River Basin found an acre of wetlands to be worth an
average of $170,000 to the public (based on the wetland functions listed above, as
well as their role in increasing property values and providing a variety of
recreational uses). Using a conservative estimate of wetlands value of $100,000
per acre, the cumulative worth of the over 500,000 acres of wetlands in
Massachusetts is 50 billion dollars.
Unfortunately, many of these important wetland functions are not perceived as a
direct benefit to the individuals who own wetlands. Therefore, destruction of
wetlands may make economic sense to a landowner, but it does not make
economic sense to the citizens as a whole - particularly not to the neighbor whose
land is flooded, to fellow townspeople whose water rates are raised due to
contaminated or depleted water supplies, or to those citizens throughout the many
towns in the watershed whose jobs in the tourism and fishing industries are lost by
continuing wetland destruction and degradation.
Farming In Wetland Resource Areas (1/94)
1-5
Chapter One: Introduction
The Importance of Wetlands
Resource Areas and Public Interests: Charts and Illustrations
Inland Wetland Resource Areas
(Original:
Clearwater Estates.
MA Dept. of
Environmental
Protection. 1987)
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1-6
Farming in Wetland Resource Areas (1/94)
Chapter One: Introduction
The Importance of Wetlands
Coastal Wetland Resource Areas
(Both figures from A Guide to the Coastal Wetlands Regulations. MA Dept. of Environmental Protection, 1979)
"V~
Mean High water M
LAND UNDEf THE OCEAN
Section of a Coastal Beach
FRESH
MARSH
fidderCr* ^
Low Marsh
MARSH
LAND UNDER
FLAT THE OCEAN
Cross-section of a Salt Marsh
Farming in Wetland Resource Areas (1/94)
1-7
Chapter One: Introduction
The Importance of Wetlands
Public Interests Served by Wetlands
(From A Guide to Understanding and Administering the Massachusetts Wetlands Protection Act. MA Audubon
Society, 1992; with January 1996 correction by MA Department of Environmental Protection)
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1-8
Farming in Wetland Resource Areas (1/96)
Chapter One: Introduction
Wetlands Protection and Conservation Commissions
Wetlands Protection and Conservation Commissions
Overview of the
Wetlands
Protection Act
The Agriculture
Provisions of the
Wetlands
Protection Act
To understand the 1993 regulations regarding normal maintenance and
improvement of land in agricultural use - the "Agriculture Regulations" in this
Guide - it is necessary to review the regulatory framework established under the
Wetlands Protection Act. The following is a simplified version of the nearly 100-
page Wetlands Protection Regulations.
The regulatory review process begins when work is proposed. When deciding
whether or not a permit application must be filed, the applicant (the person
proposing to do the work) has to answer some threshold questions (see related
discussion, page 2-15) :
•Is the work subject to regulation? Certain activities - filling, altering, removing,
and dredging - are covered by the Act and defined in the Wetlands Protection
Regulations. "Alter" is broadly defined to include such things as changing
salinity, lowering water levels, destroying vegetation, or affecting water
temperature.
•Is the area where work will occur subject to protection? The Act and the
Wetlands Protection Regulations describe certain protected "resource areas" - such
as streams, ponds, wet meadows, floodplains, and bordering vegetated wetlands, as
well as banks, beaches, dunes, and land subject to flooding - and 100 foot buffer
zones around many of them.
•Is there an exemption for this activity? Some activities - like public utility
repair projects or mosquito control work performed under certain statutes - may
not need to comply with the Act and its regulations because the Legislature
cr«. ted an exemption for these activities. If the exemption applies, nothing further
need be done. "Normal maintenance or improvement of land in agricultural and
aquacultural use" - as it is defined in the Wetlands Protection Regulations -
qualifies for an exemption.
If the work is subject to regulation and the land is subject to protection and there
is no exemption, then a permit application must be filed with the local
Conservation Commission and DEP. This application is called a "Notice of
Intent." The Conservation Commission will review the application and hold a
public hearing. After the hearing, if the project is designed in accordance with the
Wetlands Protection Regulations the Commission will issue a permit (the "Order
of Conditions") that allows the work to proceed with conditions. Otherwise the
project will be denied. The Commission's ruling can be appealed to DEP by the
applicant, the owner (if not the applicant), any person aggrieved by the Order, any
abutter, ten residents of the city or town in which the work is proposed - or by
DEP itself.
Certain agricultural activities are exempt from review. Other agricultural activities
may be subject to special emergency provisions or require a permit. If the activity
is exempt, the project may be carried out without going through a permit
application and review process. However, the exemption must be carefully
understood. In the case of the Agriculture Exemption, farmers and regulators need
to know how the Exemption is defined and what conditions, if any, are attached to
particular exempt activities.
The Agriculture Exemption applies to "normal maintenance" and "normal
improvement" activities conducted on "land in agricultural use." What are the
meanings of "normal maintenance," "normal improvement." and "land in
Farming in Wetland Resource Areas (1/94)
1-9
Chapter One: Introduction
Wetlands Protection and Conservation Commissions
agricultural use"0 DEP, DFA, and the FAC spent many hours wrestling with these
questions; their answers are found in the 1993 Agriculture Regulations, which
define the phrases. (The full text of the Agriculture Regulations can be found in
Appendix B of this Guide.) Work that falls within the definitions is exempt; work
that does not fall within the definitions requires the tiling of a Notice of Intent.
The definitions are found in the Wetlands Protection Act Regulations at 310 CMR
10.04( Agriculture) - that is, under the heading "Agriculture" found in section 10.04
of Volume 310 of the Code of Massachusetts Regulations ("CMR").
The 1993 Agriculture Regulations contain two other important provisions besides
the revised definition of "normal maintenance and improvement of land in
agricultural use":
• An emergency provision for agriculture. The rules governing work to be done
in an emergency are different from the rules for ordinary situations. The
emergency provisions are found at 310 CMR 10.06(6).
A new "Conservation Plan limited project' provision for certain agricultural
water control structures. Work relating to these structures is not exempt
because that work is not defined as "normal maintenance or improvement."
Accordingly, a permit is required. But under the terms of the "limited project."
the Conservation Commission can issue a more lenient Order of Conditions
than usual. The new Conservation Plan limited project is found at 310 CMR
10.53(5)
The Local
Conservation
Commission
Massachusetts communities were given the authority to establish Conservation
Commissions with the passage of the Conservation Commission Act
(Massachusetts General Laws Chapter 40. Sect. on 8C) in 195".
Today, every city and town has a Commission of three to seven members
appointed by the selectmen or mayor. All Commissioners are volunteers who
contribute long hours to their communities. Farmers are members of some
Commissions. Nearly one half of the boards have some staff support, which can
range from a part-time secretary to a full-time professional administrator.
Through the Conservation Commission Act. Commissions are charged with "the
promotion and development of natural resources and the protection of watershed
resources." Natural resources are important to the public health and welfare as
well as for their intrinsic value. Watershed protection is essential to provide an
abundance of clean water and to protect plant and animal habitat. The
"development" or alteration of some resources may occur to provide other public
benefits, such as production of food and fiber. Such activities can be valuable and
appropriate when protection of natural resources and watersheds is assured.
Conservation Commissions acquire and manage open space, prepare Open Space
Plans, promote water quality protection strategies, and often are involved in
planning issues that focus on open space and resource protection
Conservation Commissions work to protect farmland for its open space *nd vista
value as well as to preserve an agricultural base in their communities.
Commissions may arrange for farmers to work some municipal conservation land -
often in exchange for mowing the rest of a field or other services. In addition.
Commissions encourage landowners to participate in government programs aimed
at keeping their land in agriculture. In some cases, communities help to purchase
development rights.
1-10
Farming in Wetland Resource Areas (1/94)
Chapter One: Introduction
Wetlands Protection and Conservation Commissions
More than 20 years ago, Conservation Commissions were given the additional
responsibility of administering and enforcing the Massachusetts Wetlands
Protection Act. Over one third of Massachusetts communities also have local
wetlands protection bylaws, which are administered by the Conservation
Commission. It is important to note that activities that are exempt under the
Wetlands Protection Act may not be exempt under a local bylaw. Both fanners
and Commissions should check these local bylaw provisions.
OJocdfcd •5u)av*!f
Farming in Wetland Resource Areas (1/94)
1-1 1
Chapter One: Introduction
Understanding Agriculture in Massachusetts
Understanding Agriculture in Massachusetts
Farming, fishing, and forestry are "primary" industries. Primary industries require
and depend on natural resources such as vegetation, water, and soil. They must
manipulate these natural resources to be productive. The challenge to these
industries is to sustain the natural resource base through management that avoids,
minimizes, and mitigates damage to wetlands, water quality, and wildlife habitat.
Over the past few years, fundamental changes in agriculture have begun to reshape
farm practices, increasingly making them more environmentally responsible.
Reduced use of pesticides and fertilizers, alternative pest management strategies,
conservation tillage, and composting are examples of practices that reduce negative
environmental impacts. Fundamental changes in farm policy and technology have
shifted the thinking of farmers and agricultural professionals about best
management practices.
In Massachusetts, it no longer is acceptable to drain or fill wetlands to create new
farmland. An increasing number of farmers now carefully consider applications of
chemicals, off-site and groundwater impacts of certain farming practices, and the
long-term impacts of soil and water-management strategies. Many of these changes
create benefits not only on the farm but for the community as a whole. While
some new practices create savings (for example, by reducing purchases of
fertilizers and pesticides), many others place new economic burdens on farmers
and require flexibility and adaptability to change.
Nonetheless, farming practices and approaches vary widely and an acceptable
definition of "normal" has been difficult to achieve. In some cases, what has been
accepted as normal may not be a "best management practice." Examples include
unrestricted livestt ck watering from natural water bodies or spreading manure on
frozen ground In some cases, ormal practices - such as clearing vegetated field
drainage swales - may have adverse impacts on an area under Wetlands Protection
Act jurisdiction.
Because Massachusetts farms often are located in close proximity to wetlands and
waterways, farming may have a significant effect on these resource areas. For
example, moist, rich "bottom land" (which sometimes falls under Wetlands
Protection Act jurisdiction) is of significant value to a farmer. Some years it may
be too wet to farm; in dry years it may be the best c only productive field.
Cranberry production takes place predominantly in wetlands. Wetlands that are
farmed still are under Wetlands Protection Act jurisdiction and still provide some
wetlands functions.
Aquaculture enterprises take place in fresh or salt water bodies. These enterprises
rely entirely on ponds, tidal areas, or bogs, as well as surrounding hydrology, to
produce a crop. The irregular New England glacial topography has created a wide
variety of soils, sloped terrains, frequent pockets of high water table, complex
drainage, and extensive floodplains. Massachusetts farms must operate within these
constraints.
Farmers view their farms as whole systems. A farm is both a business and a
complex unit in whicl. all components relate to one another. "Whole farm"
planning is encouraged so that nutrient cycling, enhancement of beneficial birds
and insects, control of pests, control of off-site impacts, monitoring of water
quality, and rotation of crops all are viewed as part of a single resource
management system. This integrated-systems approach is being promoted by
providers of technical assistance and in recently-introduced legislation at the
1-12
Farming in Wetland Resource Areas (1/94)
Chapter One: Introduction
Understanding Agriculture in Massachusetts
Massachusetts
Farming is
Diverse
Functions
Served by
Farming
federal level. Often, however, regulation takes an approach that requires
categorizing and segmenting.
Farming in Massachusetts is diverse. Compared to the com, soy beans, and
livestock of the Midwest, the 6,000 farms in Massachusetts produce (for example)
dairy products, vegetables, nursery crops, livestock, herbs, cut flowers, hay, garlic,
trout, maple sugar, cranberries, small and orchard fruits, eggs, honey, cordwood
and other forest products, and quahogs. There are farmers who grow
hydroponically and many who grow organically; farmers who sell wholesale,
retail, through farmer's markets, farmstands, subscription farms, and/or mail order.
Such diversity is essential to a thriving agricultural economy. Massachusetts
farmers constantly seek new products, new markets, new niches in the
marketplace That means change on the farm is normal. Innovation is to be
expected and encouraged, in terms of both products and practices. Currently, many
farms are in the process of diversifying. Some are converting to new crops, often
intensifying their management and production. Further, many farmers are involved
in agricultural production part-time, holding off-farm and seasonal jobs. A viable
Massachusetts farm may be 2 acres or 200 acres, in each case with a productive
and intricately-managed system. These farms contribute a total of $2 billion to the
Massachusetts economy and generate thousands of jobs.
Yet. as in the rest of New England, the Massachusetts farm sector is struggling. In
the face of high land costs, development pressures, nuisance complaints, and rising
production costs, it is increasingly difficult for Massachusetts farmers to remain
profitable. New England loses 80.000 acres of farmland annually by conversion to
non-farm uses
W. ssachusetts agriculture serves the public interest in sevt il important ways, just
as wetlands and water resources serve the ; uolic interest in the important ways
previously described. Agriculture supplies the Commonwealth with the:
Productive function. Most importantly, farms provide food, fiber, and other
commodities for local and regional consumption.
• Economic function. Farmers generate critical economic activity in the on-
farm. inputs, and value-added sectors. They contribute to the vitality of the
rural economy and lower the cost of community services with a low per-acre
demand on undeveloped land.
• Cultural function. Farms provide a rich historic and cultural heritage.
• Amenity function. Farms maintain open space and scenic landscapes.
Habitat function. The open, natural, and edge areas provided by farms
contribute to habitat diversity.
• Recreation function. Farmland often is available for hunting, skiing, and
other activities.
Massachusetts farmers make a valuable contribution to the Commonwealth. At the
same time, as stewards of the land they have a responsibility to conserve resources
and employ farming practices that avoid, minimize, and mitigate harm to the
natural resource base. Wetlands regulators in turn have a responsibility to
implement a resource protection law that recognizes the natural resource
requirements of farming.
Farming in Wetland Resource Areas (1/94)
1-13
Chapter One: Introduction
What You Can Do
What You Can Do
Ensuring that these regulations are implemented in the best way possible will
require active attention, patience, and a willingness to learn on the part of all
concerned. Below are some suggestions that can help Conservation Commissioners
and farmers alike work with the Wetlands Protection Regulations and one another.
Conservation
Commissioners
Become familiar with the farms and fanners in your community.
Remember that some farmers may not be informed about wetlands values and
the Wetlands Protection Act.
Offer a tour of some sites and explain the important wetlands values.
Designate one Conservation Commission member as your "agriculture
specialist."
Encourage members to be conversant with the agriculture provisions of the
Wetlands Protection Act.
Invite your county's District Conservationist (DC) from the United States Soil
Conservation Service (SCS) to a Conservation Commission meeting to discuss
farm' planning and SCS technical assistance.
Remember that the farmer who undertakes a project may not be the
landowner. Both the farmer and the landowner may need to be involved in the
planning and permitting processes.
Locate a farmer, with the help of your DC, who might be. interested in hosting
a farm tour or becoming a "host farm" for ongoing education.
Use a problem solving rather than a confrontational approach.
Communicate and work with your DC on changes to conservation plans for
both permitted and exempt projects.
Re-evaluate local bylaws in light of the newly-adopted Wetlands Protection
regulations concerning agriculture
Maximize opportunities to educate and be educated about farming and
wetlands.
Co-host a worKshop with a local or county farm grour
Make wetlands and other environmental materials and publications available
to farmers and agricultural agency personnel.
Participate in "scoping meetings" on site with the farmer and SCS.
Contribute information and data to the Monitoring Committee that DEP and
DFA are forming to study real-world experiences, in order to shape any
revisions to the regulations.
Farmers
Familiarize yourself with the purpose of the Wetlands Protection Act and the
agriculture provisions in the regulations.
Introduce yourself to your Conservation Commission and attend some of its
meetings.
Volunteer to serve on your Conservation Commission.
Use a problem solving rather than a confrontational approach.
Meet with your Conservation Commission io better understand local
conditions and sensitive resources, and pursue farm practices that protect
them.
Offer a farm tour.
Be a host farm or woodlot site for one or more educational visits.
Visit the Conservation Commission office and borrow materials of interest
Discuss wetland resource values and management practices that protect those
values with your friends.
Remember that Conservation Commission membership changes; acquaint
yourself with new members.
Pass along farm-related materials and publications.
Inform your Conservation Commission about new projects and changes on
1-14
Farming in Wetland Resource Areas (1/94)
Chapter One: Introduction
What You Can Do
your farm; engage the Commission early in the process.
Develop a conservation plan for your farm and seek SCS or other technical
guidance for crop and resource management strategies that minimize negative
impacts.
Contribute information and data to the Monitoring Committee that DEP and
DFA are forming to study real-world experiences, in order to help shape any
revisions to the regulations.
Farming in Wetland Resource Areas (1/94)
1-15
Chapter Two: Working with the Regulations
Approaching the Exemption
Chapter Two: Working with the Regulations
Approaching the
Exemption
Agriculture
Components of the
Exemption
The intent of the revised Wetlands Protection Regulations is to clarify the
Agriculture Exemption to the Wetlands Protection Act. The Agriculture Exemption
itself is contained in the statute. The language of the statute (clause 18 of
Massachusetts General Laws Chapter 131, Section 40) exempts "work performed
for the normal maintenance or improvement of land in agricultural or aquacultural
use." The definitions section of the Wetlands Protection Regulations [at 310 CMR
10.04( Agriculture')] gives a detailed explanation of the exemption by defining
Agriculture.
The revised definitions are longer and more detailed than the definitions they
replaced. They give more examples of activities and clarify certain terms. In
certain situations, defining what is "normal" or what is "land in agricultural or
aquacultural use" is determined by referring to certain parameters such as
"reasonable" size or distance limitations.
To work with the Agriculture Exemption, it is essential to understand:
First, the components of the exemption.
• Second, the conditions that are attached to the components of the exemption.
The components of the exemption for "work performed for normal maintenance or
improvement of land in agricultural or aquacultural use" are:
a. Work ("activity").
b. Normal
c. Maintenance,
d Improvement.
e. Land in agricultural use.
Work
Normal
It is the work, or the activity, that is exempt, not the land.
Even though a piece of land is in agricultural use, a particular activity may not
necessarily qualify for the exemption. In other words, not all activities are exempt
simply because they take place on a farm.
The work or activity must be considered "normal.'*
Some normal practices are listed in the Agriculture Regulations, but they do not
list aJJ of the activities that are considered normal. Descriptions of many normal
practices appear later in this Guide (see Chapter Four). In evaluating whether an
activity is normal, Conservation Commissioners and farmers should consider the
following:
A "normal" practice may not always be considered a "best practice." For
example, some farmers apply manure on their fields when the ground is
frozen. This may cause nutrient runoff, but it is exempt because it is
considered "normal."
• Normal practices don't necessarily look nice. For example, placement of slash
is a normal practice that, to some, appears messy and disruptive.
Farming in Wetland Resource Areas (1/94)
2-1
Chapter Two: Working with the Regulations
Approaching the Exemption
Maintenance
A normal practice may cause impacts to resource areas For example, clearing
agricultural drainage swales every so often is a necessary practice, even
though wetlands vegetation may be present. Or an unimproved livestock
watering access may disturb the bank of a stream.
To be normal, a practice must fit the scale and the scope of an operation.
Thus, it is not normal to dig a 10,000 square foot livestock pond to provide
for only 15 cattle.
• What is normal may involve change. It may be normal to change
commodities, erect or modify farm structures, replace fencing, or introduce
irrigation. It may be normal to modify practices and to adopt new
technologies and innovations.
Keep in mind, however, that the Wetlands Protection Regulations may place limits
on such changes.
Maintenance activities involve practices that keep existing operations in good
working order
Examples of "maintenance" include all aspects of crop management, management
of related water bodies, and repairs to existing farm structures, access roads and
ways, and fencing Maintenance will not necessarily happen often. Sanding of
cranberry bogs routinely happens every 3 to 5 years and repair or restoration of
subsurface drainage may happen every 10 years; still, they are considered to be
normal maintenance.
Maintenance activities must be necessary and directly related to the production or
raising of agricultural or aquacultural commodities. Building a farm stand ^r a
produce-packaging facility in a wetland resource area therefore generally wuulu
not be exempt. Also, the size and scale of maintenance activities must be
appropriate to the farm enterprise.
Improvement activities involve change
Improvements may enhance growing conditions, involve construction, or require
the use of equipment in resource areas or a buffer zone. Examples include:
creating a windbreak to reduce soil loss; building a by-pass channel/canal to
improve water quality in a cranberry system; digging a manure pit to prevent
leaching; or establishing an irrigation system.
Improvements might be innovative, such as adopting rotational grazing, a practice
that involves changes in fencing and pasture seeding Intensifying production,
diversifying crops, and adding livestock are examples of improvement strategies
typically used by competitive Massachusetts farmers.
An improvement to one area may trigger a change in the use of a related area. For
example, if a farmer converts from dairy to vegetable production, it would be
considered a normal improvement not only to convert suitable pasture or field com
land to row crops, but also to adapt a livestock watering facility to irrigation and
to set up greenhouses or cold frames in a former barnyard.
As with maintenance activities, improvement activities must be necessary and
directly related to the production or raising of agricultural or aquacultural
commodities. Building a farm stand or a produce-packaging facility therefore
would not be exempt. Also, the size and scale of improvement activities must be
Improvement
Farming in Wetland Resource Areas (1/94)
Chapter Two: Working with the Regulations
Approaching the Exerrstion
Land In Agricultural
Use (LIAU)
Active vs.
Inactive Land
appropriate to the farm enterprise.
To qualify for the Agriculture Exemption, land roust be in agricultural use.
The Agriculture Regulations are quite specific about what constitutes land in
agricultural or aquacultural use: the exemption applies only to those land areas
within the farm gate that presently and primarily are in production or that
customarily and necessarily are related to production.
Thus, bringing abandoned land back into production (see discussion below),
opening new land to farming (enlarging a farm enterprise into previously unaltered
resource areas), or creating new access roads and ways or work areas are not
exempt activities because the land in question is not presently and primarily in or
related to production.
(Certain improvement activities are an exception to the rule just stated, that land
must be "presently and primarily in production" or "customarily and necessarily
related to production" to qualify for the Agriculture Exemption. These activities -
the squaring off of field edges and the creation of certain water control structures -
are described later in this Guide. Otherwise, it is NOT considered exempt to
convert so-called related land to cropland.)
The Agriculture Regulations also stipulate that, to be exempt, land must be used in
producing or raising agricultural commodities for commercial purposes. The
definition of "commercial" is discussed below (see page 2-4).
Although the land must be "presently and primarily" in agricultural use, the
definition allows it to be "inactive" for up to 5 consecutive years without losing
exempt status - or longer, if the land is inactive as part of a USDA contract
pursuant to the Conservation Reserves Program. For example, a field or pasture
may be out of use temporarily because of changes in enterprise, a financial
situation, or as a strategy to manage weeds or fertility: still, it is considered land
in agricultural use for up to five years. Land that currently is inactive as part of an
active rotation is considered land in agricultural use. And a field that is fallow -
that is, plowed but unseeded - is not considered inactive.
Land under the jurisdiction of the Wetlands Protection Act that has been out of
production for longer than five years (without being under USDA contract) is
considered new land. Farming activities proposed for such areas are not exempt
and therefore require a permit (an Order of Conditions) under the Wetlands
Protection Act. Thus, a pasture that has not been grazed or managed at all during
the past five years is not considered land in agricultural use, even though fencing
still surrounds it.
It is proper for a Conservation Commission or DEP to require documentation of
the extent and the timing of agricultural use. Such proof could be aerial
photography, a USDA farm plan, hay receipts, or ASCS cropping records.
Land in
Production
"Land in Production" is one kind of land in agricultural use as defined by the
Agriculture Regulations. It is that portion of the farm presently aad primarily used
to produce or raise agricultural commodities for commercial purposes. A field of
com. a fenced pasture of grazing sheep, an orchard, a chicken yard, a pick-your-
own strawberry patch - all of these are clear examples. The area of a forest under
active management also is considered productive land.
Farming in Wetland Resource Areas (1/94)
2-3
Chapter Two: Working with the Regulations
Approaching the Exemption
Necessary and
Related Land
"Necessary and related land" is the other kind of land in agricultural use as
defined by the Agriculture Regulations. It is the portion of the farm that is
"presently and primarily used in a manner related to, and customarily and
necessarily used in, producing agricultural commodities " These are areas of the
farm that are not productive cropland but that are essential to the operation of the
farm because they support existing land in production. Examples include:
existing access roads and ways; composting areas; barns and sheds; fire ponds;
livestock crossings; woodlot landings; and field edges
Related land also includes those areas where water management activities take
place, such as: pond inlets and outlets; accesses; field surface and subsurface
drainage systems, including pipes and outlets; pumphouses; and permanent or
temporary culverts.
Related areas may be used continually, such as an access to a field; seasonally,
such as the area set aside for the burning of orchard prunings; or infrequently,
such as a sand pit for cranberry bog sanding All of these areas are integral and
necessary components of active enterprises.
Definition of
Commercial
Examples
According to the definition of "land in agricultural use" ai 310 CMR
10.04(Agriculture)(a). the land in question must be used to produce or raise certain
agricultural commodities "for commercial purposes." Wh3t distinguishes
commercial purposes from non-commercial purposes0
The American Heritage Dictionary (Second College Edition. 1085). gives the
following relevant definitions:
"l.a.Of or pertaining to commerce." ["Commerce." m turn, is defined as "The
buying and selling of goods."]
"3. Having profit as a chief aim."
Using these definitions, a "commercial purpose" can be characterized by two key
elements: first, the activity of selling; and second, the goal of making a profit It
is not enough to have one without the other - both elements must be present.
Whether they are present must be determined on a case-by-case basis.
It is not possible to give an exhaustive list of examples that will cover every
question that might arise about the meaning of the word "commercial." The
following examples, therefore, are meant as illustrations only:
Q For many years, Ms. Smith has grown strawberries on her property. A portion
of the crop grows in the 100-foot buffer zone to a resource area under the
Wetlands Protection Act. Ms. Smith consumes some of the strawberries
herself. Some she gives away fresh to friends and relatives. The rest she turns
into preserves; she uses some of the preserves herself and, again, she gives
the rest away. May she perform "normal maintenance" or "normal
improvement" activities, such as spreading compost, without filing with the
Conservation Commission0
A The answer is no. The land is not "in agricultural use" as defined in the
Agriculture Regulations. Ms. Smith is not selling the strawberries. She
has no goal of making a profit.
2-4
Farming in Wetland Resource Areas (1/94)
Chapter Two: Working with the Regulations
Approaching the Exemption
Examples
Q For many years, Mr. Jones has grown strawberries on his property. A portion
of the crop grows in the 100-foot buffer zone to a resource area under the
Wetlands Protection Act. Mr. Jones consumes some of the strawberries
himself. The rest he sells on weekends from his front porch to help cover his
costs for fertilizer, water, and the like. May he perform "normal maintenance"
or "normal improvement" activities, such as spreading compost, without filing
with the Conservation Commission?
Summary
A The answer is no. The land is not "in agricultural use" as defined in the
Agriculture Regulations. Mr. Jones is selling his strawberries, but he has
no goal or expectation of making a profit. Note that whether or not he
makes a profit is noj the issue - rather, whether or not he has "profit as a
chief aim" is the issue.
Q Mrs. Green runs a stable. Her customers board their horses there. The
customers take the horses for rides on Mrs. Green's property. Some of the
horse trails pass through wetlands and Mrs. Green clears the trails to keep
them open. She also raises and harvests hay, partly in wetlands resource areas
and buffer zones, which she feeds to the horses. The customers are charged
for the hay that Mrs. Green provides. Is Mrs. Green's land in agricultural use?
A The answer is yes and no. Yes, the land where hay is raised and
harvested is in agricultural use. The hay is an agricultural commodity that
is sold by Mrs. Green as part of her for-profit activity in running the
stable. She could just as well sell the hay to a feed business and require
her customers to supply their own hay; instead, she has cut out the middle
man. That does not affect the commercial nature of the activity.
However, the riding paths are not in agricultural use. Operating a stable is
not commercial agriculture because no commodity grown on the premises
is sold. The services associated with the stable - boarding, grooming, and
feeding the horses - do not constitute raising an agricultural commodity. It
would be different if Mrs. Green bred horses for sale. Merely keeping
them on the premises, however, does not qualify the land used in that
business for the exemption.
It is important to remember the significance of these activities not qualifying for
the Agriculture Exemption. It does not mean that the landowner may not grow
strawberries or operate a stable. It does mean that before the landowner takes
actions that would remove, fill, dredge, or alter a wetland resource area or alter a
Buffer Zone, he or she must file a Notice of Intent and receive an Order of
Conditions.
To summarize., the exemption fc- normal maintenance or improvement of land in
agricultural use must meet the following tests:
• It is the work, or activity, that is exempt, and not the land itself.
The activity must be co.i;idered normal.
• The activity must be considered maintenance Q_R
the activity must be considered improvement; AND
• The activity must occur on land in agricultural or aquacultural use.
Farming in Wetland Resource Areas (1/94)
2-5
Chapter Two: Working with the Regulations
Approaching the Exemption
If all of these conditions are met, the activity can qualify for the Agriculture
Exemption. Before the farmer may proceed with the exempt activity, however,
certain conditions must be met.
Conditions
Even though an activity is considered "exempt." there are conditions that must be
satisfied in order to exercise the Agriculture Exemption. Farmers and Conservation
Commissioners need to understand these conditions, which can be classified as
either "general" or "specific."
General conditions
The following general conditions apply every time the Agriculture Exemption is
exercised:
All maintenance or improvement activities shall be "undertaken in such a
manner as to prevent erosion and siltation of adjacent water bodies and
wetlands." This condition is contained in the introductory paragraph to 310
CMR 10. 04( Agriculture )(b) and in 310 CMR 1 0.04( Agriculture )j c )( 1 ).
Filling or dredging of a salt marsh is prohibited under all circumstances. This
condition is contained in the introductory paragraphs to both 310 CMR
10.04(Agnculture)(b) and 310 CMR 10.04( Agriculture )(ci.
• All maintenance and improvement activities must be "conducted in accordance
with federal and state laws." This condition is contained in the introductory
paragraph to 310 CMR 10.04( Agriculture Kb) and in 310 CMR
10 04(Agnculture)(c)( 1 ). Examples of laws that might be relevant are those
dealing with pesticide application, fuel storage, and composting.
Specific conditions
There also are specific conditions that appear in particular sections of the
Agriculture Regulations. These have to do with:
Limitations on size.
Limitations on location.
Limitations on loss of flood storage capacity.
Particular prohibitions on storage sites for fertiliser and pesticides.
Protection for rare species habitat.
Requirements for conservation plans approved by SCS (see page 2-10 of this
Guide).
The forestry provisions of the Agriculture Regulations have additional conditions
that refer to other laws and regulations, as well as to specific forestry practices.
2-6
Farming in Wetland Resource Areas (1/94)
Chapter Two: Working with the Regulations
Selected Exempt Activities
Selected Exempt Activities
Field Edges
[See 310 CMR 10.04(AgricultureUb)(5).]
"The management of existing field edges" is one of the exempt activities that is
allowed because it is defined as "normal maintenance of land in agricultural use."
What is a "field edge" and how does one manage it? Here are the key points to
keep in mind 'assuming, of course, that the proposed activity in fact is to occur on
"land in agricultural use"):
a. A managed field edge is a zone surrounding the land in production. Under the
Agriculture Regulations, certain activities may occur in this zone in keeping
with the Agriculture Exemption.
b. A managed field edge is different from the boundary of a field. The
boundary of a field (the land in production) is a line that marks where the
field (which may be squared off - see discussion below) ends and the land
outside of the field begins. By contrast, the field edge is not a line but an
area.
c. One purpose of managing a field edge is to maneuver equipment around the
land in production: for example, to drive tractors around the perimeter of the
field without crossing over furrows or planted crops. A field edge may be
used temporarily to park equipment being used in the field. Also, the field
edge is an area where trees that provide unwanted shade can be cleared or
where vegetation that may harbor pests (called "alternate hosts") can be
removed
A field edge must be "existing," meaning that it rr . surround the land that
already is in production. If new land is put into production, the creation of
that use and of any field edge to support it would require the filing of a
Notice of Intent.
e. The maximum extent of the managed field edge is "100 feet from the land in
production." If the management of a field edge at a given time extends less
than 100 feet from the land in production, the farmer may extend it to the full
100 feet without filing a Notice of Intent (provided all the conditions of the
Agriculture Regulations are satisfied). For example, management activities
might change to accommodate the requirements of a new commodity or new
machinery. To go beyond the 100 feet, a Notice of Intent is required.
f. The Agriculture Regulations set out specific practices associated with the
management of field edges: mowing, burning, brush cutting, and removing
trees. However, the Agriculture Regulations are not limited to these activities.
Any other activities that are claimed as "management of field edges" must be
consistent with the purposes of field edges described in Point (c), above.
g. The Agriculture Regulations specifically state that "the management of any
field edge that falls within a Bordering Vegetated Wetland is not intended to
allow the conversion of Bordering Vegetated Wetland into cropland." In other
words, clearing trees and other vegetation to reduce shading, control pests,
and provide better access for tractors does not open the door to expanding the
land in production. The field edge must remain a field edge and may not be
the cause of creeping expansion of exempt activities.
Farming in Wetland Resource Areas (1/94)
2-7
Chapter Two: Working with the Regulations
Selected Exempt Activities
Squaring Off a
"Field Boundary'
Substantial Fill
[See 10.04(AgncultureHc)(l)(d).]
"The squaring off of fields and bogs" is one of (he exempt activities that is
allowed because it is "normal improvement of Sand in agricultural use." What is
"the squaring off of fields and bogs" and what limitations apply?
Here are the key points to keep in mind:
a. This is not the same as management of field edges. As noted in the discussion
above, a field edge is a managed area extending to a maximum of 100 feet
around the land in production. By contrast, squaring off refers to straightening
out a line marking the limits of the land in production. In other words, the
fanner is allowed to take an irregular or jagged boundary and make it regular
or straight.
b. The purpose of this activity is to make management of the land in production
easier. For example, it is much less difficult to operate a plow up and down
the length of a field when the boundaries of the land in production are regular.
Older fields and cranberry bogs may have been shaped irregularly and newer
equipment cannot operate in those areas
c. When squaring off fields and bogs, any alteration of a Bordering Vegetated
Wetland requires the filing of a permit application - a Notice of Intent.
d. The purpose of this activity is not to increase the amount of land in
production Rather, the alterations allowed under the Agriculture Regulations
must be the smallest amount re? onably necessary to square off the field, that
is, to make ie boundaries of the land in production regular and even.
Therefore, some square footage that was outside the land in production will
come into production, but it must be reasonably minimized.
e. When squaring off fields and bogs, no fill may be placed within Bordering
Land Subject to Flooding. In other words, this activity cannot result in the
loss of flood storage capacity.
[See 10.04(Agnculture)(b).]
In carrying out activities that are exempt because they meet the definition of
"normal maintenance," there is a condition in all cases that prohibits "placing
substantial amounts of fill in Bordering Land Subject to Flooding" (BLSF). How
much fill constitutes "substantial" fill0
Substantial is a difficult word to pin down. Dictionary definitions do not provide
any useful guidance. Therefore, it is necessary to ask the purpose of the condition
Clearly, it is not the intention of the Agriculture Regulations to prohibit filling of
BLSF outright; if that were the intention, they would not include the word
substantial. Why is it that some amount of filling of BLSF is allowed, but some
larger amount of filling is not?
BLSF is regulated under the Wetlands Protection Act because of its ability to store
flood waters. Filling such land reduces the amount of flood storage available,
increasing the likelihood of storm or flood damage elsewhere. Adding a teaspoon
of fill to BLSF will not cause flood waters to flow elsewhere. A substantial
amount of fill, however, will have thai result
2-8
Farming in Wetland Resource Areas (1/94)
Chapter Two: Working with the Regulations
Selected Exempt Activities
Accordingly, filling becomes substantial when the amount of fill is enough to
reduce the storage capacity of the BLSF. This can be determined by engineering
calculations as well as by experience and common sense.
Even with this explanation, deciding whether or not fill is substantial will not be a
science: for this reason, farmers are encouraged to seek a Determination of
Applicability (see page 2-15 of this Guide) from their Conservation
Commission before placing fill in Bordering Land Subject to Flooding.
The 4,000 S.F.
Limit for
Construction of
Farm Structures
[See 10.04( Agriculture )(c>fn(c).]
"The construction of farm structures, not including habitable dwellings," falls
within the Agriculture Exemption because it is "normal improvement of land in
agricultural use." The Agriculture Regulations impose a limitation on this activity:
the footprint of the new farm structure may not exceed 4,000 square feet. Which
of the foNowing interpretations of the regulation is correct'7
a The 4.000 s.f. limit is applied cumulatively, allowing one or more structures
to be built so long as the combined area of the footprints stays under the
limit.
b. Multiple structures can be built and there is no limit to the combined area of
the footprints, so long as the footprint of each structure is under 4,000 s.f.
A careful reading of the Wetlands Protection Regulations indicates that the correct
answer is b.: there is no cumulative limit so long as each structure's footprint is
less than 4.000 s.f The Agriculture Regulations allow "the construction of farm
structures" (note the plural) "provided tha^ 'he footprint" (note the singular) "of the
farm structure" (note again *' singular) "does not exceed 4,000 square feet." In
other words, "structures" - more than one structure - are allowed, provided that
each individual structure meets the limit. There is no attempt to impose a
cumulative limit.
Of course, each farm structure must meet not only the 4,000 s.f. limit. It also must
meet the general standards applied to all "normal improvement" activities: it must
be directly related to production or raising of an agricultural commodity - for
example, erecting a farm stand would not qualify; construction must be undertaken
so as to prevent erosion and siltation of adjacent water bodies and wetlands; and
all state and federal laws must be obeyed.
Does the 4,000 s.f. limit on building footprints apply to composting and storage
areas? At first glance, that might seem to be the case because "the construction of
composting and storage areas" - with no stated limit on building footprints - is
listed as another "normal improvement" activity at 310 CMR
10.04( Agriculture He )( 1 Kh). However, such an interpretation would have the
practical effect of deleting the condition in 310 CMR 10.04( Agriculture )(c)(l)(c)
If composting or storage is to be done on the ground without construction of a
building, then no square foot limits apply. On the other hand, if compost or other
farm materials are to be kept i<j a building, *hjn the building is a "farm structure"
subject to a footprint limitation of 4,000 square feet.
Farming in Wetland Resource Areas (1/94)
2-9
Chapter Two: Working with the Regulations
Agriculture Exemption and Conservation Plans
The Agriculture Exemption and Conservation Plans
Overview
As noted in an earlier section (see page 2-6 of this Guide), some agricultural
activities are exempt without the need to comply with any specific conditions.
Other activities are exempt only if the> comply with specific conditions. Certain
improvement activities - having to do with water management projects - are
noteworthy because they are not exempt unless the activity is part of a farm
Conservation Plan (CP) that has been approved by SCS and submitted to the
Conservation Commission for review and comment.
The SCS Conservation Plan process is employed in a second place in t'<e
Agriculture Regulations. In the case of the exemption described in the preceding
paragraph, there are limits on the number of square feet of Bordering Vegetated
Wetlands (BVW) that can be altered. In the second case, these limits are higher -
but the activities no longer qualify as exempt. Instead, the Agriculture Regulations
provide for a special kind of Wetlands permit known as a "Conservation Plan
limited project." This Conservation Plan limited project is available only if- once
again - a process employing an SCS Conservation Plan is followed.
The following sections will describe the use of Conservation Plans under the
Agriculture Regulations; the special conditions for exempt projects that employ a
CP. and the so-called Conservation Plan limited project that relies on the CP. See
also in this Guide Chapter Three, Appendix E. and Appendix F for more
information about SCS and the Conservation Plan process.
Farmers,
Conservation
Commissions, and
Conservation
Plans
A Conservation Plan is likely to cover many activities that take place on many
portions of a farm - not just activities that relate to wetlands. There is no rule that
re , iire° fanners to consult with Conservation Commissions when preparing
Conservation Plans. Nonetheless, DEP, DF^ SCS, and everyone else connected
with the drafting of the Agriculture Regulations strongly urges farmers and
Conservation Commissions to work together in preparing those relevant portions of
the Conservation Plan.
Farmers are encouraged to contact the Conservation Commission at the very
beginning of the planning process. Asking to be placed on the agenda for an
informal discussion of the proposed project is a good first step. Inviting
Commission members to view the site, together with SCS personnel, can be
critical to the success of the process.
Commissioners are encouraged to attend on-site scoping meetings. Commissioners
can offer valuable assistance in delineating wetland boundaries and analyzing
wetland resource protection issues. The Commission's constructive input, combined
with the farmer's experience and knowledge of the project, can enhance everyone's
understanding of the issues and make a good CP into one that is excellent.
DEP and SCS have entered into a Memorandum of Understanding - or MOU -
concerning the role SCS will play under the Wetlands Protection Regulations. A
copy of the MOU can be found in Appendix C to this Guide.
Use of the Conservation rten is optional On the on" hand, a Painwr Ins the
choice of requesting technical assistance from SCS and the Conservation Districts
to prepare the CP. On the other hand, the farmer can forego use of the CP and
apply for permission to install the improvements through the normal Wetlands
Protection Act permit process; rather than relying on an exemption, the farmer will
have to file a Notice of Intent with the local Conservation Commission.
2-10
Farming in Wetland Resource Areas (1/94)
Chapter Two: Working with the Regulations
Agriculture Exemption and Conservation Plans
Exempt Water-
Management
Projects
Key Points
Certain water-management projects that occur partly or entirely within a Bordering
Vegetated Wetland (BVW) qualify as exempt "normal improvement" activities
when a CP has been approved by SCS and submitted to the Conservation
Commission for review and comment. The projects [with the amount of BVW that
may be altered, as listed at 310 CMR 1 0.04f Agriculture)(cU2 Vfl] are:
Reconstruction of existing dikes (up to 5,000 s.f.).
• Reconstruction and expansion of existing ponds and reservoirs (up to 10,000
s.f).
• Construction of tailwater recovery ponds (up to 10,000 s.f.).
• Construction of by-pass canals/channels (up to 5,000 s.f).
In each case, the dike, pond, reservoir, tailwater recovery pond, or by-pass
canal/channel must be "directly related to production or raising of the agricultural
commodities" described in the definition of "land in agricultural use" found at 310
CMR 10.04( Agriculture )(a).
If a farmer wants to carry out one of these water-management projects as an
exempt activity - that is, without filing a Notice of Intent with the Conservation
Commission - a Conservation Plan is required. This is a new and unique approach
for the Wetlands Protection Regulations. In their work together creating the
Agriculture Regulations, DEP, DFA, and representatives of the agricultural and
environmental communities have agreed that these projects are "normal" (and
therefore exempt) if the improvements are made with the careful planning and
technical assistance that SCS provides as part of the CP process.
Here are the major points to keep in mind about using CPs for these exempt
activities:
• The.CP must be submitted to the Conservation Commission for its review at a
public meeting before the work is performed. Presently, there are no special
forms to be used - simply submit a copy of the plan by hand delivery or
certified mail. There is no filing fee. There is no requirement that DEP be
notified.
oo Note that the farmer does not need to submit the entire CP - only the
portion relating to the work that is claimed to be exempt. After all, a CP
may cover many activities taking place in a large area; not all of them
will affect wetlands.
The Conservation Commission may feel the CP was not prepared properly. In
that Case, it may put its objections in writing and give them to the farmer,
who must relay them to SCS.
Under Section 5(e) of the MOU between DEP and SCS, SCS agrees to honor
Conservation Commission objections to wetland boundary delineations. (If
there is a wetland boundary established by DEP through an appeal process,
however, SCS will use that "final" delineation instead.) Otherwise, SCS need
not modify the CP based on the Conservation Commission's comments,
although SCS will carefully consider all comments.
Chapter Two: Working with the Regulations
Agriculture Exemption and Conservation Plans
oo By submitting a CP to the Conservation Commission, the farmer is
inviting the Commission to visit the site for the purpose of evaluating the
wetland boundary delineation. The farmer and the Commission should
work together to establish a convenient time to conduct a site visit.
Non-Exempt
Water-
Management
Projects
If the farmer later revises the wetland boundary delineation used in the CP,
that revision must be submitted to the Conservation Commission. The
Commission then would have the opportunity to comment or object to SCS as
described above.
The farmer must carry out the improvement activity as described in the CP.
If a farmer cannot meet the square footage limitations described above for the
exempt water-management projects, the only way to perform these improvement
activities is to get a permit; that is, to file a Notice of Intent with the Conservation
Commission and receive an Order of Conditions allowing the work.
When a farmer wants to receive a permit for non-exempt water-management
projects, the Agriculture Regulations include a second use for Conservation Plans,
as described at 310 CMR 10.53(5). Under this regulation, the Conservation
Commission may allow higher limits on the amount of Bordering Vegetated
Wetland to be altered by issuing an Order of Conditions - or permit - for a
"Conservation Plan limited project."
The Conservation Commission must, except as described below, issue an Order of
Conditions for the following activities [with the amount of BVW that may be
altered, as listed at 310 CMR 10.53(5)(e)] under a Conservation Plan limited
project:
Reconstruction of existing dikes (up to 10,000 s.f).
Construction of new ponds or reservoirs (up to 20,000 s.f).
Expansion of existing ponds or reservoirs (up to 20,000 s.f).
Construction of tailwater recovery systems (up to 20,000 s.f).
Construction of by-pass canals/channels (up to 20,000 s.f).
Note that some of the project descriptions differ from those listed for exempt
water-management projects.
There are many limited projects in the Wetlands Protection Regulations, but this
one is unique. All other limited projects are granted at the discretion of the
Conservation Commission - if the Commission believes that it cannot impose
conditions that are adequate to protect the wetlands, then it can deny the
application. Here, by contrast, 'he Agriculture Regulations create a presumption
(only in 310 CMR 10.53(5)) in favor of the applicant: if there is a CP, then the
limited project should be approved as submitted. The burden is not on the farmer
to show that the project may safely proceed. Instead, the burden is on the
Commission to overcome the presumption.
!-12
Farming in Wetland Resource Areas (1/96)
■
Chapter Two: Working with the Regulations
Agriculture Exemption and Conservation Plans
What does the Commission need to do if it wants to overcome the presumption? It
must make a "clear showing" that one or more of the following is true:
The work described in the CP does not avoid impacts to wetland resource
areas.
The work described in the CP does not minimize impacts to wetland resource
areas when they are unavoidable.
• Construction specifications and mitigation measures contained in the CP do
not minimize impacts to wetland resource areas where impacts are
unavoidable.
• Construction specifications and mitigation measures contained in the CP do
not adequately protect the interests of the Wetlands Protection Act.
These showings are difficult to make when an SCS-certified Conservation Plan has
been prepared.
Even if the Conservation Commission does meet the burden of overcoming the
presumption, it still must try to impose conditions on the work that will "restore
the presumption " That is, the Conservation Commission must attempt to write
conditions that will result in avoiding and minimizing wetlands impacts and
protecting the interests of the Wetlands Protection Act. The Commission may deny
the application outright only if such conditions cannot be determined.
Here are other major points to keep in mind about the Conservation Plan limited
project:
When a farmer files a Notice of Intent for projects in this category, all
portions of the CP that relate to the limited project must be included. At a
minimum, the NO I must describe the:
oo Project.
oo Number of square feet of each type of resource area that will be altered.
oo Alternatives that were considered in order to avoid alterations of wetland
resource areas.
Under Section 5(e) of the MOU between DEP and SCS, SCS agrees to honor
Conservation Commission objections to wetland boundary delineations. (If
there is a wetland boundary established by DEP through an appeal process,
however. SCS will use that "final" delineation instead.) Otherwise, SCS need
not modify the CP based on the Conservation Commission's comments,
although SCS will carefully consider all comments.
The project may not have any adverse effect on specified habitat sites of rare
vertebrate or invertebrate species. There are procedures established under the
Wet'ands Protection Act (see 310 CMR 10.59) for identifying these impacts;
under its MOli with DEP, SCS is required to account for tnis factor in
preparing the CP.
• There shall not be any filling or dredging of a Salt Marsh.
Farming in Wetland Resource Areas (1/94)
2-13
Chapter Two: Working with the Regulations
Agriculture Exemption and Conservation Plans
Chart of Activities That May Require a'Conservation Plan
Note: BVW means Bordering Vegetated Wetland
LIAL means Land In Agricultural Lse.
BLSF means Bordering Land Subject to Flooding
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2-14
Farming in Wetland Resource Areas (1/94)
Chapter Two: Working with the Regulations
Determining Jurisdiction
Determining Jurisdiction
Requests for
Determination
Reasons for Filing
RDAs
A Request for Determination of Applicability (RDA) is a procedure established
under the Wetlands Protection Regulations at 310 CMR 10.05(3). It allows
applicants to find out if they need to file a permit application (Notice of Intent);
but applicants do not actually have to file the application to find out. Although it
is an optional procedure, it can be a useful tool for avoiding problems even if it
turns out that the proposed activity was exempt all along.
Why would a farmer want to exercise the option of filing an RDA? If a farmer is
not certain that the Agriculture Exemption applies, doing so might avoid
unintentional violations due to applying or understanding the regulations
incorrectly. It also could avoid possible confrontations with - and enforcement
actions by - the Conservation Commission.
A positive use of the RDA process is to establish a relationship of mutual
cooperation with the Conservation Commission by keeping it informed of
activities - even exempt activities - on the farm. And farmers can benefit from
non-binding suggestions by Conservation Commissions that would be good for the
environment and the farmer.
Determinations can be requested for the following purposes:
• To see if the land - or which parts of the land - where work is proposed is
subject to protection under the Wetlands Protection Act. This kind of a
Determination, in turn, falls into two categories:
oo Is the land a wetland resource area at all? If the land is not a wetland or
part of a buffer zone, no Notice of Intent is required.
oo Even if a wetland resource area is involved, is the land "in agricultural
use"0 If so, it may be exempt depending on the details of the proposed
activity.
To see if the proposed activity is subject to regulation under the Wetlands
Protection Act. Again, there are two categories for this kind of determination:
oo Will the work remove, fill, dredge, or alter a wetland resource area or
alter a Buffer Zone? If not, no Notice of Intent is required.
oo Even if there is a regulated impact on a wetland resource area, does the
proposed activity qualify as "normal maintenance and improvement"? If
so, and the land is found to be "in agricultural use," then the Agriculture
Exemption applies. In that case, no permit application would be required.
This analysis is summarized in the Table on page 2-18 of this Guide.
'n theory, requesting a Determination is a simple process. There is a short (2 page)
application form to complete and most of the questions are short and simple.
There is no filing fee. although some Commissions may require the applicant to
cover the cost of an optional public notice. The form is delivered (by hand or by
certified mail) to the Conservation Commission, which has 21 days to makes its
decision by issuing either:
Farming in Wetland Resource Areas (1/94)
2-15
Chapter Two: Working with the Regulations
Determining Jurisdiction
A positive Determination of Applicability, indicating that the area is subject
to protection under the Wetlands Protection Act and the activity is subject to
regulation under the Act. Therefore, the work may not proceed without the
filing of a Notice of Intent.
A negative Determination of Applicability, indicating that either the area is
not subject to protection under the Wetlands Protection Act or the activity is
not subject to regulation under the Act, or both. Therefore, the work may
proceed without the filing of a Notice of Intent.
In the case of an exempt agricultural activity, a negative Determination of
Applicability means that the proposed activity is not subject to review, provided
that all the general and special conditions (see page 2-6 of this Guide) of the
Agriculture Exemption are upheld.
Sometimes, Conservation Commissions attach conditions to a negative
Determination of Applicability. If conditions are attached to a negative
Determination in the case of an exempt activity, the conditions may be used to
describe the activity more fully in order to ensure consistency with the Agriculture
Regulations. However, such conditions would not typically be designed to
constrain an exempt activity and should not be used or seen as a tool to regulate.
A Conservation Commission cannot require a farmer to submit an RDA as a
condition of the farmer exercising the Agriculture Exemption, with the following
qualification. DEP does not take the position that an RDA must be filed for a
landowner to assert rights under an exemption to the Wetlands Protection Act.
However, Conservation Commissions (and DEP) are allowed to bring enforcement
actions against suspected violations of the Act. Improper use of the Agriculture
Exemption - asserting that the exemption applies when it does not - is just such a
violation. Commissions, as well as any member of the public, also ,. ay file an
RDA for a project that either is proposed or underway a? a means of establishing
with certainty the permitting requirements (if any) for siidi activity.
Further, Conservation Commissions and DEP do have the right to require proof
that land truly is exempt because it is "in agricultural use." 310 CMR
1 0.04( Agriculture )( a), in its final sentence, allows them to "require appropriate
documentation, such as a USDA Farm Plan or aerial photography, to demonstrate
agricultural use." If a legitimate question arises about exempt activities, refusal to
answer the question can lead to enforcement. Since a Conservation Commission is
less likely to suspect a violation when it has had a chance to review the proposed
work in advance, the best approach is to establish a cooperative and mutually
informative relationship between farmers and Conservation Commissions.
Filing an RDA puts on the record the status of the land as "in agricultural use"
and the nature of the proposed activity as "normal maintenance or improvement."
In that way, filing an RDA can be in a farmer's best interest.
2-16
Farming in Wetland Resource Areas (1/94)
Chapter Two: Working with the Regulations
Determining Jurisdiction
Delineating
Bordering
Vegetated
Wetlands on
Farms
Many provisions of the new regulations contain important limitations on the work
that can be done in a Bordering Vegetated Wetland (BVW). These provisions
include the following:
• 310 CMR 1 0.04f AgricultureVbX 1 ): exempt normal maintenance practices do
not include drainage in a BVW.
310 CMR 1 0.04( Agriculture¥b¥5): management of field edges as an exempt
normal maintenance practice does not include conversion of BVW into
cropland.
• 310 CMR 1 0.04f Agriculture¥c)f 1 )(d): squaring off of fields and bogs as an
exempt normal improvement practice does not include alteration of a BVW.
310 CMR 1 0.04(Agriculture)(c)fl )(f): changing commodities as an exempt
normal improvement practice does not include filling of BVW.
• 310 CMR 1 0.04f Agriculture )(c)(2)(a, d, and f): alteration of BVW is subject
to square-foot limits for exempt water-management projects done under a
Conservation Plan.
310 CMR 10.06(g)(2): storm debris may not be placed in a BVW following
an emergency.
• 310 CMR 10.06(g)(3): in developing an emergency agricultural water source,
impacts to BVW shall be minimized and in any case shall not exceed 2,000
square feet.
• 310 CMR 10.53(5)(e): alteration of BVW is subject to square-foot limits for
non-exempt water-management projects done under a Conservation Plan.
Ordinarily, DEP and Conservation Commissions use a standard methodology for
delineating wetland boundaries; and SCS personnel have received DEP training in
this methodology. Primarily, it relies on vegetation to address the matter of
boundary delineation - when certain plant species associated with wetlands
predominate, then a BVW is present. Indicators of wetland hydrology such as
hydric soils also can be used with vegetation to delineate the wetland boundary. If
a site has been disturbed, however, and the vegetation has been destroyed by
farming or other operations, how can the boundary of the BVW be determined?
The absence of wetlands vegetation on a disturbed site does not prevent the
delineation of a wetland boundary. If the disturbed site is part of a larger,
undisturbed wetland, or if there is other evidence (such as photos or maps) that the
site historically was or appeared to be a wetland, then criteria other than
vegetation can be employed. The key is to look for hydrologic conditions -
saturation or inundation of the soil - sufficient to support wetland plant species.
For example, standing water, groundwater near the surface, or the presence of
hydric soils all indicate conditions that would support a wetland plant community
if one were allowed to develop.
Farming in Wetland Resource Areas (1/96)
2-17
Chapter Two: Working with the Regulations
Determining Jurisdiction
Table for Determining Jurisdiction
Note: Under "Outcome,"
"Exempt" means the exemption applies and no Notice of Intent ("NOI") is required;
"No NOI" means there is no Wetlands Protection Act jurisdiction and no NOI is required; and
"File" means there is jurisdiction under the Wetlands Protection Act, the exemption does not apply, and
an NOI must be filed.
Note: Under "Is the Land in Ag Use?" and "Is it Normal Maintenance/Improvement?" it is assumed that no
exemptions other than the agricultural exemption apply.
Note: "Is the Work Subject to Regulation?" means "Is the work subject to regulation in the absence of any
claim of an exemption?"
Is the Land
Subject to
Protection?
Is the
Land in
Ag Use?
Is the Work
Subject to
Regulation?
Is it Normal
Maintenance/
Improvement?
Outcome
Yes
Yes
Yes
Yes
Exempt
No
No
No
No
No NOI
Yes .
Yes
Yes
No
File
Yes
Yes
No
Yes
No NOI
No
Yes
Yes
Yes
No NOI
Yes
Yes
No
No
No NOI
No
Yes
Yes
No
No NOI
Yes
No
Yes
Yes
File
Yes
No
Yes
No
File
No
Yes
No
Yes
No NOI
Yes
No
No
No
No NOI
No
Yes
No
No
No NOI
No
No
Yes
No
No NOI
2-18
Farming in Wetland Resource Areas (1/94)
Chapter Two: Working with the Regulations
Emergency Provision
The Emergency Provision [310 CMR 10.06(6)]
Specified Emergency
Activities
Written Notice Required
"Normal maintenance or improvement of land in agricultural use" is exempt from
the Wetlands Protection Act; such work may proceed without having to file a
permit application (Notice of Intent). Work that does not meet the definition of
normal maintenance or improvement of land in agricultural use still may not need
an NOI if it qualifies as an agricultural emergency.
The emergency provisions are found in a different section from most of the
regulations concerning the Agriculture Exemption. Unlike the definitions of
"normal maintenance or improvement of land in agricultural use," which are found
at 310 CMR 10.04( Agriculture), the emergency provisions are found at 310 CMR
10.06(6).
Only specified emergency activities are allowed under this section of the Wetlands
Protection Regulations. Each of these activities has detailed conditions. The
activities and their respective conditions are described at 310 CMR 10.06(g)(l
through 3). Note that some of the conditions include square footage limitations for
alterations of stream banks and alterations to Bordering Vegetated Wetlands. The
specified activities are:
Eliminating an imminent threat to land in agricultural use [310 CMR
10.06(6)0)].
Restoring land in agricultural use that has been damaged due to a storm or
other sudden, unforeseen event [310 CMR 10.06(6)(2)].
• Providing r emergency agricultural water source when the existing
agricultural water source suddenly and unforeseeably has been rendered
unusable or unavailable [310 CMR 10.06(6)(3)].
These categories have been worded carefully and each and every condition must
be met if the work is to qualify as an "agricultural emergency." For example, a
farmer might want to create an emergency agricultural water source because the
old source has dried up. But suppose that the old source had been drying up for
years, becoming progressively less productive. This work does not qualify as an
agricultural emergency because 310 CMR 10.06(6)(3) requires the existing water
source to become unavailable suddenly and unforeseeably. not gradually and
predictably.
If land in agricultural use has been damaged, it may be restored as an emergency
project if the damage was caused by a storm or other sudden, unforeseen event. It
is not possible to anticipate every sudden or unforeseen event here, but a flood can
stand as one example. Other examples might be a plane crash, a fuel or chemical
spill, or a fire.
Even though a Notice of Intent is not required for emergency activities, the farmer
still must give written notice of the work to the Conservation Commission and to
DEP. The regulations [at 310 CMR 10.06(6)(b)] specify the contents of the notice.
The farmer has three days from beginning the work to give this notice - or three
days from the end of the emergency, if that would be earlier. The Conservation
Commission may conduct a site visit to verify that there really is an emergency as
defined in the Agriculture Regulations.
Farming in Wetland Resource Areas (1/94)
2-19
Chapter Two: Working with the Regulations
Emergency Provision
Additionally:
If the emergency is caused by a storm, the work must begin within 30 days
after the storm event.
The work must be completed within 30 days after it has begun, unless the
Commissioner of DEP gives a written extension.
No work may take place within an estimated rare species habitat. These
habitat areas are shown on maps published by the Natural Heritage and
Endangered Species Program of the Massachusetts Department of Fisheries,
Wildlife, and Environmental Law Enforcement.
There shall not be any filling or dredging of a Salt Marsh.
2-20
Farming in Wetland Resource Areas (1/94)
Chapter Two: Working with the Regulations
Enforcement
Enforcement
Every Conservation Commission recognizes that enforcement is necessary and
crucial to effective administration of the Wetlands Protection Act. Enforcement
techniques are available to stop illegal activity , force a Notice of Intent to be filed,
control future work, restore illegally altered areas, and punish and deter violators.
With respect to agricultural activities and the Agriculture Exemption, a farmer may
be in violation of the Wetlands Protection Act by performing a non-exempt
activity without a permit in an area that is under jurisdiction. Such activities
nclude those that:
Are neither maintenance nor improvement.
Are neither "normal" nor "necessary and related" (for example, out of scale
with'the enterprise or not related to current production).
Take place on land that is not exempt because it is not "in agricultural use."
Do not conform to specific conditions (see page 2-6 of this Guide).
Do not conform to the design and mitigation requirements of a Conservation
Plan.
Violate any conditions set forth in an Order of Conditions.
The following documents explain how to determine a violation and pursue
en" rcement. Each is available in most Conservation Commission offices.
Massachusetts Association of Conservation Commissions, "Environmental
Handbook for Massachusetts Conservation Commissioners" (1991).
• Massachusetts Audubon Society, "A Guide to Understanding and
Administering the Wetlands Protection Act" (1992).
• Commonwealth of Massachusetts, Department of Environmental Protection,
"An Enforcement Manual for Wetlands Protection in Massachusetts" (1994
update).
If a violation is reported or suspected, the Commission must inspect the site to
determine if the Act in fact has been violated and to consider appropriate
remedies. In many cases, but not all, the Conservation Commission must receive
the landowner's permission to enter private property; for some excellent treatments
of this subject, see the reference resources listed above.
Sometimes "informal" enforcement is sufficient and effective. Conservation
Commissions that attempt to resolve a problem with a violator through a visit,
phone call, or letter often clear up misunderstandings and achieve compliance or
remediation without resorting to formal enforcement measures. This approach is
particularly valuable i.i agriculture, aquacuiture, arid forestry projects, where the
parties may be unclear about a particular practice or the parameters of the
Agriculture Exemption.
One goal of enforcement activities is to achieve compliance with the law, thereby
protecting wetland resource values. Deterrence is another important goal of
Farming in Wetland Resource Areas (1/94)
2-21
Chapter Two: Working with the Regulations
Enforcement
enforcement. A problem solving approach often is productive, involving the farmer
or forester. Conservation Commission staff and members, and other personnel such
as the District Forester or District Conservationist. Whatever the strategy and the
course of negotiations, the Commission should provide specific instructions for
compliance and should document all agreements.
2-22
Farming in Wetland Resource Areas (1/94)
Chapter Two: Working with the Regulations
401 Water Quality Certification Program
Section 401 Water Quality Certification Program
The Wetlands Protection Act is a state law. It was passed by the Massachusetts
Legislature and is carried out by a state agency (DEP) through local Conservation
Commissions.
"Hie federal government also has laws that protect wetlands. The best known of
these laws is the Clean Water Act. Section 404 of the Clean Water Act describes
the areas and activities over which it has jurisdiction, as well as certain exceptions.
In general, this federal law is administered by the Environmental Protection
Agency (EPA) and the Army Corps of Engineers, both of which are agencies of
the federal government.
However, there is one section of the Clean Water Act that is carried out at the
state level. This is Section 401. In areas where there is federal jurisdiction -
federal and state jurisdiction are not quite identical - issuance of a federal permit
for discharges into wetlands first requires the state to certify that the proposed
activity will maintain water quality standards and comply with other appropriate
requirements of state law. The state's 401 Water Quality Certification Program for
projects affecting wetlands is carried out by DEP's Division of Wetlands and
Waterways.
Generally, if work is exempt under the Massachusetts Wetlands Protection Act,
then it will not require a Section 401 Water Quality Certification from DEP. If
there is any question about whether a project may require a federal permit, the
landowner should contact the Army Corps of Engineers (see Resources and
References in Appendix A of this Guide) for more information.
Work that is not exempt under the Massachusetts Wetlands Protection Act may
require 401 Water Quality Certification. In March 1995, DEP adopted revised
regulations (314 CMR 9.00), detailing the kinds of projects for which review
under Section 401 is required. Contact DEP (see Resources and References in
Appendix A) for more information. Any farmer proposing to do work that is not
exempt under the Wetlands Protection Act should consult these materials.
To summarize:
• The Division of Wetlands and Waterways administers Section 401 of the
federal Clean Water Act by issuing 401 Water Quality Certifications for
projects that comply with the regulations.
• Work that is exempt under the Wetlands Protection Act and its regulations
generally does not require state review or certification under Section 401.
If there is any question about whether the proposed activity is exempt from
Section 404 of the federal Clean Water Act, landowners should consult with
the United States Army Corps of Engineers.
Farming in Wetland Resource Areas (1/96)
2-23
Chapter Three:
The Soil Conservation Service
and Conservation Planning
© Pe«e McDonrnH From "RESOURCES"
Chapter Three: SCS and Conservation Planning
SCS, Conservation Districts, Conservation Plans
Chapter Three: The Soil Conservation Service and Conservation
Planning
The Soil Conservation Service, Conservation Districts, and Conservation Plans
The United States
Soil Conservation
Service and
Conservation
Districts
The SCS-Assisted
Conservation Plan
The S~>il Conservation Service (SCS) of the United States Department of
Agriculture (USDA) is a technical assistance agency whose mission is to provide
leadership and administer programs to help pople conserve, improve, and sustain
our natural resources and environment. Soi! Conservation Service objectives
include:
Reducing soil erosion.
Preventing damage caused by floods.
Conserving water used in agriculture.
Improving water quality.
Conserving and developing natural resources in rural and urban communities.
Promoting good land use through informed land-use decisions.
SCS operates in Massachusetts under a written arrangement with the
Commonwealth's sixteen Conservation Districts. SCS has a Massachusetts State
Headquarters and seven field offices. Field staff consist of soil conservationists,
soil conservation technicians, engineers, and soil scientists.
Conservation Districts were established in Massachusetts in 1945 and are legal
subdivisions of state government. They are responsible under state law for
conservation work within their respective counties. Districts are given broad
responsibilities in the area of conservation of soil and water resources.
Conservation Districts are formed locally and are self-governed by an elected
board of supervisors with five to seven members.
The purpose of Conservation Districts is to focus attention on land, water, and
related natural resource problems and opportunities and to develop programs to
address the identified issues. They enlist and coordinate help from public and
private sources to carry out the programs. The SCS is a federal agency enlisted by
the Conservation Districts to provide technical assistance to private land users and
units of government within the Commonwealth of Massachusetts.
The Soil Conservation Service provides resource planning and implementation
assistance to individuals, groups, and units of government. Plans are developed
and implemented for the protection, conservation, and enhancement of soil, water,
air, plants, and animal resources (SWAP A). The planning process is dynamic and
professional judgment is applied to determine the proper interaction between these
elements.
The planning process provides an orderly approach to conservation decision
making. The process is used in all instances where assistance is given to decision
makers or clients, regardless of the expected outcome, scope, or source of funding
to be used for implementation. The degree of detail used in the planning process
will vary with the type, complexity, method of assistance, and the objectives and
limitations of client(s).
Farming in Wetland Resource Areas (1/94)
3-1
Chapter Three: SCS and Conservation Planning
SCS, Conservation Districts, Conservation Plans
The Planning Process
The planning process consists of nine elements. Each is essential. Generally, they
are carried out in sequence. In some situations, many of the elements can be
carried out almost simultaneously. In most situations, the various elements will
need to be revisited one or more times as more data are obtained, planning
intensifies, and objectives are defined more clearly. This iterative process may
occur at any time and can result in a change in focus.
The purposes of the planning and implementation process are to:
Provide an organized system that helps SCS planners work effectively with
decision makers to identify and solve resource problems, needs, or
opportunities, and thereby facilitate change leading to sustainability in the
natural resource base and the wise use of natural resources.
• Help clients recognize and understand natural resource conservation principles
and problems and their causes, treatment needs, and effects of alternative
treatments.
Develop and evaluate alternatives that lead to decisions to select, implement,
and maintain conservation treatments and management on the planned land
unit and enable the client to achieve his/her objectives, as well as meet social.
legal, and program requirements.
Assess the effectiveness of planning and evaluate the results of treatment.
Establish a consistent method of providing assistance nationwide and improve
effectiveness in training employees in the planning and implementation
process.
The following is a brief description of the nine elements of the Planning Process:
Element 1 (Identify
Problems)
This involves the identification of resource problems and opportunities in the
planning area. It includes identifying the conditions that impair or degrade one or
more of the five resources (SWAPA). It also includes identifying the opportunities
to enhance the use of resources. The identified problems and opportunities guide
the remainder of the planning process. Initially, the client may only identify one or
two problems. As planning progresses and additional information is developed,
other problems and opportunities may be identified.
Element 2 (Determine
Objectives)
This involves the development of an understanding, with the client, of the desired
conditions for the planning area as compared to the existing conditions. It includes
the desired resource uses, resource problem reductions, and environmental
protection. As resources are inventoried and analyzed and alternatives are
formulated, objectives may need to be reviewed and modified.
Element 3 (Inventory
Resources)
This involves collection of resource information, based on the resource problems
and objectives identified in Element I and Element 2. that is needed to formulate
and evaluate alternative treatment systems. Information will be gathered as needed
concerning: soil, water, air. plants, and animal resources; environmental and
cultural values: and economic and social conditions.
3-2
Farming in Wetland Resource Areas (1/94)
Chapter Three: SCS and Conservation Planning
SCS, Conservation Districts, Conservation Plans
Element 4 (Analyze
Resource Data)
This involves the study and evaluation of the resources data to clearly define the
resource conditions, including any limitations to their use, needed to establish the
benchmarks for the remaining planning elements. The process provides the
information needed to formulate and evaluate alternatives. These analyses should
clearly establish the cause and effect relationships between resources. These
analyses also should provide information about existing and future conditions.
Element 5 (Formulate
Alternatives)
This involves the development of alternatives that will achieve the client's
objectives by solving resource problems and taking advantage of opportunities to
improve the resource base. All reasonable alternatives should be considered,
including those that will prevent a problem from occurring and those that will
address an existing problem. Measures that mitigate potential adverse impacts
should be included as appropriate.
Element 6 (Evaluate
Alternatives)
This involves the evaluation of alternatives to determine their effect in addressing
the objectives and problems. This Element also includes an evaluation of the
potential effects on social, economic, and environmental concerns. Special
attention must be placed on those environmental values protected by law or
executive order.
Element 7 (Make
Decisions)
This involves the determination of alternative actions and includes preparing the
necessary documentation of the decision process. Also included is the presentation
to the client of the effects and impacts of each of the alternatives so that the client
is able to select the alternatives that accomplish the established objectives for the
planning area. If needed, public review and comment are obtained before a
decision is reached. Documentation includes recording the decision in the case file
and preparing the conservation or project plan and/or the environmt ital documents
(Environmental Assessment or Environmental Impact Statement).
Element 8 (Implement
Plan)
This involves the implementation of the selected alternative. It includes providing
technical assistance for management practices and obtaining needed permits, land
rights, surveys, final designs, and inspections for structural practices. In addition, it
includes operating and maintaining the selected alternative in a manner that
assures proper functioning.
Element 9 (Evaluate
Plan)
This involves an evaluation of the effectiveness of the implemented plan to (1) be
sure that it is functioning as projected and achieving the client's objectives, (2)
identify maintenance needs, and (3) identify needed modifications in the plan,
practice, and/or specifications.
Farming in Wetland Resource Areas (1/94)
3-3
Chapter Three: SCS and Conservation Planning
SCS, Conservation Districts, Conservation Plans
The Field Office
Technical Guide:
A Guide to Good
Conservation
The Field Office Technical Guide (FOTG) is one of the most important tools used
by the Soil Conservation Service field office staff to carry out the agency's
conservation programs. The FOTG is an integral part of conservation planning. It
is used in designing components of farm Conservation Plans. It is used with the
SCS National Planning Manual, which contains policies and procedures for
providing decision makers with technical assistance for all SCS programs.
The FOTG is based on the latest in conservation treatment technology. It helps
SCS decision makers identify resource problems, evaluate the effects of
conservation treatments, compare alternatives, and select the best options to meet
conservation needs and objectives. The FOTG is a dynamic document that
continually changes to incorporate new technology and experience.
To update the FOTG, SCS relies heavily on input from universities and
experiment stations, SCS plant materials centers, the U.S. Department of
Agriculture's Agricultural Research Service and Extension Service, the U.S.
Environmental Protection Agency, and other federal and state agencies. SCS works
closely with these groups to apply new technology to SCS programs.
The FOTG was developed primarily for SCS use It is, however, a public
document that is available to other state and federal agencies, urban planners,
developers, and consultants who are interested in applying effective conservation
measures.
At first glance, the FOTG appears to be the same in one field office as it is in
another Actually, the information inside applies specifically to the unique
combination of resources in each individual field office area
Section I of the FOTG contains general references to help SCS conservationists
understand all the physical, legal, and other factors affecting conservation in the
area so that good decisions about the use of natural resources and conservation
management systems can be made. The laws, ordinances, regulations, maps, costs,
resources, erosion predictions, and climatic and cultural data included in this
section deal with agronomy, biology, forestry, soils engineering, and economics.
Section II describes soils specific to the field office area. Also included is
information about their limitations, suitability, and potential for rural and urban
land uses with respect to: water management; construction materials; sanitary
facilities; building site development; wildlife habitat; recreational development;
windbreaks and environmental plantings; and woodland management and
productivity.
Section III contains guidelines for developing conservation management systems
that combine sound, practical, and effective conservation practices and
management measures that fit local field conditions. This Section describes the
considerations that must be addressed to solve resource problems using the best
available technology.
Section IV describes the standards and specifications for applying selected
conservation practices, such as b>-pass cha.-uicis. dikes, grassed waterways, and
ponds.
Section V contains information regarding the environmental, social, cultural, and
economic effects of installing and maintaining conserv ation practices.
3-4
Farming in Wetland Resource Areas (1/94)
The Federal Farm
Bills and
Massachusetts
Farmers
Chapter Three: SCS and Conservation Planning
SCS, Conservation Districts, Conservation Plans
The FOTG is the focus of SCS technical expertise in agronomy, biology, ecology,
economics, engineering, forestry, geology, sociology, and soil science. It plays a
key role in helping decision makers use the best technology available in applying
conservation treatments that will ensure, for the benefit of future generations, the
prudent management of soil, water, air, and related plant and animal resources.
SCS also has responsibility for technical aspects of the 1985 Farm Bill (the Food
Security Act, or "FSA") and the 1990 Farm Bill (the Food, Agriculture,
Conservation and Trade Act, or "FACTA"). One of the most dramatic steps in the
soil conservation movement of this century was the Food Security Act of 1985.
Backed by farm groups, agricultural industry representatives, and environmental
interests, the 1985 Act ties most USDA support for the first time to soil
management. The 1990 Farm Bill strengthens many of these provisions.
The "sodbuster" conservation provisions of FSA and FACTA discourage the
production of annually-tilled crops on highly erodible cropland where the land is
not carefully treated to reduce erosion to acceptable levels.
The Acts sodbuster and conservation compliance provisions encourage
producers to implement an approved conservation plan if they intend to grow
annual crops on highly erodible fields. Every conservation plan must meet
specifications found in the local Soil Conservation Service (SCS) Field Office
Technical Guide. Every plan must also be approved by the local Conservation
District. Land users may of course choose not to develop and apply a conservation
plan, but the possible loss of USDA benefits provides a strong incentive to
participate in the planning process. The 1985 Food Security Act also includes the
Conservation Reserve Program. Under the Conservation Reserve Program,
USDA pays producers annual rental fees to idle (take out of production) highly
erodible land for 10 years.
The "Swampbuster" conservation provision helps preserve the important
values of wetlands. Under FSA, agricultural producers lost USDA program
benefits if they converted wetlands and planted an agricultural commodity.
FACTA expands this so that benefits are lost when a wetland is altered, whether
or not a commodity crop is planted.
The Swampbuster provisions of the Acts restrict the conversion of wetlands
for agricultural production. Producers who convert wetlands to annual crop
production become ineligible for USDA program benefits. According to the
Swampbuster provision, producers who convert wetlands to annual crop production
after December 23, 1985. may be disqualified from USDA program support. They
can regain eligibility by stopping production of annual crops on converted
wetlands.
Whenever land users apply for a USDA support program, they must fill out
USDA's form AD- 1026. This form certifies that they have not converted a wetland
to crop production since December 23, 1985. The form also certifies that they will
not convert a wetland during the support program's contract period.
Wetlands are defined using the federal method, using hydric (wet) soils and
hydrophytic (water-loving) vegetation as indicators of wetland areas. SCS
maintains a list of the kinds and combinations of soils and plants that define a
wetland area.
Farming in Wetland Resource Areas (1/94)
3-5
Chapter Three: SCS and Conservation Planning
SCS, Conservation Districts, Conservation Plans
This provision has several exceptions, however. Land users are not subject to
Swampbuster if they:
Began converting a wetland to cropland before December 23, 1985.
• Made a substantial, verifiable financial commitment to wetland conversion
before December 23, 1985.
Converted wetlands that had been created artificially - for example, through
irrigation.
• Produced crops on wetlands that became dry through natural conditions such
as drought.
Converted wetlands where SCS has determined that the conversion has a
minimal effect on "wetland values "
Where to Find
Assistance
To receive assistance from SCS. a farmer simply contacts the appropriate
Conservation District and asks for it. The farmer then will be asked to enter into
an agreement in which he or she becomes a "Cooperator" with the District. The
agreement allows SCS personnel to be on the farm and it shows a good-faith
effort on the part of SCS, the Conservation District, and the farmer. The technical
assistance request then will be scheduled for servicing, which will essentially be
on a first-come, first-served basis.
A Memorandum of Understanding (MOU) between SCS and DEP (see Appendix
C of this Guide) establishes the basis for cooperation between SCS and DEP. SCS,
through the Conservation Districts, will work with farmers to develop resourc
management systems and design conservation practices. The goal is to provide
appropriate protection to wetland resources and therefore meet the requirements of
the Wetlands Protection Act. With respect to the Conservation Plan requirements
of the Agriculture Exemption or the so-called Conservation Plan limited project,
farmers need to contact their District office at the start of a project that needs a
Conservation Plan.
Farmers also must comply with the provisions of FSA and FACTA. Failure to
follow the conservation provisions, whether intentional or not, can significantly
alter the profitability of a producer's enterprise. For further information or
assistance with any of these provisions, contact the Soil Conservation Service,
Agricultural Stabilization and Conservation Service. Cooperative Extension, or the
local Conservation District.
3-6
Farming in Wetland Resource Areas (1/94)
Chapter Four:
Practices and Terms
M *..
.<- A——'
...I ,
f-V.
^^^^£2
"•'■'U"J ' 1
Chapter Four: Practices and Terms
Introduction
Chapter Four: Practices and Terms
Introduction This section contains descriptions of many agricultural practices and terms. It is
divided into the following areas:
• "General farming" and
Cranberry production.
[See Chapter Six of this Guide for Forestry Practices and Terms.]
This section offers a basic introduction to terms and practices that may be
unfamiliar to the non-farming reader. It is not meant to provide an exhaustive
catalog of all agricultural activities; the list has been chosen to focus attention on
those practices that are quite common and may interact with resources that are
under the jurisdiction of the Wetlands Protection Act.
It is important to understand that the terms and practices listed here are not
necessarily "exempt" or "normal" just because they are included in this
document; exemption depends on a number of factors, such as location, that must
be taken into account. However, it is likely that these practices typically would be
considered normal maintenance or improvement when performed in the proper
context and on an appropriate scale. It also is important to understand that if a
practice or term is not listed here, it does not mean that it should not be
considered "normal."
Agriculture is a dynamic industry. Farmers continually modify their operations in
response to new technologies, changing economic and market conditions, and
environmental considerations. We can expect change in Massachusetts agriculture
to continue and even accelerate in the foreseeable future. Agricultural practices
continually are being modified as farmers, foresters, and research, extension, and
other professionals seek to improve methods of production and management.
Therefore, descriptions and definitions in these sections are subject to modification
over time.
Note: In the following sections, an asterisk (*) next to the term or practice means
that the agriculture provisions of the Wetlands Protection Regulations specifically
identify limitations on that term or practice.
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General Farming Practices and Terms
Access road: Established ways are used by vehicles, machinery, livestock, or
people to get to a field, storage area, or other active component of the farm.
♦Access road maintenance: (see Road maintenance, below).
Alternate host: Insects and diseases require a plant habitat to complete their life
cycles; and without the habitat, the pest cannot survive. (Although technically
incorrect, but of practical importance, the term alternate host often is used to
describe plants that are attractive to pests but not necessary for their survival.) The
host plant often is removed from areas around fields as an alternative to pesticides
or because it is the only method available. "Alternate host" also describes certain
other plants that provide niches for beneficial insects and therefore are encouraged
on the farm.
•Brush cutting and clearing: Brush and trees around the perimeter of a field are
removed in order to maintain access and working areas, maintain or enhance air
circulation, reduce frost risk, eliminate hosts for pests (see Alternate host, above),
minimize weed incursion, and maintain or enhance sunlight falling on cropland.
The frequency and the area of cutting and clearing depend on the objective, the
crop, and the location (with respect to slope, direction of the sun, etc.).
'Buildings (construction and maintenance): Structures found on a farm may be
used to house, protect, and maintain equipment and machinery. Barns,
greenhouses, crop storage facilities, and a variety of sheds and outbuildings related
to production also may be located on the farm. Some structures must be located in
relation to cropland or pasture, utilities, or other facilities and infrastructure.
Maintenance includes painting and repairs or replacement of roofs, siding, or
foundations.
Burning: Burning is used to dispose of brush and pruning and, in some cases, to
manage weeds or other pests in and around fields. Burning also is used to prune
low bush blueberries. State law allows agricultural burning any time of year;
however, most agricultural burning is done during the winter months under damp
or snowy conditions to minimize danger to surrounding areas. A permit is required
from the local fire department to assure safety.
Composting: Microorganisms use a biological process to convert organic materials
such as manure, leaves, paper, and crop and food wastes into a soil-like material
called compost. Composting that occurs under controlled conditions occurs faster
than it would under natural conditions.
*Compost production: Composting requires the storage and mixing of
ingredients. Particular pieces of equipment, such as windrow turners, may be used
to mix and turn the materials. The composting work area typically is flat and
designed to drain moisture from the site. Activities may include bringing and
stockpiling compost materials from on or off the farm onto the work area,
manipulating the piles or rows, and maintaining the working surface and drainage
of the site.
Conservation structures: Installations exist on many farms to protect land from
erosion. These include diversions, grassed waterways, hedgerows, and windbreaks
(see Diversions. Grassed Waterways. Hedgerow planting and Windbreaks,
below). Conservation structures sometimes manipulate and reshape portions of the
land. Some installations require engineered designs and technical assistance from
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providers such as the Soil Conservation Service. Maintenance and repair may be
necessary for proper functioning.
Cover cropping: Sometimes, crops are planted for purposes other than harvest,
often to protect the soil from erosion. Permanent cover crops are used in orchards
and some small fruit plantings and on land associated with crops. Permanent cover
crops may be mowed on a regular basis. Bare soils or mulches are maintained in
the crop row to control weeds. Winter cover crops commonly are seeded after
harvesting an annual crop and are plowed down in the spring.
Besides reducing erosion, cover crops take up residual nutrients that otherwise
would be subject to leaching. Non-permanent cover crops usually are plowed
down in the spring. As they break down, they make a small contribution to the
amount of organic matter in the soil and slowly release nutrients that become
available for plant growth. Not all fields are planted to winter cover crops because
some crops cannot be harvested until late in the fall, when it is too cold for the
cover crop seed to germinate.
Critical area planting Vegetation such as trees, shrubs, vines, grasses, or
legumes are established on highly erodible or critically eroding areas.
Crop rotation It is a common practice to plant a planned sequence of different
crops in different areas. Rotation aids in the management of insects, diseases,
weeds, soil, and nutrients Hay. grains and legumes, and row crops may be in a
rotation of four to eight years, for example. A field may lie inactive for one or
more years as part of a rotation that seeks to build soil fertility or manage weeds
or other pests.
Diversion: A channel is constructed across the slope with a supporting ridge on
the low side to divert ev ss water from one area for use or safe disposal in
other areas. Diversions are used to control runoff damage on crop and pasture
lands, as part of a pollution abatement system, and in barnyard and feedlot areas.
Drainage system: Water must flow, either naturally or by manipulation, from a
field to enhance growing and field management conditions. Drainage systems,
such as grassed swales, may be installed on the surface of the land; or under the
ground (sub-surface), consisting of tiles and/or plastic drainage pipe.
Surface drainage typically consists of an open ditch constructed to a
designed size and grade. These systems need to be maintained to function
properly. Proper maintenance includes dredging of surface ditches and
removal of materials such as fallen limbs and thick vegetation, which may
inhibit water flow. However, increasing the width or depth of the channel
beyond its original size is not considered normal maintenance.
Sub-surface drainage systems are designed and installed to specifications
that consider soil type, grade, and cropping requirements. Sub-surface systems
may have a main line with several laterals feeding it, plus an outlet. Tiles,
pipes, and outlet structures must be maintained to prevent clogging and
sometimes must be dug up and repaired or replaced.
Equipment maintenance and repair: Equipment must be kept up routinely and
regularly on the farm by the farmer. There may be an equipment shop for such
activities; however, some repairs must be performed where a breakdown occurs.
Fallow land Technically, fallow land is land that has been plowed but not seeded
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A field may be left fallow to kill off weed roots or because a second or cover crop
has not been planted. Often, "fallow" is used to mean "inactive," implying a field
that has been planted (in hay, pasture, or cover crop) but is not currently managed
for production. Fields may be inactive as part of a rotation, to "rest" or replenish
the soil, or for market or economic considerations.
Fencing: Fences keep animals in or out of certain places. Fences, including gates,
must be kept in good repair. This includes replacing posts and wire as needed.
Fence rows should be kept clear of shrubs, trees, and tall weeds including those
that are noxious. Fences may be permanent, as around the perimeter of a pasture,
or temporary, such as the moveable wire fencing used in rotational grazing.
Fertilizing Fertilizer provides supplemental nutrients necessary for crop growth.
A soil or tissue test indicates the amount and type of nutrients needed. Fertilizer
materials include commercial fertilizers, manures, compost, rock flours, and dusts.
They usually are applied at or just before seeding/planting and as side dressings or
top dressings during the growing season. In some cases, fertilizers are applied as a
liquid sprayed on the foliage.
*Field edge A field edge is a strip or zone of land surrounding a field. These
areas are maintained to prevent adverse effects on crop growth and to access fields
and manipulate equipment. Management includes removal of vegetation that is
shading crops or providing habitat for pests. Plants that are "alternate hosts" for
pests may need to be removed from field edges Mowing, cutting, and burning are
typical field edge management activities. Equipment may be stored temporarily
along a field edge The width necessary for a field edge varies depending on the
crop, its location, and requirements for equipment and access.
Grassed Waterway: Natural or constructed channels are shaped or graded to
required dimensions ar established in suitable vegetation for the stable
conveyance of runoft. Grassed waterways help carry runoff without causing
erosion or flooding and help improve water quality. They are maintained by
mowing and removing debris and sediments as needed (without reshaping or
increasing capacity).
Greenhouses Enclosed, light transmissive structures are used to grow plants, most
typically vegetable and flower crops. The plants may be transplanted outdoors or
harvested right from the greenhouse. Greenhouses usually remain in one location
for an indefinite period, but typical units erected today do not have concrete or
excavated foundations and are not considered permanent structures. Rather, they
are plastic covered and consist of large metal hoops or wooden frames with
supporting posts inserted in the ground. Greenhouses require water and usually
have electricity and heating units that burn gas, oil, or wood. Some contain solar
heat storage.
Harvesting: Methods of collecting a crop from the field vary widely depending on
the crop, the market, and other conditions. Some crops are harvested by machine
and others by hand. Some crops, such as potatoes, are harvested once while others,
such as blueberries, are harvested several times during the season.
Hedgerow planting Rows of plants, generally woody, are established in, across,
or around a field. Hedgerows are used to delineate a field border, serve as a fence
or screen, provide food and cover for wildlife, and act as a windbreak. Hedgerows
are maintained b> pruning, trimming, and replanting as necessary.
Irrigation Crops are irrigated using one or more technologies and sources of
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water. Irrigation frequently is an economic necessity for successful production of
higher value crops such as fruits, vegetables, flowers, and nursery plants. The need
for irrigation varies with weather conditions, soil characteristics, crop, and market.
Sprinkler and drip (trickle) irrigations are the two basic types most commonly
used in Massachusetts.
Irrigation systems consist of a water source, pump, pipe (to transport water to the
field), and distribution pipe and nozzles (in the field). The most common sources
for irrigation water are ponds and streams, but wells and public water sometimes
are used. Most irrigation pipe is portable, consisting of sections that are set up
temporarily on top of the ground and moved as needed. Main lines from the
source to the field are either portable or permanent (many of these are buried).
Sprinkler systems usually consist of portable pipes in the field but sometimes these
are permanent. Traveling (self-propelled) units also are popular due to lower labor
requirements for moving the system. Sprinkler systems sometimes are used to
protect crops such as strawberries from frost.
Drip or trickle systems consist of tubes laid down the row. The tubes have holes
spaced along their length that emit small quantities of water. Drip tubes are
removed at the end of the season Perennial crops may utilize a permanent system
of plastic pipes and "spaghetti tubes" - small tubes with metal emitters on the end.
Small amounts of fertilizers sometimes are dissolved in water and applied during
drip irrigation. This can improve nutrient management and reduce leaching
potential by providing a small but constant nutrient supply during the growing
season.
Some container-grown nursery crops are irrigated by means of capillary beds.
These are c' sed systems utilizing a saturated layer of fine sand on top of
polyethylene. Nursery containers tak up water from fl sand tlirough capillary
action.
Irrigation systems must be maintained well to function properly. Irrigation ponds
and their shores and access ways must be kept clear of brush and undesirable
vegetation. Feeder streams also must be kept free of obstructions and normal flow
must be maintained. Roadways, dams, and other associated structures must be kept
in good physical repair. Ponds may need to be dredged periodically to maintain
capacity. Access must be maintained to streams used for irrigation. Additionally,
the stream bed around the intake pipe must be kept free of debris, silt, and other
materials that interfere with water uptake.
Land smoothing: Areas of cropland must be smoothed where depressions,
mounds, and other irregularities interfere with the application of soil and water
conservation and management practices. Generally, bulldozers or other equipment
are used to level the surface. Land smoothing does not mean adding substantial
amounts of fill.
Liming: Calcium carbonate (lime) is added to soil to raise soil pH, thereby
reducing soil acidity. Liming is necessary because nearly all soils in Massachusetts
are naturally too acid for proper growth of most agricultural crops. Lime is applied
whenever the need is indicated by soil test. A few crops, such as blueberries and
some nursery plants, require an acid soil and may necessitate the application of an
acidifying material such as sulfur.
Livestock crossing: Animals cross streams at selected places to get from barnyard
to pasture or from pasture to pasture. Animals may walk through the water.
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Chapter Four: Practices and Terms
General Farming Practices and Terms
although some crossings consist of bridges or culverts that allow them to stay out
of wet areas.
Livestock watering facility: Animals are supplied with drinking water from a
specialized watering facility or from direct access to a pond or stream. Access
areas typically are fenced to control livestock movement. Such systems are
maintained by keeping intakes, pipes, outlets, and access areas free from
obstructions. Some watering facilities do not allow direct access but consist of
pumps and piping to bring water from a pond, stream, or well to a watering
facility in a pasture, barnyard, or feeding area. Although they may be of smaller
capacity than irrigation systems, their maintenance requirements are similar.
*Manure storage and management systems: Combinations of facilities and
practices are designed to handle animal wastes. The practice may be as simple as
stockpiling manure along a field edge until it is spread on the land. Some farms
install systems such as lagoons and above-ground slurry storage structures to retain
manures: which then are applied to the land. Many farmers also have paved barn
yards and feeding areas or have developed composting systems. These systems
allow farmers to recycle on-farm nutrients to enhance crop production. Systems
that are designed and managed properly also prevent the leaching of nutrients into
groundwater or the washing of nutrients into surface water. These practices also
help to reduce reliance on purchased inputs such as fertilizers, making agriculture
more sustainable
Mowing Vegetation may be cut either for a crop (like hay) or as a maintenance
practice (such as to improve fertility on a field, or clear field edges, access ways,
side slopes, etc.).
Mulches A variety of materials are applied to the boilb around a crop, serving a
number Oi purposes. Organic mulches, such as str?- . are used to reduce weed
growth and protect plants during the winter. They also contribute to building soil
organic matter. Plastic mulches are used to enhance crop growth by raising soil
temperature. Some also block sunlight, thus providing weed control. All mulches
conserve soil moisture by reducing evaporation. Plastic mulches also reduce
nutrient leaching. Non-degradable mulches are removed at the end of the season.
Netting: Netting is used to shade certain crops or protect crops from bird damage.
It requires support structures that consist typically of poles and wires.
Nutrient management: Farmers carefully manage the amount, form, placement,
and timing of applications of plant nutrients. The purpose of this practice is to
supply plant nutrients for optimum crop yields, to minimize leaching of nutrients
to surface water and groundwater, and to maintain or improve the chemical or
biological condition of the soil.
Pastures: Designated fields contain plants that livestock graze. Pastures are an
important food source on most livestock farms. A pasture may be planted to a
forage crop or it may be native, naturally-growing stock. A permanent pasture is
an area permanently dedicated to grazing, although it may be inactive temporarily.
A temporary pasture is an area that is designated for livestock feeding for a
particular period of time, such as one season's worth of grazing on an established
hayfield or end-of-harvest grazing on row crop residues. Pastures must be well
maintained to provide abundant and healthy food for animals. They may be
mowed to prevent establishment of shrubs and trees. Noxious and competitive
weeds also may need to be controlled, typically with herbicides. Pastures are
fertilized using lime, manure, compost, or commercial fertilizer. They also are
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General Farming Practices and Terms
reseeded periodically to maintain productive species; sometimes, this requires
turning over the soil.
Pest management practices: Various strategies are used to protect crops and
animals from losses due to pests such as insects, diseases, weeds, and certain
wildlife. Commercial pesticides are an important part of pest management. They
must be used be in accordance with label instructions and federal and state laws
and regulations. Numerous alternative strategies are being employed to replace or
reduce the use of synthetic pesticides. These include the use of parasites,
predators, crop rotation, row covers, and mulches and propane flamers to kill
weeds, insects, and potato vines.
Integrated Pest Management (1PM) employs many of these strategies to
manage pests with a goal of minimizing pesticide use. A key part of IPM is
monitoring pests to better time or eliminate some pesticide applications if
populations are below a certain threshold. Technology is changing rapidly and
we can expect to see farmers adopt many new pest management practices in
the future.
Pollination Many fruits and several vegetables (such as cucumbers) require
pollination by bees. Often, hives are maintained by farmers or the> are rented and
brought near the field during the season.
*Pond: In addition to naturally-occurring ponds, on a farm a pond is an
impoundment of water made by constructing a dam or an embankment or by
excavating a pit or a dugout. Ponds on farms provide water for livestock, fish and
wildlife, irrigation, crop and orchard spraying, frost control, fire control, and other
related uses Ponds require periodic removal of accumulated sediments and
vegetation. Depending on the use. acces~ also must be maintained.
Pruning: In the production of many fruit and nursery crops, and some vegetables
such tomatoes, it is necessary to cut and remove parts of a plant. Prunings may be
chopped in the field or removed and burned. Removal and destruction of prunings,
which may contain pests or diseases, is essential to good crop management and
field health.
Pump houses (construction and maintenance): Pump houses are built to protect
irrigation and pumping equipment from weather and possible vandalism. The
pump house is built next to the water source for efficient access. Maintenance
includes painting, re-roofing, new siding, and replacement of decayed timbers.
* Reservoir: Small storage pits are constructed to regulate or store a supply of
water for irrigation. Typically, water is stored for relatively short periods of time
to: provide for regulating fluctuating flows in streams or channels; provide suitable
irrigation water supply or improved management of irrigation water; permit more
efficient use of labor; avoid nighttime operation; and provide storage for reuse
irrigation systems.
*Road maintenance: Roads must be maintained year-round by: repairing surfaces,
including grading and filling in pot holes; correcting washouts; restabilizing side
slopes; mowing back brush along roadsides; pruning tree branches; and cleaning,
repairing and replacing culverts and gates. Under the Agriculture Exemption,
maintenance does not include enlarging road width, changing culvert size, or
constructing new roads.
Row tunnels/row covers: To extend the season of some warm season crops.
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Chapter Four: Practices and Terms
General Farming Practices and Terms
materials are used to protect them from adverse spring or fall weather conditions.
Row tunnels range in size from strips of clear plastic a few feet wide supported by
small wire hoops to "high tunnels" (unheated greenhouses). Floating row covers
usually are a fabric laid over the crop and held down by soil that covers the edges
of one or several rows ("wide row covers"). In addition to extending the season,
row tunnels and covers sometimes aid in pest management by acting as a barrier
to some insects and by keeping excess moisture off plants, thereby reducing
disease pressure.
Seeding and transplanting: Seeds are planted and growth is transplanted to
establish new crops. Seeding usually is accomplished by machine while
transplanting is done either by hand or with the aid of a mechanical transplanter.
Silage and feed storage: Livestock feed crops are stored after the harvest. While
storage structures such as silos and bunkers are commonly used, some silage,
haulage, or hay may be stored in the field or along the field edge, often under a
tarp.
*Squaring-off of fields The corners of fields may need to be reshaped to
facilitate management by equipment. This practice is not intended to enlarge the
field
Tillage Soil is stirred or turned. Plowing, harrowing, and rototilling turn under
crop residue, incorporate soil amendments, or prepare land for seeding or planting.
Cultivating and hoeing are for weed control and soil aeration and are used to
incorporate soil amendments, such as fertilizer, that are applied during the growing
season. Some crops, such as potatoes, also are tilled during cultivation. Subsoiling
is practiced to loosen compacted soils and break up plow pans.
Minimum tillage (sometimes cah.d no-till or conservation tillage) is a syc' ;m
in which seed (primarily field corn) is planted in a field without disturbing
crop stubble and without plowing or harrowing. A special planter is used to
till a narrow strip just wide enough for planting, while leaving most of the
soil undisturbed. One of the chief reasons for using this system is to reduce
soil erosion on hillsides.
Trellises Posts and wires are used to support some crops They may be
permanent, as in the case of grapes or dwarf apples, or erected for one season for
an annual crop such as tomatoes.
*Water management system: Various systems are used to bring, hold, or take
away the water that is used on a farm. Such systems may occur naturally or be
constructed. Typically, they require maintenance. Water management systems are:
Canals/channels are natural or artificial courses in which water flows with a
free surface. They provide discharge capacity required for flood prevention,
drainage, and other water management purposes. Open channels require
regular maintenance to keep them free from obstruction and to maintain their
designed-for carrying capacity. (See also By-pass Canal/Channel in Chapter
Four, "Cranberry Practices," at page 4-10.)
Dike. See Dike in Chapter Four, "Cranberry Practices." at page 4-10 .
Farm ponds See Pond, above.
Field ditches/cross ditches are graded for collecting excess water in a field
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General Farming Practices and Terms
and to drain surface depressions. They collect or intercept excess surface
water, such as sheet flow, from natural and graded land surfaces; or they
channel flow from furrows and carry it to an outlet. Also, they collect or
intercept excess subsurface water and carry it to an outlet (see Drainage
system, above).
Grassed waterway. See Grassed waterway, above
Irrigation systems. See Irrigation, above.
Reservoirs. See Reservoir, above.
Subsurface drainage system See Drainage system, above.
Watering facility. See Livestock watering facility, above.
Water transport systems consist of a series of open channels (see
Canals/Channels, above), pipes, or a combination of channels and pipes, that
brine water to or take water away from farm land or buildings.
Water storage systems include ponds, reservoirs, canals, water holes,
tailwater recovery systems, or other natural or man-made containment of
water for use on farms
Windbreaks: Permanent plantings of trees, shrubs, or grasses or annual plantings
of crops (such as corn or amaranth) protect adjacent cropland from wind damage.
They typically are placed in a row or strip and may be at the edge of a field or in
the field.
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Chapter Four: Practices and Terms
Cranberry Practices and Terms
Cranberry Practices and Terms (with diagrams of cranberry bog system)
See diagrams at end of Chapter.
Note: Many cranberry practices and terms are the same as those used in Chapter
Four, "General farming practices" (see page 4-2). Where the practice or term is
unique to cranberry production, or where particular attention should be drawn to
the use of that practice or term in the context of cranberry production, a more
detailed description follows.
*Brush cutting and tree clearing: (See also under General Farming.) The reasons
for clearing the perimeter of a cranberry bog are:
Removal of brush and saplings to promote air movement, which helps reduce
frost risk and cuts down on fungal growth.
• Removal of vegetation that serves as a host for certain insects, decreasing the
risk of infestations on the bog and reducing usage of insecticides.
• Removal of vegetation to minimize weed incursion and help cut down on
usage of herbicides.
• Providing the abundant sunlight required by a healthy cranberry plant. The
area to be kept clear depends upon the slope, the type of vegetation present,
and the direction of the sun.
Burning See under General Fanning.
*By-pass canal/channel Water normally is diverted temporarily "hen a moving
stream bisects a bog area. The by-pass canal/channel diverts the stieam to the
perimeter of the bog area and out of the target area of pesticide applications.
Construction and maintenance of pump houses: See under General Farming.
Construction and maintenance of buildings: (See also under General Farming.)
For cranberry operations, structures may be located near bogs to provide easy and
efficient access on and off the bed.
Critical area planting: (See also under General Farming.) Typically, these areas
around bogs include the side slopes, dikes, ditches, or sand borrow areas in the
adjacent uplands of the bogs.
*Dike: An embankment of earth is constructed to protect land against overflow or
to regulate water. Dikes include perimeter and interior dikes that impound water
temporarily for harvesting, trash removal, pest control, winter flooding, or other
management purposes. Dikes also include "low flow" dikes that contain the flow
of water in the stream channel and temporarily retain chemically-polluted water on
the bog for the period required to maintain water quality after chemigation.
Dike and flume maintenance: It is necessary to repair and widen most cranberry
bog dikes because they originally were built by hand and are not wide or strong
enough to accommodate large vehicles. In addition, animals bore holes in dikes,
causing structural damage. A combination of wind action, when the bogs are
flooded, and heavy rains also cause deterioration of the dikes, making graveling
and re-sloping necessary. Properly maintained dikes provide storm water
protection. Time and weather have taken their toll on water control flumes that
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Cranberry Practices and Terms
were made of wood or concrete to the point where replacement with new metal
flumes is necessary. In some cases, the old flumes were small and it is necessary
to enlarge them to improve water management efficiency for the existing bog.
Faulty, leaking flumes result in lost water, making flume replacement a water
conservation practice.
Ditch cleaning: Ditches facilitate flooding and draining of a bog and keep the
water table close to the root zone during the growing season. These ditches must
be cleaned to keep water freely flowing, to keep stagnant water moving, and to
reduce the use of fungicides. Cleaning also helps to keep down certain weeds that
grow in excessively wet conditions, thus reducing the use of herbicides. Excessive
flooding at blossom time will devastate a cranberry crop; thus, free-running ditches
are necessary.
Drainage systems : See under General Farming.
Equipment maintenance: (See also under General Farming.) In addition to
general farm equipment and machinery, cranberry growers particularly depend on
the irrigation pump which, because irrigation is used for frost protection as well as
for other functions, must be able to start on a moment's notice and run without fail
for 10-12 hours. These units are tested and maintained on a regular basis.
Equipment also is used for harvesting, sanding, and ditch cleaning. Such
equipment typically is constructed, maintained, and repaired in areas and buildings
adjacent to bogs.
Fertilizer and pesticide application: Fertilizers are applied to cranberry beds to
replace nutrients necessary for growth. Fertilizing the bogs begins in early spring
and continues until fall. Time and rate of application varies with each bog.
However, growers strive to maximize nutrient uptake by the plants. Fertilizers "an
be applied aerially with the use of helicopters or on the ground through irrigation
systems, rotary spreaders, or motorized vehicles. Application of pesticides and
fungicides is a necessary component of cranberry agriculture to prevent damage to
the cranberry plant by a variety of insects, fungi, and diseases. During the growing
season, each grower scouts the cranberry beds for insects and disease. If the insect
population reaches a predetermined economic threshold, then the grower decides
which chemical is necessary to eliminate the p-oblem. Chemicals are applied to
the cranberry bog using chemigation systems. Helicopters, and portable spray units.
Herbicides are applied to the bog in the spring as pre-emergence broadcast
applications to control weed seeds and as a post-emergence wipe during the
summer to control weeds above the vine level.
Flooding and flood release: Cranberry growers flood their acreage for three
primary reasons:
• Water harvesting, done during September through November, which requires a
flood over the bog to assist collection of the fruit a^d includes a trash flow
(use of the flood to float out dead leaves and berr<;s, which are skimmed
from the water to reduce sources of rot).
• Protection from winter injury from December through March.
• Enhancement of fruit quality by holding a flood from mid-April to mid-May
(known as "late water").
• For frost protection (by a small number of growers without irrigation).
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Chapter Four: Practices and Terms
Cranberry Practices and Terms
As a cultural practice to reduce insect damage; in some cases it is the only
known control.
When flooding the bogs, growers use portable pumps and/or stationary lift pumps.
Flume See Water control structure, below
Gate and fence construction: Gates and fences are built to control access to a
bog to minimize vandalism and thefts. Construction and maintenance of gates
occurs throughout the year.
Harvesting: The cranberry harvest takes place once a year from mid-September
through early November. Two methods of harvest are employed. One method is
the "dry method." which uses machines to rake the berries off the vines into boxes
or bags. Berries are removed from the bog by either bog vehicles or helicopters.
The other method, the "wet method," involves flooding the bog with up to a foot
of water «and using a reel to free the berries from the vines. Berries are corralled
and removed from the bog by pump or conveyors. Typically, nearly 30% of the
crop is wet harvested.
Irrigation canal Permanent channels are constructed to convey water from the
source of supply to one or more bogs. The conservation objectives are to prevent
erosion or degradation of water quality and to convey water efficiently in order to
minimize losses
Irrigation pit: Storage reservoirs are constructed to regulate or store a water
supply for bog irrigation. Reservoirs may be either: open pits excavated below the
ground surface to intercept and store surf. water or groundwater; or
impoundments that hold surface water, provided that the depth of water above the
original ground level does not exceed three feet
Irrigation systems: (See also under General Farming.) Planned water delivery
systems are essential for cranberry production. One type is the underground low-
volume sprinkler system This system is essential for applying water for frost
protection and irrigation, as well as for applying pesticides and fertilizers. When
new bogs are made, before vines are set out, a sprinkler system is set in place.
Many systems that were buried in bogs during the 1960s and 1970s now are being
replaced or upgraded as new technology develops. The old systems generally were
undersized and need to be replaced with larger pipes. The proper spacing and
sizing of the modern systems provides uniform distribution of irrigation water,
leading to a more conservative use of water. Modern systems usually are made of
black "poly" pipe plowed into the ground or trenched in by backhoes (as in the
case of main feed line). For most of the year, only the sprinkler heads are seen;
following harvest, these heads are removed and put back into place in early spring.
Such systems rely on effective utilization of the available supply of irrigation
water to manage crop needs while minimizing water loss. The timing, rate, and
amount of water used is determined and controlled in a planned and efficient
manner.
Land smoothing: (See also under General Farming.) Equipment is used to level
the suiface of bogs to minimize the amount of water needed to flood the bog to a
depth of 6 inches for cultivation practices.
Mowing (See also under General Farming.) Upland areas adjacent to cranberry
beds periodically are mowed during the growing season to prevent seeding on the
bog and to minimize the risk of fire. Underbrush is cut, too, and removed from
4-12
Farming in Wetland Resource Areas (1/94)
Chapter Four: Practices and Terms
Cranberry Practices and Terms
areas around the bog at different times throughout the year.
Nutrient management: See under General Farming
Pest management: See under General Farming.
Pollination: Cranberry plants must be pollinated to produce fruit. Cranberries
normally bloom from mid-June to mid- July. To aid in the pollination process,
hives of bees are brought to the bogs during this period. Generally, one hive of
bees is required for the pollination of one acre of bog. Bees typically are biought
to the bog on trucks during evening or night hours since that is the time when all
bees are in the hive. Once the cranberries are pollinated, bees may be removed to
pollinate other crops. Generally, bees are present on cranberry bogs for
approximately one month in early summer. Many growers own or rent hives that
may be kept on the property year-round.
*Pond construction and maintenance: See under General Farming
Pruning (See also under General Farming.) The areas of cranberry plants that
produce berries are called "uprights." Pruning cranberry vines removes the woody
portion of the plant, which produces few uprights. Pruning out the undesirable
parts enables the plant to put more strength into producing uprights, thus
increasing berry production. Pruning also eliminates the heavy vine growth that
promotes the development of rot in berries. Pruning takes place during picking for
dry harvested bogs and in the spring for wet harvested bogs
Regulating water flow The utilization of water from lakes and ponds is managed
by controlling dams and flumes. Most growers hold deeded water rights.
Fluctuations in water levels may occur during flooding and flood release
associated with harvesting, winter protection, and late water.
* Reservoirs and water storage systems: See under General Farming.
Road maintenance: See under General Farming.
Sand pit clearing and maintenance: Periodic sanding of cranberry vines is a
critical part of cranberry cultivation (see Sanding, below). Cranberry growers must
either purchase sand or use designated natural sand deposits located on their
property. These sand deposits are considered "necessary, related land" and usually
are located in the hills surrounding the bogs. They require that the trees and brush
be cleared and the topsoil removed to allow the grower to extract the deposits.
Sanding: Sanding stimulates new cranberry vine growth, suppresses insects,
improves drainage of surface water, and helps to hasten the breakdown of the trash
layer, thus making more nutrients available. Every few years, one-half to one inch
of sand is applied to cranberry bogs as an essential part of good bog management.
Sand can be applied directly to the vines in the spring or fall, but the most cost-
effective method is to apply sand on the ice of a winter- flooded bog. To apply
sand, most growers use specialized sanders (which often they build themselves) or
helicopters.
*Squaring off bogs: Corners and edges of bogs often need reshaping. Many bogs
in southeastern Massachusetts were constructed in the early 1900s by hand labor.
Straightening the edges, corners, and odd-shaped pieces of irregular bogs increases
the efficiency of tasks such as harvesting and mowing with modern equipment. It
also improves irrigation coverage.
Farming in Wetland Resource Areas (1/94) 4-13
Chapter Four: Practices and Terms
Cranberry Practices and Terms
Stripping and replanting: All plant material may be stripped from the bog and
replaced with new vine stock for the following reasons:
The bog is out of grade, requiring excessive quantities of water to flood it.
Modern land leveling lasers and larger equipment regrade the bog.
• The existing variety has a low yield or is prone to rot.
• Weeds (such as briars), poison ivy, or bushes have overtaken the vines.
*Tailwater recovery system: Transported irrigation tailwater is collected and
stored for reuse in a distribution system for bog irrigation. It is one of the most
important management practices used by cranberry growers. Its purpose is to
conserve bog irrigation supplies and water quality by collecting the water that runs
off the field surface for reuse on the bog. It minimizes the risk of chemicals
leaving the bog. As a water conservation measure, tailwater recovery is an
economically sound way of maintaining an adequate water supply. Tailwater
recovery also helps to control flooding by providing temporary storage during
periods of excessive rainfall. Components of a system include pickup ditches,
sumps, pumps, pipelines, water control structures, and water detention ponds.
Maintenance requirements for these systems are the same as for ponds.
Trapping: Growers control muskrat and other burrowing animals on the cranberry
bog. These animals tunnel into a cranberry bed. causing the muck soils to collapse
and rendering the bed unusable. Muskrats are the major cause of dike failure.
Muskrats are trapped during a specific season regulated by the Massachusetts
Division of Fisheries and Wildlife.
Water control structure (flume) Steel or aluminum structures, installed in a dike
that conveys water, control the direction or rate of flow or maintain a desired
water surface elevation in a bog. The purpose is to control the stage, discharge,
distribution, delivery, or direction of the flow of water in open channels or other
areas where water is used. Another purpose is water quality control, such as
sediment reduction or water chemigation holding time (to neutralize applied
chemicals before discharging from the bog). These structures usually are installed
in conjunction with a dike that separates bogs or at an outlet or inlet to a bog. All
waters containing pesticides must be retained for the length of time required by
the products' labels. (See Dike and flume maintenance, above.)
4-14 Farming in Wetland Resource Areas (1/94)
Diagram: Cranberry Bog System
Chapter Four: Practices and Terms
Cranberry Practices and Terms
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Farming in Wetland Resource Areas (1/94)
4-15
Chapter Four: Practices and Terms
Cranberry Practices and Terms
Diagram: Cranberry Bog System
Cranberry Rd
4-16
Farming in Wetland Resource Areas (1/94)
Chapter Five:
The Forestry Regulations
'-"•'^■. ~ — 77TT
Chapter Five: The Forestry Regulations
Introduction
Chapter Five: The Forestry Regulations
Introduction
In 1991, the Massachusetts Legislature established the Farmland Advisory
Committee (FAC) and directed the Department of Environmental Protection (DEP)
to clarify the definition of "normal maintenance or improvement of land in
agricultural use" as it applies to the exemption under the Wetlands Protection Act.
DEP adopted regulatory language related to the agricultural exemption for row
crops, cranberries, and other commodities in May 1993. The revised Wetlands
Protection Regulations for forestry activities (310 CMR 10.00) were adopted in
November 1995. In addition to addressing a legislative mandate, the forestry
regulations are part of DEP's continuing effort to streamline permitting and
provide a better understanding of the standards while maintaining wetlands
protection.
In 1993, the FAC established a forestry subcommittee to work with DEP to review
the Wetlands Protection Regulations. This subcommittee also reviewed the
Department of Environmental Management (DEM) Forest Cutting Practices Act
Regulations (304 CMR 11.00) at the same time. The subcommittee included
representatives from DEM, DEP, the Massachusetts Department of Food and
Agriculture, the Massachusetts Division of Fisheries and Wildlife, and other
environmental and forestry agencies and groups.
The subcommittee proposed amendments to the regulations for both the Wetlands
Protection Act and Forest Cutting Practices Act (FCPA). The amendments to the
FCPA Regulations strengthen environmental protection for surface waters and
wetlands during forest harvesting operations. This protection has been
accomplished in the FCPA Regulations through increased emphasis on Best
Management Practices (BMPs) and clarification of the standards for cutting, and
engineering and logging.
The relationship between the Forest Cutting Practices Act and the Wetlands
Protection Act has been greatly improved by regulatory changes in notification
requirements, agency and landowner responsibilities, and definitions of terms and
practices. A strong spirit of cooperation among local, state, and federal
environmental agencies and organizations has been formed as a result of the work
of the forestry subcommittee and will continue through outreach and training
efforts. A Memorandum of Understanding between DEM and DEP further defines
each agency's role and encourages this cooperation in the future.
This chapter serves as guidance for dealing with the revised Wetlands Protection
Regulations for forestry activities. The information provided here updates and
supersedes information regarding forestry contained in the earlier chapters of this
document.
One important difference between the revisions for forestry and the rest of the
Agriculture Regulations is that the forestry portion is not subject to a sunset
provision [see 10.04 (Agriculture)(c)]. Also, while the agriculture exemption
specifically applies to commercial agriculture (defined in Chapter Two), there is
one exception to this requirement. Under the provision for cutting of trees for
one's own use (310 CMR 10.04 Ajrrij£ujture(a)(15)), it is not necessary that the
activity be for commercial purposes. This exception has not changed from the
previous regulations for forestry activities.
Farming in Wetland Resource Areas (1/96) 5-1
Chapter Five: The Forestry Regulations
Introduction
Another item to note involves the agriculture emergency provisions of 10.06(6). In
1993, three emergency activities particular to agriculture were created: stream bank
stabilization, removal of storm debris from streams, and development of an
emergency water source when the existing source has become unusable. Such
emergency activities may apply to forestry areas when it is necessary to eliminate
an imminent threat to forest land or to restore forest land damaged by a storm.
5-2 Farming in Wetland Resource Areas (1/96)
Chapter Five: The Forestry Regulations
Understanding Forestry in Massachusetts
Understanding Forestry in Massachusetts
The
Massachusetts
Forest
Almost two thirds of the Massachusetts landscape is covered by trees. This has
occurred even though Massachusetts is the third most densely populated state in
the nation. It is even more remarkable given the historic agricultural use of the
landscape. The forests of today are the result of past landclearing for farming and
timber and the natural regeneration that has occurred on these cleared lands. These
forests have again read ?d the stage where they provide scenic vistas, thriving
wildlife populations, fc rest products, and recreational opportunities.
The forests of Massachusetts are quite diverse in composition since they lie within
the southern limits of the coniferous woodlands of northern New England and the
northern limits of the mixed deciduous woodlands of the mid-Atlantic states. A
rich mixture of species, including white pine, hemlock, oak, red maple, and
hickory occur throughout the state. Birch and sugar maple are concentrated in
western Massachusetts, and pitch pine is found on the sandy soils of Cape Cod
and the Islands. White pine is the dominant sawtimber species, followed by red
maple and red oak.
Unlike in many other states, in Massachusetts public ownership (state and federal
forests) and industrial ownership account for a very small portion of the forest
land. Approximately 85 percent of the forest land in Massachusetts is owned by
non-industrial, private individuals and about 80 percent of Massachusetts forest
products come from private land. The Commonwealth owns 1 1 percent of forest
land, while the federal government holds merely one percent.
Although the amount of forest land in Massachusetts did not change significantly
between 1972 and 1985, the number of owners increased dramatically, from
125,000 to 235,000. The result is that individual parcels are much smaller; the
average parcel of forest land in Massachusetts today is approximately 14 acres.
Many newer forest landowners hold parcels under nine acres. The majority of
forest parcels under private ownership range from 20 to 200 acres. Ownership
goals and management strategies vary widely.
There is no "typical" owner, and no single reason for owning forest land. The
reasons for forest ownership include recreation, wildlife habitat improvement,
scenic amenity, the harvesting of timber and cordwood for sale or personal use,
and watershed management. Farms often have managed woodlots as part of their
diversified operation, and use their own forest products for on-farm projects such
as fencing, bams, and fuel. Although forests produce many benefits or products,
the commercial sale of timber is the one that most often offers the landowner
monetary gain that can offset the costs of owning the land.
Timber harvesting can be planned and undertaken in a way that is compatible with
or enhances the other goals that landowners have for their forests. DEM Service
Foresters or private consultants are good sources of information on how to plan a
harvest to meet a variety of landowner goals.
The U.S. Forest Service estimates recent substantial increases in timber growth in
Massachusetts, both in volume and in size of trees. Growth exceeds harvesting by
almost 3 to 1 , revealing that Massachusetts has been extremely conservative in
harvesting its timber resources.
Farming in Wetland Resource Areas (1/96)
5-3
Chapter Five: The Forestry Regulations
Understanding Forestry in Massachusetts
Forested wetlands
Forested wetlands occupy low and poorly drained areas and provide important
wetland functions such as flood control, protection of water quality, and wildlife
habitat. Most of the forested wetlands in Massachusetts are dominated by red
maple interspersed with a variety of other plants. These forested wetlands have
regenerated naturally and in response to specific site conditions such as beaver
activity.
Commercial harvesting of timber in these areas is not typical since most of these
areas have low quality forest product0 Some vegetated wetlands, however, contain
certain valuable timber trees (e.g. ash) that may be harvested as part of a
management plan. Others may be used as a source of cordwood or fuelwood.
The primary concerns associated with silvicultural activity in forested wetlands are
related impacts from rutting, soil compaction, sedimentation, and soil erosion
during the harvesting activity or when crossing wetlands or streams. It is the rare
woodlot that does not contain streams or wetlands. The soils in wetlands typically
cannot support commercial timber harvesting equipment. However, impacts to
these areas can be minimized by using best management practices (BMPs). A
good source of information on BMPs is DEM's 1995 Massachusetts Forestry Best
Management Practices Manual (see Appendix A for information on obtaining this
document through DEM offices).
Forest values and uses
Recreational
opportunities
Habitat for game and
non-game wildlife
Massachusetts forests provide citizens with many benefits. The public enjoys
recreational opportunities, such as hiking, hunting, birding, biking, skiing, and
snowmobiling. Many private landowners allow public access to their forests for
recreational uses. Publicly held lands host forest recreation activities on nearly
400,000 acres. In fact, the Massachusetts tourism industry significantly depends on
the colorful fall foliage which attracts oVer 1.2 million travellers. Spring maple
sugaring also draws large numbers of tourists to sugar houses across the state.
Forests support a wide diversity of habitat for game and non-game wildlife. Game
species include black bear, white-tailed deer, wild turkey, grouse, waterfowl, and
fish. The U.S. Fish and Wildlife Service estimated that game-related activities
contributed over $550 million to Massachusetts in 1985. It also is estimated that
over 50 percent of the state's population has participated in non-game activities,
such as observing and photographing wildlife.
Managing forested lands for wildlife habitat is an increasingly popular component
of forest management. Landowners can create or enhance certain habitat with
relatively simple management techniques, such as creating small openings or
edges, managing for particular tree species, leaving small stands of poplar or alder,
leaving dead trees for dens, or planting or releasing native nut or fruit producing
trees or shrubs. Forested riparian (streamside) areas are critical for shading streams
and maintaining suitable light and temperature conditions for aquatic plants and
animals.
Water resource
protection
Forests are effective in removing excess nutrients and sediments from surface
runoff and in absorbing air-borne pollutants. Streamside and wetland forests serve
as both filters and sinks, trapping sediments, pesticides, and urban pollutants. The
quality, quantity, and regularity of stream flow are all affected by the conditions of
the surrounding forest. There are 150,000 acres of municipal water supply forest
lands in Massachusetts, nearly 50,000 acres of which are under active forest
management. The active management of this forest land has directly affected water
quality, water quantity, wildlife habitat, and recreation. For example, the
5-4
Farming in Wetland Resource Areas (1/96)
Aesthetic value
Chapter Five: The Forestry Regulations
Understanding Forestry in Massachusetts
Metropolitan District Commission has forest management plans for the 85,000
acres of public water supply land it manages. These management plans have a
primary goal of water quality protection and also may have wildlife habitat and
wood production objectives.
Forests provide aesthetic value to owners and others. Some forest owners make
management choices purely for aesthetic reasons, such as for a view, diversity, or
preservation of a specimen tree. Forest land serves as open space in the
Commonwealth, contributing to the quality of life both in rural and suburban
areas. This also is true in cities, where urban forests reduce noise pollution,
improve air quality, provide wind breaks, and create a more pleasing visual
environment.
Wood products
Massachusetts forests provide a wide range of products, from hardwood and
softwood lumber to biomass and fuelwood. The Massachusetts forest products
industries employ approximately 15,000 people in the primary and secondary
sectors.
The primary sector is composed of foresters, loggers, and sawmill owners, who
are dependent on the public and private forests of the Commonwealth. There are
about 200 professional foresters in Massachusetts. Many are consultant foresters
who provide services to private landowners by developing management plans,
cutting plans, and overseeing the harvest and sale of timber. The Department of
Environmental Management (DEM) has Management Foresters responsible for the
management of the public state forests and Service Foresters responsible for
providing technical assistance to landowners and for overseeing the Forest Tax
Law (Chapter 61) and the Forest Cutting Practices Act (Chapter 132). There are
approximately 700 licensed timber harvesters in the Commonwealth. Foresters
work with owners to design plans for forest management, while the timber
harvesters implement the plan when it involves the cutting of trees with
commercial value.
The secondary industry is made up of nearly 800 companies that produce a variety
of wood products, including pallets, architectural millwork, furniture, and boat
parts. In addition to local companies that use this native product, Massachusetts
forest products are in demand by national and international markets. Another
important market consists of many people who rely on cordwood to heat their
homes, as well as wood that is used in chip form to generate steam and electricity.
The Practice of
Forestry
Forest management may involve an orderly plan for achieving the objectives of
the landowner or it may involve a decision to not conduct an active management
plan. In either case, the forest may be considered land in agricultural use.
However, whether the activity that occurs in this area is exempt from the Wetland
Protection Regulations is dependent on how the work is carried out and if it meets
the conditions of the exemption as specified in 310 CMR 10.04.
A forest management plan specifies forest conditions, goals, and activities for
reaching the goals. A fundamental purpose of forest management is to keep the
forest healthy and productive Goals of forest management may include recreation,
wildlife habitat enhancement, protection of water quality, and production of forest
products. Managing for a commercial product often involves practices such as
thinning, pruning, and seeding, as well as harvesting. Since these activities are
considered normal maintenance or improvement, they are exempt.
Farming in Wetland Resource Areas (1/96)
5-5
Chapter Five: The Forestry Regulations
Understanding Forestry in Massachusetts
Silviculture
Impacts to Resource
Areas
Natural regeneration typically is abundant and easy to obtain in this region.
Silviculture is a group of activities concerned with the establishment, development,
care, and reproduction of forest stands. A silvicultural system is a planned
program of treatments over the life of a stand, based primarily on a regeneration
method. Regeneration occurs through seedlings, stump sprouts, or root suckers.
Silvicultural svstems intended to foster regeneration focus on manipulating light
levels and scarifying the forest floor. There are several distinct silvicultural
systems:
• Even-aged systems such as clearcutting, shelterwood, seed tree, and coppice
provide for regeneration so that the trees in the new stand will be of
approximately the same age, and will all be cut at the end of a rotation.
• The selection system is used in uneven-aged management. Uneven-aged
stands contain at least three distinct age classes. The term "selection" should
not be confused with "selective cutting." " Selective cutting" is not a
silvicultural term.
• Intermediate treatments consist of cuts carried out in established stands to
improve the existing stand and to regulate its growth without directing effort
at promoting regeneration. Intermediate treatments regulate and improve
species composition, improve tree quality, release young stands, or reduce
competition by removing less desirable or unwanted species, or poorly
formed, injured, or over-mature trees. Types of intermediate treatments
include thinning, weeding, releasing, and improvement cuttings.
As stated earlier, harvesting in wetlands is uncommon, although some harvest of
cordwood and timber does occur. When a harvest in wetlands does take place, the
type of silviculture method that may be applied is limited by conditions in the
Wetlands Protection Act exemption and by limits in the Forest Cutting Plan, which
is reviewed and approved by DEM. For instance, since only 50 percent of the
basal area within a wetland may be harvested at any one time within a three-year
period, a clearcut or see: tree harvest within a wetland could not be conducted.
Typically, it is harvesting activities, which involve equipment, that can impact
wetland resource areas. It is not always possible to avoid crossing a resource area
to access a timber stand. Heavy equipment can cause rutting and soil compaction,
and the felling and dragging of trees can cause erosion and sedimentation,
although these impacts can be controlled with the use of BMPs. The Forest
Cutting Plans approved by DEM specify BMPs for protection of water quality and
wetlands. There is a section of the Forest Cutting Plan application that addresses
the use of BMPs and the cutting plan regulations specify requirements and
guidelines on how the work should take place. These requirements include the
stabilization of exposed areas such as skid roads, the use of filter strips, and
restrictions on the use of equipment within certain areas.
Specific types of BMPs that can be used when working in or crossing wetlands
include the placement of temporary portable bridges, wooden mats, or tree limbs
and tops directly on the surface of the wetland to support equipment. Temporary
bridges and wooden mats are removed at the completion of work. Tree limbs and
tops can be left in place, especially if their removal would cause more impacts.
For example, it would cause less damage to leave in place tops that are frozen or
embedded in the soil.
5-6
Farming in Wetland Resource Areas (1/96)
Chapter Five: The Forestry Regulations
Understanding Forestry in Massachusetts
Stream crossings are a source of potential negative impact to resource areas such
as banks and land under water. Important considerations such as type, dimension,
and maintenance of stream crossings typically are specified in Forest Cutting
Plans. In addition, the Wetlands Protection Regulations specify certain
requirements that will further minimize impacts to wetlands and water quality,
such as using BMPs and conducting work when the soil is frozen, dry, or
otherwise stable.
Streams can be crossed in a number of ways, depending on conditions present
within the stream and in the areas immediately adjacent to the stream. Streams
with shallow banks (less than one foot in height) and rocky stream beds can be
forded - crossed without the use of a structure such as a bridge - as long as the
areas immediately adjacent to the stream are stabilized (usually with tree limbs or
tops). Streams with shallow banks and soft beds or streams with steep banks
(greater than one foot in height) should be crossed with portable bridges or
culverts. See the DEM Massachusetts Forestry Best Management Practices Manual
for more information.
Timber Production The management needs for forest products vary depending on the type of product
and site conditions. Many factors influence the decision on how to manage forest
land for timber. These factors include the condition of the stand (age, species,
density), the type of soils, the size of the parcel, and access.
In Massachusetts, the overcrowding of trees often affects the quality of trees that
may be harvested for sawtimber, veneer wood, and other wood products.
Therefore, the amount of forest growth and the species composition may need to
be controlled to yield a high quality product. For this reason, there may be many
activities that need to occur within a stand before the primary harvest is achieved.
These activities may include pruning, pre-commercial harvesting, or harvesting for
an intermediate product (cordwood or pulpwood). Some or all of these activities
may occur in wetlands.
A typical timber harvesting operation has many components, and is often part of a
forest management plan. Access to and within the site is one of these components.
Access issues include access from a public way to the property, locating a landing
for the harvested trees, and using existing logging roads or creating new logging
roads where needed. These roads also may be used to conduct non-harvest
activities such as pruning and thinning.
The harvesting of trees involves many activities. The trees that are to be harvested
need to be identified and marked in the field. The harvesting equipment needs to
be brought to the site. This operation may include one person with a chainsaw and
cart for a simple cordwood harvest or several loggers with equipment and
machinery for a large timber harvest. Equipment is needed to fell the standing
trees and machinery is needed to move the felled trees. Moving the felled trees
may occur in two general ways, forwarding or skidding. Forwarding involves
carrying logs to the landing. Skidding involves dragging the merchantable portion
of the tree to the landing. From the landing, the trees or logs are transported on a
logging truck to a mill.
Whether the activity involves maintenance, harvesting, or access, impacts to
wetlands can be minimized through planning, careful operation, and compliance
with the conditions specified in the Wetlands Protection Regulations and on the
approved Forest Cutting Plan. In addition, while there may be some apparent
impacts due to the use of forestry machinery in these areas, such as rutting and the
creation of slash, the impacts generally are minor and temporary. These impacts
Farming in Wetland Resource Areas (1/96) 5-7
Chapter Five: The Forestry Regulations
Understanding Forestry in Massachusetts
can be controlled by using BMPs and often are mitigated by natural processes. For
instance, ruts created by the tracks of machinery or the winching of logs are
eliminated within a year or two by the natural freezing and thawing of the ground,
provided that the ruts are not filled with gravel or similar material. The use of
BMPs such as waterbars or broadbased dips on skid trails are relatively simple
techniques that can be used to minimize erosion.
Maple Sugar Maple syrup is another Massachusetts forest product. There are approximately 200
Production maple producers in Massachusetts, producing about 40,000 gallons of syrup
annually with a retail value of over $1.6 million. While maple sap is considered an
agricultural commodity in the Wetlands Protection Regulations, maple sugarbush
management may be seen as a hybrid of agriculture and forestry activities. Forests
which contain sugar maple trees may be managed expressly for the production of
sap, which is harvested as a crop from the sugar maple stand, known as a
sugarbush. Maple sugar production often is an integral component of a diversified
farm.
Maple sugaring involves harvesting and processing maple sap into maple syrup
and other maple products. It also involves the management of the sugar maple
trees primarily by pruning and thinning. It may involve managing a woodlot for
cordwood. This cordwood may be used to fuel an evaporator or it may be sold to
purchase another fuel. Only those normal maintenance and improvement activities
related to managing the sugarbush (the maple sap producing trees), the harvest of
the sap, and the management and harvesting of the woodlot are considered
exempt. Harvesting of cordwood to fuel the evaporator is exempt as long as it is
conducted in accordance with the provisions for cutting for one's own use.
Harvesting of wood for commercial sale to purchase another fuel for the
evaporator is an exempt activity provided that the work is done with an approved
Forest Cutting Plan and meets the other provisions of the exemption.
In general, forest management practices to obtain maximum production of maple
sap are different from those for management for timber or cordwood. Many
naturally seeded forests of sugar maples are tapped for sap but volume and
sweetness may be quite low. Often, active management can improve production
and quality. Another type of sugarbush might be referred to as "non-forest," and
may be found as part of pasture land, along roads, fence lines, and hedgerows.
These areas, if managed, are considered land in agricultural use. The planting of a
sugarbush is rare. The composition of sugarbushes and their specific management
needs vary.
Managing the forest for maple products and harvesting those products are
considered normal maintenance practices. Managing a sugarbush includes thinning,
crop-tree selection, provision for regeneration, and protection from pests, grazing,
and road impacts.
The processing of sap to syrup takes place in sugar houses which contain
evaporating equipment, filters, bottling equipment, and sometimes a packaging and
a sales section. While the harvesting (collection) of sap is exempt from the
Wetlands Protection Regulations, the processing of sap into maple products is not
exempt. Also, constructing a sugar house in an area subject to the Wetlands
Protection Regulations is not exempt.
5-8 Farming in Wetland Resource Areas (1/96)
Chapter Five: The Forestry Regulations
Forestry Provisions of Chapter 131, Section 40
Forestry Provisions of Chapter 131, Section 40
Exempt Activities The Wetlands Protection Act (WPA) provides an exemption for "work performed
for normal maintenance or improvement of land in agricultural use." In the
Wetlands Protection Regulations (310 CMR 10.00), forestry is considered an
agricultural activity. Therefore, the forestry provisions of the Wetlands Protection
Regulations are included with other agricultural activities under 310 CMR 10.04
Agriculture, in the definitions section. In the forestry provisions of the Wetlands
Protection Regulations, only those portions of the forest that are subject to
the jurisdiction of the Wetlands Protection Act (i.e. in wetland resource areas
and buffer zones) are regulated. Forestry activities outside these areas are not
regulated, unless and until such activity causes an impact, such as siltation, to a
resource area.
As with other agricultural activities, certain forestry activities are exempt from
WPA review if they:
1 ) meet the definition of "normal maintenance or improvement of land in
agricultural use";
2) meet general conditions for the exemption; and
3) meet specific conditions for individual activities included in the
exemption.
It is the activity, or the work, that is exempt, not the land. Even though a parcel of
land within jurisdiction is forested, a particular activity on that land may not be
exempt from the Wetlands Protection Act. Not all activities that take place in the
woods, including on a farm woodlot, are exempt. For example, cutting trees to
establish a trail or a scenic view is not exempt.
Exempt activities are those that are performed as "normal maintenance" or "normal
improvement." For forestry, normal maintenance activities involve the management
and harvesting of forest products, either for commercial sale or for one's own use
within certain thresholds. The activities that are considered to be "normal
maintenance or normal improvement of land in agricultural use" are described in
the Wetlands Protection Regulations (310 CMR 10.04 Agriculture).
For an activity to qualify for an exemption it must take place on forest land that is
"land in agricultural use," meaning land presently and primarily used to grow
forest products such as biomass, sawlogs, and cordwood. Because forest products
take a long time to grow, it is sometimes difficult to show active use.
Nonetheless, for the forestry activity to qualify for the exemption, the land
must be devoted to continued production of forest products. Evidence of such
committed use would include, for example, a 10-year Forest Management Plan
such as required for Chapter 61 or enrollment in a federal or state program to
improve forest resources such as the Stewardship Incentive Program. A Forest
Cutting Plan approved by DEM also is evidence of continued forest land use.
However, lack of these formal plans does not necessarily mean the land is not
devoted to continued production of forest products.
Land undergoing a change from forest to development or to open land for farming,
and forests used only for recreation or scenic amenity do not qualify as "land
maintained in forest use." Therefore, such activities occurring in wetland resource
areas or buffer zones would not be exempt from the Wetlands Protection
Regulations.
Farming in Wetland Resource Areas (1/96) 5-9
Chapter Five: The Forestry Regulations
Forestry Provisions of Chapter 131, Section 40
A necessary and related forestry activity is the creation and use of landings for
forest products. These are areas where wood that is being harvested is collected
and stored prior to being removed from the site by logging trucks. However, the
exemption for landings specifies that they must not be located in Bordering
Vegetated Wetlands or banks.
Normal maintenance
activities
The maintenance of existing forest boundary lines up to five feet wide,
maintenance of fire breaks on state lands, and the non-harvest management
practices of pruning, pre-commercial thinning, or the planting of seedlings are
considered normal maintenance activities. These activities are exempt from the
Wetlands Protection Regulations.
Commercial harvesting of forest products from a resource area is an exempt
activity if it is carried out in accordance with the Forest Cutting Plan Regulations
(304 CMR 1 1 .00) and complies with other conditions identified in the agricultural
provisions of the Wetlands Protection Regulations. Therefore, an approved Forest
Cutting Plan is needed from DEM, as well as compliance with the Wetlands
Protection Regulations.
Another exempt maintenance activity is the harvesting of trees by owners for their
own use, provided threshold limits and all conditions are observed, and a Forest
Cutting Plan is obtained when necessary.
• The harvesting of trees during any 12-month period within a wetland
resource area or buffer zone is exempt if it does not exceed 5,000 board feet
or 10 cords and the following conditions are met:
crown cover in the harvested area shall be 50 percent or greater after
the harvest;
— work shall occur only when the ground is frozen, dry, or otherwise
stable;
- there shall be no cutting, removal, or destruction of trees and
understory vegetation within 25 feet of a bank;
~ slash cannot be placed within 25 feet of a bank;
~ there shall be no filling, excavation, or other change in topography or
hydrology; and
- landings cannot be placed in a Bordering Vegetated Wetland or on a
bank.
(Note: a Forest Cutting Plan is not required for this category.)
• The harvesting of trees during any 12-month period within a wetland
resource area greater than 5,000 board feet or 10 cords, but less than 10,000
board feet or 20 cords, is exempt if an approved Forest Cutting Plan is
obtained and the work meets the following conditions:
~ crown cover in the harvested area shall be 50 percent or greater after
the harvest;
— slash cannot be placed within 25 feet of a bank;
- there shall be no filling, excavation, or other change in topography or
hydrology; and
— landings cannot be placed in a Bordering Vegetated Wetland or on a
bank.
Normal improvement
activities
Normal improvement forestry activities constitute a small section of the
exemption, because most activities on land devoted to forest use are considered
maintaining the land in production. An exempt forestry improvement activity is the
installation of new forest boundaries up to five feet wide.
5-10
Farming in Wetland Resource Areas (1/96)
Chapter Five: The Forestry Regulations
Forestry Provisions of Chapter 131, Section 40
Change in commodity
Accessways
While a change of agricultural commodity within a wetland (e.g. from corn to
tomatoes) is exempt under the Agricultural Regulations, changing from forest
production or sap production to another agricultural commodity is not exempt. For
example, changing from forest use within a wetland to a pasture or cropfield
requires a permit.
Construction and maintenance of temporary accessways for commercial harvesting
or for cutting of forest products for one's own use are exempt from the Wetlands
Protection Regulations provided that certain conditions in 310 CMR 10.04(b)(16)
are met. An accessway may only be placed in a resource area if it is shown to be
impractical to avoid that location.
Where access through a resource area cannot be avoided, the impacts to the
resource area must be minimized by:
— constructing the access according to BMPs;
~ conducting the activity when the soil is frozen, dry, or otherwise stable;
— stabilizing the accessway to prevent erosion into wetland resource areas;
— designing the accessway to allow unobstructed passage of flows from a
2 5 -year storm event;
— removing the accessway or stream crossing within one year of completing
the work; and
— substantially restoring the topography and site conditions so that pre-
existing vegetation can return.
Construction of new permanent accessways is not an exempt activity and requires
a permit.
Limited Projects
for Non-Exempt
Forestry Activities
Some forestry activities in resource areas or buffer zones are not exempt from the
Wetlands Protection Regulations. However, several new limited projects related to
forestry activities have been created in the regulations. These limited projects are
permanent accessways for forestry and cutting of trees for one's own use within
specific thresholds: more than 10,000 but less than 25,000 board feet or more than
20 but less than 50 cords. [Note: these thresholds are higher than the limits for the
exemption.]
In these cases, a Notice of Intent must be filed with the local Conservation
Commission and an Order of Conditions must be issued. Forestry limited projects
must meet some general requirements such as the use of BMPs. Conservation
Commissions also have the discretion to include other conditions as needed to
protect -the interests identified in the Act.
Constructing an accessway to remain in place after completion of a harvest, or
converting what was originally a temporary accessway to permanent status are
limited projects, and require a permit. In addition to other limited project
requirements, the work must be carried out under a DEM Forest Cutting Plan or
on land subject to a permanent conservation restriction that maintains the land in
perpetual forest use.
Cutting of trees by owners for their own use above the exempt activity threshold
may be permitted under a limited project. Cutting of more than 10,000 board feet
or 20 cords, but less than 25,000 board feet or 50 cords within resource areas
requires the filing of a Notice of Intent with the local Conservation Commission.
Farming in Wetland Resource Areas (1/96)
5-11
Chapter Five: The Forestry Regulations
Forestry Provisions of Chapter 131, Section 40
Relationship with
Sections 401 and
404 of the federal
Clean Water Act
Enforcement
Recommended
Procedures
Forestry activities that are exempt under the Wetlands Protection Act and its
regulations generally do not require state review or certification under Section 401
of the federal Clean Water Act. [See related information in Chapter Two.] If there
is any question about whether the proposed activity is exempt from Section 404,
landowners should consult the United States Army Corps of Engineers (see
Appendix A for contact information).
In certain circumstances, enforcement may be necessary to achieve wetlands
protection and effective administration of the Wetlands Protection Act.
Enforcement techniques are available to stop an illegal activity, require the filing
of a Notice of Intent, control future work, restore illegally altered areas, and
punish and deter violators.
With respect to forestry activities, a violation of the Wetlands Protection Act may
occur if the activity:
is an exempt activity but is not conducted according to the general
conditions or specific conditions of the exemption;
— is a non-exempt activity and is conducted without a valid Order of
Conditions or does not conform to a valid Order of Conditions.
If a violation is observed or suspected, verification of the violation is necessary.
The Conservation Commission should contact a DEM Service Forester in their
region for information or assistance (see Appendix A). The Commission should be
prepared to provide some general information to the Service Forester, including
location of the activity, whether a Forest Cutting Plan certificate has been posted,
and specific concerns about the project. (Note: a Forest Cutting Plan certificate
should be posted at the entrance to the job site as a requirement of the Forest
Cutting Plan Regulations.) If the work is being conducted under an approved
Forest Cutting Plan, the Service Forester is responsible for checking compliance
under that approval. The Conservation Commission and the Service Forester
should cooperate to bring the activity into compliance.
In certain circumstances, the Conservation Commission may need to act
immediately. If the Service Forester cannot be contacted or if the activity is
causing extreme impacts to wetlands, the Conservation Commission should work
with the landowner or logger to correct the problem. As with other agricultural
activities, sometimes informal enforcement is sufficient and effective. Resolution
of a problem through a site visit, telephone call, or letter can clear up
misunderstandings and achieve compliance or remediation without resorting to
formal enforcement measures. However, it may be appropriate to issue an
enforcement order to stop work.
Any enforcement action must be limited to those activities that are affecting
wetland resource areas. The Commission should follow up by contacting the
Service Forester so that the Commission and DEM can work together to bring the
work into compliance.
DEP and DEM have developed a Memorandum of Understanding (MOU) (See
Appendix I) that establishes a basis for cooperation between the two agencies. The
MOU addresses the coordination and implementation of the Wetlands Protection
Act Regulations and the Forest Cutting Practices Act Regulations, as well as each
agency's role in enforcement. The MOU also recommends procedures for
Conservation Commissions regarding the review of Forest Cutting Plans and
enforcement.
5-12
Farming in Wetland Resource Areas (1/96)
Chapter Five: The Forestry Regulations
Working with Chapters 131 and 132
Working with Chapters 131 and 132
'Overview of
Chapter 132
Forest Cutting Plans
The Forest Cutting Practices Act (Massachusetts General Law Chapter 132,
Sections 40-46) regulates the harvest of forest products. The Act (FCPA) and its
regulations (304 CMR 11.00) are administered by the Massachusetts Department
of Environmental Management, Division of Forests and Parks. The FCPA
regulates cutting on forest lands to ensure that the following interests are not
jeopardized:
• conservation of water
• maintenance of air and water quality
• prevention of floods
• prevention of soil erosion
• improving conditions for wildlife
• improving conditions for outdoor recreation
• continuing and increasing the supply of forest products
Any commercial harvest is subject to the FCPA, with the exception of: clearing of
rights of way for public utilities and public highways; maintenance cutting in
pastures; cutting for non-commercial use of the landowner; clearing land for
cultivation; clearing land for a change of use such as development or mining; and
small, commercial harvests (not exceeding 25,000 board feet or 50 cords).
The FCPA requires that before forest cutting takes place, the landowner must
provide written notice to the local Conservation Commission and the appropriate
DEM regional office. This notice consists of a completed Forest Cutting Plan.
The Forest Cutting Plan provides information about the area to be harvested, such
as the owner's objectives, the trees to be harvested, location of roads and landings,
location of wetland resource areas, and location and description of any stream or
wetland crossings. There is a special section of the application devoted to wetland
issues. The plan also includes information about the landowner and identifies the
licensed timber harvester. The landowner must provide notice of the filing to
certain abutters specified in the Forest Cutting Plan Regulations.
On the recently revised DEM Forest Cutting Plan form there is a check-off for
rare species. The forester will check the area described in the plan against the rare
species atlas issued by the Massachusetts Natural Heritage and Endangered
Species Program (NHESP). If the area to be harvested is indicated to be in
estimated wetland or upland rare species habitat, the plan is forwarded to NHESP.
NHESP will determine if there is a potential impact and will advise DEM. If
necessary, DEM will make appropriate changes to the plan.
The DEM Service Forester reviews the cutting plan for conformance with the
FCPA and its regulations. When the plan is approved, the landowner is provided
with a copy of the approved plan and a cutting plan certificate, which must be
posted at the entrance to the harvest area.
The local Conservation Commission has the opportunity to comment to DEM on
the plan before it is approved. This allows Commissions to review the Cutting
Plan and to raise concerns regarding wetlands locations or impacts before the
activity commences. Conservation Commissions are strongly encouraged to work
closely with the DEM Service Foresters when reviewing a Forest Cutting Plan or a
harvesting activity.
The FCPA regulations contain detailed standards and guidelines for harvest
activities. All harvest methods must ensure regeneration of the forest. There are
Farming in Wetland Resource Areas (1/96)
5-13
Chapter Five: The Forestry Regulations
Working with Chapters 131 and 132
standards for cutting, roads, trails and landings, buffer strips, filter strips, wetlands,
and certified vernal pools. The standards for wetland resource areas are detailed
and stress avoiding or minimizing access through wetlands. When access is
unavoidable, it must be built, stabilized, and maintained according to BMPs.
Relationship
between Chapters
131 and 132
With the recent revisions to both the Chapter 131 and Chapter 132 regulations,
and the accompanying Memorandum of Understanding between DEM and DEP,
these interrelated regulations now function in a clear, coordinated way for
landowners as well as agency staff. Basically, this relationship enables landowners
to qualify for some agricultural exemptions under the Wetlands Protection Act by
meeting the regulatory requirements of the FCPA.
Under the Wetlands Protection Regulations, certain forestry activities such as
commercial harvesting and cutting for one's own use within thresholds are exempt
from review only with an approved Forest Cutting Plan. Commercial harvesting is
exempt from the Wetlands Protection Act provided that:
a Forest Cutting Plan is properly filed with both DEM and the local
Conservation Commission;
wetland resource areas are properly identified on the Plan;
• the Plan is approved by the (DEM) Director or his/her agent;
• the Plan is properly and faithfully executed; and
certain additional conditions are complied with as specified in the
Wetlands Protection Regulations.
Therefore, while an approved Forest Cutting Plan is necessary to meet the
agriculture exemption, the additional conditions included in the Wetlands
Protection Regulations also must be met. The additional conditions include the
general exemption conditions required for all exempt agricultural activities:
• the activity is "undertaken in such a manner as to prevent erosion and
siltation of adjacent water bodies and wetlands" (310 CMR 10.04(b));
the activity is conducted in accordance with federal and state laws;
• the activity results in no dredging or filling of salt marsh; and
• the activity results in no substantial amount of fill in Bordering Land
Subject to Flooding.
Other conditions are specific to the exemption for activities that are conducted
with a Forest Cutting Plan and include:
• landings shall not be located in a Bordering Vegetated Wetland or on a
bank;
exposed soils shall be stabilized;
• .there is no filling, excavation, or other change in topography or hydrology
(except where allowed for construction of accessways);
the cutting and removal of trees within Bordering Vegetated Wetlands
shall be limited to 50 percent of the basal area;
• work shall be conducted when the ground is frozen, dry, or otherwise
stable to support the equipment; and
• the cutting plan application shall be submitted to the Conservation
Commission and DEM not less than 10 days prior to the work.
[Note: the Conservation Commission has the opportunity to comment to DEM on
the plan during the 10-day period before it is approved. However, Commissions
also are able to comment on Forest Cutting Plans even after that period.]
Cutting of trees for one's own use and construction of accessways for forestry
activities have additional conditions that were discussed earlier in this Chapter.
5-14
Farming in Wetland Resource Areas (1/96)
Chapter Six:
Forestry Practices and Terms
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Chapter Six: Forestry Practices and Terms
Introduction
Chapter Six: Forestry Practices and Terms
Introduction
This chapter contains descriptions of many forestry practices and terms. It offers a
basic introduction lo terms and practices that may be unfamiliar to the non-
farming reader. This list is not meant to provide an exhaustive catalog of all
forestry activities; the contents have been chosen to focus attention on those
practices that are quite common and may interact with resources that are under the
jurisdiction of the Wetlands Protection Act.
It is important to understand that the terms and practices listed here are not
necessarily "exempt" or "normal" just because they are included in this
document; exemption depends on a number of factors, such as location, that must
be taken into account. However, it is likely that these practices typically would be
considered normal maintenance or improvement when performed in the proper
context and on an appropriate scale. It also is important to understand that if a
practice or term is not listed here, it does not mean that it should not be
considered "normal."
Note: In the following sections, an asterisk (*) next to the term or practice means
that the agriculture provisions of the Wetlands Protection Regulations specifically
identify limitations on that term or practice.
Farming in Wetland Resource Areas (1/96) 6-1
Chapter Six: Forestry Practices and Terms
Practices and Terms
Practices and Terms
*Accessway: a road over which logging trucks, skidders, tractors, and other
forestry vehicles pass to reach the logging site or landing.
Basal area: the area, in square feet, of the cross section of a tree taken at breast
height (4.5 feet above the ground).
Best management practice (BMP): a method, measure, or practice based on the
best available research and scientific information and that is technically and
economically feasible. For forest management practices, BMPs primarily address
methods for controlling erosion, water quality impacts, and non-point source
pollution.
Biomass: wood fiber used to generate energy; an example is chipped wood that is
used to fuel biomass energy facilities.
Board foot: a quantity of wood one inch by one foot by one foot, commonly used
to estimate the volume of wood in a tree, sawlog, veneer log, or piece of lumber.
Broadbased dip: a BMP in which an area along a road or skid trail is sloped to
divert stormwater runoff from the road or skid trail into a filter strip.
Coniferous: trees that produce cones (e.g. pine or hemlock).
Consulting forester: a forester who acts as an agent for individuals, firms, or
other clients by providing various services, including boundary marking,
management planning, and timber sale administration.
Coppice growth: vegetative growth from a cut stump or root system.
Cord: a unit of measure for stacked wood, defined as 128 cubic feet of wood,
bark, and air space.
Corduroy: logs or poles laid crosswise and side by side to support equipment on
an accessway. When used in a stream or wetland, the corduroy is usually laid
parallel to the flow of water.
Cordwood: any wood cut to stackable lengths and used in a wood stove or
fireplace to generate heat. Also known as fuelwood.
*Crown cover: the percent of the ground's surface that would be covered by a
vertical projection of foliage from trees with a diameter at breast height of five
inches or greater, where minor gaps between branches are disregarded and areas of
overlapping foliage are counted only once.
Deciduous: trees that drop all of their leaves once a year (e.g. maple or ash).
Diameter at breast height (djbh): the size of a tree measured through the trunk at
4.5 feet above the ground.
*Fire break: a vegetation-free strip of land strategically placed to help stop fires
from spreading. Also known as a fire lane.
6-2 Farming in Wetland Resource Areas (1/96)
Chapter Six: Forestry Practices and Terms
Practices and Terms
Ford: a location at a stream where the banks are firm and shallow (less than one
foot in height) and the stream bed is rocky so that equipment can cross without a
structure.
Forest: land where the crowns of trees of any size occupy at least 15 percent of
the area and that contains at least 7.5 square feet of basal area per acre; or land
with a plantation containing at least 500 trees per acre; or land recently harvested
that is in the process of regenerating.
*Forest boundary/forest boundary line: the property line of a forested property
marked with signs, paint, or other markings; also may consist of cleared paths
typically about five feet wide.
*Forest Cutting Plan: a plan for the cutting of trees submitted in accordance with
Massachusetts General Law Chapter 132, Sections 40-46 and regulations at 304
CMR 11.00.
Forest management plan: a long-term plan for management of forested property,
typically prepared by a consulting forester; required for enrollment in Chapter 61.
Forest products: a variety of harvested materials from the forest, including but
not limited to: sawlogs, cordwood, pulpwood, and biomass, but not including the
gathering of foraged products such as nuts or berries.
Intermediate cut: a silvicultural practice conducted in an established stand
between the seedling stage and maturity to improve the existing stand and to
regulate its growth without any effort directed at promoting regeneration.
*Landing: a location on a property where forest products such as logs are brought
by a skidder, forwarder, or tractor and assembled for loading and transporting over
public roads for processing.
Licensed timber harvester: a person licensed under Chapter 132 as a timber
harvester; he or she must show familiarity with laws and regulations regarding
timber harvesting.
Massachusetts Forestry Best Management Practices Manual: a guide prepared
by the Department of Environmental Management and the University of
Massachusetts/Department of Forestry and Wildlife Management that provides
foresters and timber harvesters with best management practices (BMPs) and
guidelines to minimize erosion from harvesting operations; most recently updated
in 1995.
Pre-commercial thinning: the cutting or killing in place of trees with little or no
commercial value in order to improve the residual stand.
Pulpwood: wood used to make pulp for paper and paper products.
Rotation: the total number of years from the initial establishment of a stand to
maturity and final harvest.
Sawlog: a log that is sawed into lumber that meets regional standards of diameter,
length, and freedom from defect, including a minimum eight-foot length and a
minimum diameter at the small end of six to eight inches.
Farming in Wetland Resource Areas (1/96) 6-3
Chapter Six: Forestry Practices and Terms
Practices and Terms
Sawtimber: trees that have a diameter at breast height of at least 9.6 inches.
Seed tree: any tree of seed-bearing age used in the seed-tree method of
regenerating a stand, where a small number of trees per acre of seed-bearing age
are retained to reseed the area.
Shelterwood: a forest management method used in mature even-aged stands,
where one to three cuttings are made to encourage natural regeneration of the
stand from seed growth and to protect the regeneration.
Silviculture; the theory and practice of controlling forest establishment,
composition, and growth.
*Skid road/skid trail: a system of trails in the woods over which logs are moved
from the stump to the landing.
*Slash: the branches, bark, tops, chunks, stumps, and uprooted or broken trees left
on the ground after logging.
Stand: a contiguous area where the species, size, age, and general condition of the
trees are uniform enough to be distinguished from adjacent areas; often coincides
with a forest type.
Sugarbush: a stand of sugar maple trees managed for the production of maple
sap; may include only sugar maple trees or a mixed stand of sugar maple and
hardwood trees, containing timber, fuelwood, and sap-producing trees.
Timber stand improvement (TSD: a collective term for one of several
intermediate treatments or non-harvest activities used to give a competitive
advantage to the desired trees in a forest stand. TSI includes release cutting,
improvement cutting, thinning, and pruning.
Waterbar: a BMP in which soil or poles are used as a perm to divert stormwater
runoff from a road or skid trail into a filter strip.
6-4 Farming in Wetland Resource Areas (1/96)
Appendix A
Resources and References
Appendices
A. Resources and References
U.S. Natural
Resources
Conservation
Service Field
Offices and
District
Conservationists
(formerly called the Soil
Conservation Sen'ice)
State Headquarters
451 West Street
Amherst, MA 01002-2995
(413) 253-4350
Cecil Curran, State Conservationist
Barnstable Field Office (serving the Cape Cod, Dukes, and Nantucket
Conservation Districts)
Flintrock Road
P.O. Box 709
Barnstable, MA 02630
(508) 362-9332
Donald W. Liptack, District Conservationist
Greenfield Field Office (serving the Franklin Conservation District)
55 Federal Street, Room 270
Greenfield, MA 01301
(413) 772-0384
Diane Leone, District Conservationist
Holden Field Office (serving the Northeastern, Northwestern, and
Southern Worcester Conservation Districts)
The Medical Arts Center Building
52 Boyden Road
Holden, MA 01520-2587
(508) 829-6628
Ronald E. Thompson, District Conservationist
Northampton Field Office (serving the Hampden and Hampshire
Conservation Districts)
Potpourri Mall
243 King Street, Room 39
Northampton, MA 01060
(413) 586-5440
Deborah Johnson, District Conservationist
Pittsfield Field Office (serving the Berkshire Conservation District)
78 Center Street (Arterial)
Pittsfield, MA 01201
(413)443-6867
Mark W. Grennan, District Conservationist
Farming in Wetland Resource Areas (1/96)
A-l
Appendix A
Resources and References
West Wareham Field Office (serving the Bristol, Norfolk, and
Plymouth Conservation Districts)
15 Cranberry Highway
West Wareham, MA 02576
(508) 295-7962
Leonard R. Reno, Jr., District Conservationist
Westford Field Office (serving Essex, Middlesex, and Suffolk
Conservation Districts)
319 Littleton Road, Suite 205
Westford, MA 01886
(508)692-5163
Daniel J. Lenthall, District Conservationist
Massachusetts
Department of
Environmental
Protection,
Division of
Wetlands and
Waterways
Questions about the Wetlands Protection Act and regulations can be directed
to wetlands staff in DEP's Boston office and four regional offices.
Boston Office
David B. Struhs, Commissioner
One Winter Street, 8th Floor
Boston, MA 02108
(617)292-5695
. FAX (617) 292-5696
Robert Golledge, Acting Director
Michael Stroman, Assistant Program Manager, Wetlands Protection
Program
Richard Tomczyk, Regional Coordinator, Wetlands Protection
Program
Central Regional Office
75 Grove Street
Worcester, MA 01605
(508) 792-7650
FAX (508) 792-7651
Philip Nadeau, Section Chief, Wetlands Protection Program
Northeast Regional Office
10 Commerce Way
Woburn, MA 01801
(617) 932-7600
FAX (617) 932-7615
James Sprague, Section Chief, Wetlands Protection Program
Southeast Regional Office
20 Riverside Drive
Lakeville, MA 02347
(508) 946-2800
FAX (508) 947-6557
Elizabeth Kouloheras, Section Chief, Wetlands Protection Program
A-2
Farming in Wetland Resource Areas (1/96)
Appendix A
Resources and References
Western Regional Office
State House West, 4th Floor
436 Dwight Street
Springfield, MA 01103
(413) 784-1100
FAX (413) 784-1149
Robert McCollum, Section Chief, Wetlands Protection Program
Massachusetts
Department of
Environmental
Management,
Division of
Forests and Parks
Department of Environmental Management
Leverett Saltonstall Building
100 Cambridge Street, 19th floor
Boston, MA 02202
(617) 727-3180
Copies of the Massachusetts Forestry Best Management Practices
Manual can be obtained from DEM's Boston office and regional
headquarters. DEM Service Foresters can be contacted through
regional headquarters.
DEM, Division of Forests and Parks, Regional Offices:
(Note: Office hours are 8:00 a.m. to 4:30 p.m. on weekdays.)
Region I Headquarters: Southeastern Massachusetts (Barnstable,
Bristol, Islands, Norfolk, and Plymouth Counties)
Division of Forests and Parks
Myles Standish State Forest
Cranberry Road, Box 66
South Carver, MA 02566
(508) 866-2580
Region II Headquarters: Northeastern Massachusetts (Essex and
Middlesex Counties)
Division of Forests and Parks
Carlisle Regional Headquarters
817 Lowell Road, P.O. Box 829
Carlisle, MA 01741
(508) 369-3351
Region III Headquarters: Central Massachusetts (Worcester County)
Division of Forests and Parks
Worcester County Regional Office
Route 110, Box 155
Clinton, MA 01510
(508) 368-0126
Farming in Wetland Resource Areas (1/96)
A-3
Appendix A
Resources and References
Region IV Headquarters: Connecticut Valley (Franklin, Hampden,
and Hampshire Counties)
Division of Forests and Parks
Connecticut Valley Regional Office
P.O. Box 484
University of Massachusetts
Amherst, MA 01004
(413) 545-5993
Region V Headquarters: Berkshire (Berkshire County)
Division of Forests and Parks
Berkshire County Regional Office
South Mountain Visitors Center
740 South Street, P.O. Box 1433
Pittsfield, MA 01202
(413)442-8928
DEM Forest Stewardship Program
463 West Street
Amherst, MA 01002
413/256-1201
Massachusetts
Association of
Conservation
Commissions
(MACC) and
MACC West
Massachusetts Association of Conservation Commissions (MACC):
Main Office
Sally A. Zielinski, Executive Director
10 Juniper Road
Belmont, MA 02178
(617) 489-3930
FAX (617)489-3935
Massachusetts Association of Conservation Commissions: Western
Outreach Office
Alexandra D. Dawson, Esq., Coordinator
2 West Street
Hadley, MA 01035
(413) 584-2724
Cape Cod
Cranberry
Growers
Association
Cape Cod Cranberry Growers Association
P.O. Box 730
East Wareham, MA 02538
(508) 295-4895
FAX (508) 291-1511
Massachusetts
Aquaculture
Association
Massachusetts Aquaculture Association
P.O. Box 209
Barnstable, MA 02630
(508) 240-5342
A-4
Farming in Wetland Resource Areas (1/96)
Appendix A
Resources and References
Massachusetts
Forestry
Association
Massachusetts Forestry Association
P.O. Box 1096
Belchertown, MA 01007-1096
Massachusetts
Association of
Professional
Foresters
Massachusetts Association of Professional Foresters
P.O. Box 9505
North Amherst, MA 01059-9505
Massachusetts
Association of
Timber Harvesters
Massachusetts Association of Timber Harvesters
P.O. Box 484
Athol, MA 01331
Massachusetts
Wood Producers
Association
Massachusetts Wood Producers Association
P.O. Box 455
Northampton, MA 01061
Massachusetts
Audubon Society
Massachusetts Audubon Society
208 South Great Road
Lincoln, MA 01773
(617) 259-9500
University of
Massachusetts
Extension
University of Massachusetts Extension
212 Stockbridge Hall
University of Massachusetts
Amherst, MA 01003-0099
(413) 545-4800
(Please call this number for all agent and department referrals.)
Massachusetts
Department of
Food and
Agriculture
Department of Food and Agriculture
Jonathan L. Healy, Commissioner
100 Cambridge Street, 21st floor
Boston, MA 02202
(617)727-3000
FAX (617) 727-7235
Central Massachusetts Office
142 Old Common Road
Lancaster, MA 01523
(508) 792-7712
Farming in Wetland Resource Areas (1/96)
A-5
M^M
Appendix A
Resources and References
Division of Agricultural Development
(617) 727-3018 xl88
Bureau of Land Use
(508) 792-7712
Bureau of Markets
(617) 727-3018x173
Bureau of Education and Outreach
(617)727-3018x178
Bureau of Fairs and Equine Activities
(617)727-3018x166
Division of Dairy Services
(617) 727-3018x180
Division of Regulatory Services
(617) 727-3020x120
Bureau of Animal Health
(617) 727-3018x121
Bureau of Farm Products
(617) 727-3018x141
Pesticide Bureau
(617) 727-3000x127
Bureau of Plant Pest Control
(617) 727-3000 xl23
New England
Small Farm
Institute
New England Small Farm Institute
Judith F. Gillan, Executive Director
P.O. Box 937
Belchertown, MA 01007
(413)323-4531
FAX (413)323-9594
Massachusetts
Society of
Municipal
Conservation
Professionals
Massachusetts Society of Municipal Conservation Professionals
Brian Monahan, President
c/o Massachusetts Association of Conservation Commissions
10 Juniper Road
Belmont, MA 02178
(617)489-3930
A-6
Farming in Wetland Resource Areas (1/96)
Appendix A
Resources and References
Massachusetts
Farm Bureau
Federation
Massachusetts Farm Bureau Federation
15 Great Road, P.O. Box 651
Bedford, MA 01730
(617)275-4374
FAX (617) 275-7420
(Please contact this office for county chapter information.)
U.S. Army Corps
of Engineers
Army Corps of Engineers
Regulatory Division
424 Trapelo Road
Waltham, MA 02254-9149
(800) 362-4367
(617)647-8335
Conservation
Districts in
Massachusetts
Massachusetts Association of Conservation Districts
Irvil Kear, President
319 Littleton Road, Suite 205
Westford, MA 01886
(508) 692-9395
FAX (508) 392-1305
Berkshire Conservation District
78 Center Street
Pittsfield, MA 01201
(413)443-1776
Bristol Conservation District
P.O. Box 475
Dighton, MA 02715
(508) 669-6558
Cape Cod Conservation District
P.O. Box 296
West Barnstable, MA 02668
(508) 362-6327
Dukes Conservation District
P.O. Box 1010
Edgartown, MA
(508) 627-9088
Essex Conservation District
562 Maple Street
Hathome, MA 01937
(508) 774-5578
Farming in Wetland Resource Areas (1/96)
A-7
Appendix A
Resources and References
Franklin, Hampden, and Hampshire Conservation Districts
243 King Street, Room 39
Northampton, MA 01060
(413) 584-1464
Middlesex Conservation District
319 Littleton Road, Suite 205
Westford, MA 01886
(508) 692-9395
Nantucket Conservation District
P.O. Box 1146
Nantucket, MA 02554
(508) 228-0714
Norfolk Conservation District
400 Main Street
Walpole, MA 02081
(508) 668-0995
Worcester Conservation Districts (Northeastern, Northwestern, and
Southern)
91 McCormick Road
Spencer, MA 01562
(508) 885-2595
Plymouth Conservation District
15 Cranberry Highway
West Wareham, MA 02576
(508) 295-5495
Resource
Conservation and
Development
Areas
Berkshire Pioneer Resource Conservation and Development Area
Michael A. Whalen, Coordinator
463 West Street
Amherst, MA 01002
(413)256-1607
FAX (413) 253-4375
Pilgrim Resource Conservation and Development Area
Deborah K. Johnson, Coordinator
15 Cranberry Highway
West Wareham, MA 02576
(508) 295-1317
A-8
Farming in Wetland Resource Areas (1/96)
Appendix A
Resources and References
Massachusetts
Division of
Fisheries and
Wildlife
Division of Fisheries and Wildlife
Leverett Saltonstall Building
100 Cambridge Street, 19th floor
Boston, MA 02202
(617) 727-3151
Division of Fisheries and Wildlife
Field Headquarters
Route 135
Westborough, MA 01581
(508) 366-4479
Natural Heritage
and Endangered
Species Program
Natural Heritage and Endangered Species Program
Henry Woolsey
Route 135
Westborough, MA 01581-3337
(508) 792-7270 x200
Agricultural
Composting
Association
Agricultural Composting Association
P.O. Box 608
Belchertown, MA 01007
(413) 323-9294
Farming in Wetland Resource Areas (1/96)
A-9
Appendix A
Resources and References
Department of Environmental Protection
Wetlands and Waterways Addresses
DEP Boston
One Winter Street
Boston, MA 02108
Fax: 617-556-1049
Telephone: ^17-292-5695
William X. Wall
Experiment Station
37 Shattuck Street
Lawrence, MA 01843
Fax: 508-688-0352
Division of Environmental Analysis
Telephone: 508-682-5237
Air Quality Surveillance
Office of Watershed
Management
P.O Box 116
N. Grafton, MA 01536-0116
Fax: 508-839-3469
Telephone: 508-792-7470
Millbury Training Center
Route 20
Millbury, MA 01527
Fax: 508-755-9253
Telephone: 508-756-7281
Residuals Sludge Managemen
Telephone: 508-752-8648
WWT Operator Certification
Telephone: 508-756-2214
DEP Western Region
436 Dwight Street
Suite 402
Springfield, MA 01103
Telephone: 413-784-1100
Fax: 413-784-1149
Adams
Colram
Hampden
Monroe
Pntsfieid
Tynngham
Agawam
Conway
Hancock
Montague
PlamfieW
Wales
Altord
Cummington
Hatfield
Monterey
Richmond
Ware
Amherst
Dalton
Hawley
Montgomery
Rowe
Warwick
Ashtieid
Deerfieid
Heath
Monson
Russell
Washington
Becket
Easthampton
Hinsdale
Mount Washington
Sandisfield
Wendell
Belchertown
East Longmeadow
Holland
New Ashtord
Savoy
Westfield
Bemardston
Egremont
Holyoke
New Marlborough
Sheffield
Westnampton
Biandford
Ervmg
Huntington
New Salem
Sneibume
West Sprmgfie
Bnmfieid
Florida
LanesDorough
North Adams
Shutesbury
West Stockbnc
Buckland
Gill
Lee
Northampton
Southampton
Whateiy
Charlemont
Goshen
Lenox
Northfield
SoJth Hadley
Wilbraham
Cheshire
GranDy
Leverett
Orange
Southwick
Williamsburg
Chester
Granville
Leyder
Otis
Springfield
Williamstown
Chesterfield
Great Bamngton
Longmeadow
Palmer
Stockbndge
Windsor
Chicopee
Greenfield
Ludlow
Peinam
Sunderland
Wonhmgton
Clarksburg
Hadley
Middiefieid
Peru
Tonand
Acton
Charlton
Hopkmton
Millbury
Rutland
Uxbndge
AshDumham
Clinton
Hubba'Cston
Milivilie
Shirley
Warren
AshDy
Douglas
HudSOr
New Bramjree
Shrewsbury
Webster
Athol
Dudley
HolliStOP
Northborough
Southborougn
Westoorough
Auburn
DunstaDie
Lancater
Nonhbridge
Southbndge
West Boyiston
Aye'
East B'ook'.eld
Leceste'
Not- Brooktie'c
Soencer
West Brookfiek
Barre
Fitchburg
Leommste'
Oakham
Sterling
Westtoro
Bellmgham
Gardner
Littieio"
Oxford
Stow
Westminster
Berhn
Grafton
LunenCj'g
Paxton
Sturbndge
Wmchendon
BiacKstone
Groton
Marlborough
PeppereM
Sjtton
Worcester
Bolton
Harvard
Mayna'd
Petersham
Templeton
Boxborough
Hardwick
Medway
Philhpston
Townsend
Boyiston
Hoiden
Wendon
Princeton
Tyngsborough
Brooktield
Hopedaie
Milford
Royalston
Upton
ADington
Dartmouth
Freetown
Mattapoisett
Provmcetown
Tisbury
Acushnet
Dennis
Gay Head
Middieborough
Raynham
Truro
Attleborc
Dighton
Gosnoirj
Nantucket
Rehoboth
Wareham
Avon
Duxbury
Halifax
NewBedford
Rochester
Weiitieet
Barnstable
Eastham
Harcve'
North Attleborough
Rockland
West Bridoewa
Berkley
East Bndgewater
Hansc-
Norton
Sandwich
Westpon
Bourne
Easton
Harw :-
Norwell
Sdtuale
West Tisbury
Brewster
Edgarfown
Kingston
Oax Bluffs
Seekonk
Whitman
Bndgewater
Fairhaven
Lakev <e
Orleans
Sharon
Wrentham
Brockton
Fan River
Mans«ieid
Pembroke
Somerset
Yarmouth
Carver
Falmouth
Mane-
Plamviiie
Stoughton
Chatham
Foxborough
Warshtieid
Plymouth
Swansea
Chilmark
Franklin
Masnpee
Plympton
Taunton
DEP Central Region
75 Grove Street
Worcester, MA 01605
Telephone: 508-792-7650
Fax: 508-792-7651
DEP Southeast Region
20 Riverside Drive
Lakeville, MA 02347
Telephone: 508-946-2800
Fax: 508-947-6557
DEP Northeast Region
10 Commerce Way
Woburn, MA 01801
Telephone: 617-932-7600
Fax: 617-932-7615
Amesbury
Chelmsford
Hmgham
Mernmac
Oumcy
Wakefield
Andove'
Chelsea
HOIOrOOk
Methuen
Randolph
Waipoie
Arlington
Cohasset
Hull
Middleton
Reading
Waftham
Ashland
Concord
Ipswich
Mi'lis
Revere
Watertow.
Bedford
Danvers
Lawrence
Mirton
Rockport
Wayland
Belmont
Dedhan
Lexington
Nahant
Rowley
Weiiesiey
Beverly
Dover
Lincoln
Natick
Salem
Wenham
Bii'enea
Dracut
Lowell
Needham
Salisbury
West Newbury
Bcstor.
Essex
Lynn
NewS.ry
Saugus
Wesion
Boxiord
Everett
Lynnfieid
Newtourypoh
Snerborn
Westwood
B'aintree
Framingham
Maioen
Newton
Somerville
Weymouth
Brookime
Georgetown
Mane neste'-Bv The- Sea
Norfolk
Stoneham
Wilmington
Burnngtcn
Giouceste-
Marbienead
NOrf" AndOve'
Sudbury
Winchester
Cambridge
Groveland
Medtie'd
North Reading
Swampscott
Wmtnrop
Canton
Hamilton
Med'o^d
Norwood
Tewksbury
Woburn
Carhsie
Haverhill
Meircse
Peaoody
Tocsfieic
(Rev, :/%
A-IO
Farming in Wetland Resource Areas (1/94)
Appendix B
Wetlands Protection Act & Agriculture Regulations
B. The Wetlands Protection Act and Agriculture Regulations
Wetlands Protection Act (Massachusetts General Laws Chapter 131, Section 40)
(As amended through Augusi 31, 1993)
1. No person shall remove, fill, dredge or alter any bank, fresh water wetland, coastal wetland, beach, dune,
flat, marsh, meadow or swamp bordering on the ocean or on any estuary, creek, river, stream, pond, or lake, or
any land under said waters or any land subject to tidal action, coastal storm flowage, or flooding, other than in
the course of maintaining, repair-ng or replacing, but not substantially changing or enlarging, an existing and
lawfully located structure or facility used in the service of the public and used to provide electric, gas, water,
telephone, telegraph and other telecommunication services, without filing written notice of his intention to so
remove, fill, dredge or alter, including such plans as may be necessary to describe such proposed activity and its
effect on the environment and without receiving and complying with an order of conditions and provided all
appeal periods have elapsed. Said notice shall be filed by delivery in hand to the conservation commission or its
authorized representative or by certified mail, return receipt requested, to said commission, or, if none, to the
board of selectmen in a town or the mayor of a city in which the proposed activity is to be located. Upon such
filing, the receipt of such notice shall be acknowledged in writing on the face thereof and shall include the time
and date so received. A person delivering said notice by hand shall be given a receipt in writing acknowledging
the time and date of such filing Copies of such notice shall be sent at the same time by certified mail to the
department of environmental protection To defray state and local administrative costs each person filing such a
notice shall pay a filing fee. determined on a sliding scale basis by the commissioner of environmental protection
after consultation with the secretary of environmental affairs. Fifty percent of any filing fee in excess of twenty-
five dollars shall be made payable to the department of environmental protection, in a manner to be determined
by the commissioner of environmental protection, at the same time as the copies of the notice are sent to the
department of environmental protection The remainder of said fee shall be made payable to the city or town;
provided, that said remainder shall be expended solely by the local conservation commission for the performance
of its duties under this chapter and shall accompany the copy of the notice sent to the city or town. No such
notice shall be sent before all permits, variances, and approvals required by local by-law with respect to the
pro; „.>ed activity, wnich are obtainable at the time of such notice, have been obtained, except that such notice
may be sent, at the option of the applicant, after the filing of an application or applications for said permits,
variances, and approvals; provided, that such notice shall include any information submitted in connection with
such permits, variances, and approvals which is necessary to describe the effect of the proposed activity on the
environment. Upon receipt of any notice hereunder the department of environmental protection, hereinafter called
the department, shall designate a file number for such notice and shall send a notification of such number to the
person giving notice to the conservation commission, selectmen, or mayor to whom the notice was given. Said
notification shall state the name of the owner of the land upon which the proposed work is to be done and the
location of said land.
2. Within twenty-one days of the receipt by a conservation commission of a written request made by any
person and sent by certified mail, said commission shall make a written determination as to whether this section
is applicable to any land or work thereon. When such person is other than the owner, notice of any such
determination shall also be sent to the owner.
3. The term "applicant" as used in this section shall mean the person giving notice of intention to remove, fill,
dredge or alter.
4. The term "person" as used in this section shall include any individual, group of individuals, association,
partnership, corporation, company, business organization, trust, estate, the commonwealth or political subdivision
thereof, administrative agency, public or quasi-public corporation or body, or any other legal entity or its legal
representatives, agents, or assigns.
5. The term "bogs" as used in this section shall mean areas where standing or slowly running water is near or
at the surface during a normal growing season and where a vegetational community has a significant portion of
the ground or water surface covered with sphagnum moss (Sphagnum) and where the vegetational community is
made up of a significant portion of one or more of. but not limited to nor necessarily including all, of the
Farming in Wetland Resource Areas (1/94) A-ll
Appendix B
Wetlands Protection Act & Agriculture Regulations
following plants or groups of plants: aster (Aster nemoralis), azaleas (Rhododendron canadense and R. viscosum),
black spruce (Picea mariana), bog cotton (Eriophorwn) , cranberry (Vaccinium macrocarpon) , high-bush
blueberry (Vaccinium corymbosum), larch (Larix laricina), laurels (Kalmia angustifolia and K. polifolia),
leatherleaf (Chamaedaphne calyculata). orchids (Arethusa, Calopogon, Pogonia). pitcher plants (Sarracenia
purpurea), sedges (Cyperaceae), sundews (Droseraccae), sweet gale (Mynca gale), white cedar (Chamaecyparis
thy o ides).
6. The term "coastal wetlands", as used in this section, shall mean any bank, marsh, swamp, meadow, flat or
other lowland subject to tidal action or coastal storm flowage.
7. The term "freshwater wetlands", as used in this section, shall mean wet meadows, marshes, swamps, bogs,
areas where groundwater, flowing or standing surface water or ice provide a significant part of the supporting
substrate for a plant community for at least five months of the year; emergent and sumbergent plant communities
in inland waters; that portion of any bank which touches any inland waters.
8. The term "swamps", as used in this section, shall mean areas where ground water is at or near the surface of
the ground for a significant part of the' growing season or where runoff water from surface drainage frequently
collects above the soil surface, and where a significant part of the vegetational community is made up of, but not
limited to nor necessarily include all of the following plants or groups of plants: alders (Alnus), ashes (Fraxinus),
azaleas (Rhododendron canadense and R. viscosum), black alder (Ilex verticillata), black spruce (Picea mariana),
buttonbush (Cephalanthus occidentalis), American or white elm (Ulmus americana) , white Hellebore (Veratrum
viride), hemlock (Tsuga canadensis), highbush blueberry (Vaccinium corymbosum), larch (Larix laricina),
cowslip (Caltha palustris), poison sumac (Toxidocendron vernix), red maple (Acer rubrum), skunk cabbage
(Symplocarpus foetidus), sphagnum mosses (Sphagnum), spice bush (Lindera benzoin), black gum tupelo (Nyssa
sylvantica), sweet pepperbush (Clethra almfolia). white cedar (Chamaecyparis thyoides). willow (Salicaceae).
9. The term "wet meadows", as used in this section where ground water is at the surface for the significant part
of the growing season and near the surface throughout the year and where a significant part of the vegetational
community is composed of various grasses, sedges and rushes; made up of, but not limited to nor necessarily
including all of thf ollowing plants or groups of plants: blue flag (Iris), vervain (Verbenu;, thoroughwort
(Eupatorium), dock (Rumex), false loosestrife (Ludwigia), hydrophillic grasses (Gramincae), loosestrife
(Lythrum), marsh fern (Diyopteris), rushes (Juncaceae), sedges (Cyperaceae), sensitive fem (Onoclea sensibilis),
smartweed (Polygonum).
10. The term "marshes", as used in this section, shall mean areas where a vegetational community exists in
standing or running water during the growing season and where a significant part of the vegetational community
is composed of, but not limited to nor necessarily including all, of the following plants or groups of plants:
arums (Araceae), bladder worts (Utricularia), bur reeds (Sparganiaceae). button bush (Cephalanthus
occidentalis), cattails (Typha), duck weeds (Lemnaceae), eelgrass (Vallisneria), frog bits (Hydrocharitaceae),
horsetails (Equisetaceae), hydrophilic grasses (Gramineae), leatherleaf (Chamaedaphne calyculata), pickerel
weeds (Pontederiaceae), pipeworts (Eriocaulon), pond weeds (Potamogeton), rushes (Juncaceae), sedges
(Cyperaceae), smartweeds (Polygonum), sweet gale (Myrica gale), water milfoil (Halcragaceae), water lilies
(Nymphaeaceae), water starworts (Callitrichaceae) , water willow (Decodon verticillatus).
1 1. The conservation commission, selectmen or mayor receiving notice under this section shall hold a public
hearing on the proposed activity within twenty-one days of the receipt of said notice. Notice of the time and
place of said hearing shall be given by the hearing authority at the expense of the applicant, not less than five
days prior to such hearing, by publication in a newspaper of general circulation in the city or town where the
activity proposed and by mailing a notice to the applicant and to the board of health and the planning board of
said city or town. The conservation commission and its agents, officers and employees, may enter upon privately
owned land for the purpose of performing their duties under this section. No conditions shall be imposed, nor
shall any determination be rendered by a conservation commission, in reference to this section, unless the
conservation commission meets with a quorum present.
12. If after said hearing the conservation commission, selectmen or mayor, as the case may be, determine that
the area on which the proposed work is to be done is significant to public or private water supply, to the
A-12 Farming in Wetland Resource Areas (1/94)
Appendix B
Wetlands Protection Act & Agriculture Regulations
groundwater supply, to flood control, to storm damage prevention, to prevention of pollution, to protection of
land containing shellfish, to the protection of wildlife habitat or to the protection of fisheries, such conservation
commission, board of selectmen or mayor shall by written order within twenty-one days of such hearing impose
such conditions as will contribute to the protection of the interests described herein, and all work shall be done in
accordance therewith. If the conservation commission, selectmen or mayor, as the case may be, make a
determination that the proposed activity does not require the imposition of such conditions, the applicant shall be
notified of such determination within twenty-one days after said hearing. Such order or notification shall be
signed by the mayor or a majority of the conservation commission or board of selectmen, as the case may be,
and a copy thereof shall be sent forthwith to the applicant and to the department.
13. If a conservation commission has failed to hold a hearing within the twei.:y-one day period as required, or if
a commission, after holding such a hearing has failed within twenty-one days therefrom to issue an order, or if a
commission, upon a written request by any person to determine whether this section is applicable to any work,
fails within twenty-one days to make said determination, or where an order does issue from said commission, the
applicant, any person aggrieved by said commission's order or failure to act, or any owner of land abutting the
land upon which the proposed work is to be done, or any ten residents of the city or town in which said land is
located, may by certified mail and within ten days from said commission's order or failure to act, request the
department of environmental protection to determine whether the area on which the proposed work is to be done
is significant to public or private water supply, to the groundwater supply, to flood control, to storm damage
prevention, to prevention of pollution, to protection of land containing shellfish, to the protection of wildlife
habitat or to the protection of fisheries. The commissioner of environmental protection or his designee also may
request such a determination within said ten days. The party making any such request shall at the same time send
a copy thereof by certified mail to the conservation commission, board of selectmen or mayor which conducted
the hearing hereunder. If such party is other than the applicant, a copy of the request shall also be sent at the
same time certified mail to the applicant. Upon receipt of such request the department shall make the
determination requested and shall by written order issued within seventy days of receipt of such request and
signed by the commissioner or his designee, impose such conditions as will contribute to the protection of the
interests described herein: provided, however, that said department shall notify the applicant within thirty days of
the r. eipt of such request if his application or request is not in proper form or is lacking information or
documentation necessary to maV the determr ion. Such order shall supersede the prior order of the
conservation commission, board of selectmen or mayor, and all work shall be done in accordance therewith, but
in no event shall any work commence until ten days have elapsed following the issuance of said order. At any
time prior to a final order of determination by the department, any party requesting a determination may in
writing withdraw the request, and such withdrawal shall be effective upon receipt by the department.
Notwithstanding the withdrawal, the commissioner or his designee may continue the determination if he notifies
all parties within ten days of receipt of the withdrawal. A copy of such order shall be sent to the applicant, to the
conservation commission, board of selectmen or mayor which conducted the hearing hereunder. As used in this
section the words "wildlife habitat" shall mean those areas subject to this section which, due to their plant
community composition and structure, hydrologic regime or other characteristics, provide important food, shelter,
migratory or overwintering areas, or breeding areas for wildlife.
14. No work proposed in any notice of intention shall be undertaken until the final order, determination or
notification with respect to such work has been recorded in the registry of deeds, or if the land affected thereby
be registered land, in the registry section of the land court for the district wherein the land lies. If the final order,
determination or notification requires the recording of a plan which (1) shows the location of the work, (2) is
prepared by a registered professional engineer or land surveyor and (3) is in recordable form, no work proposed
in the notice of intention shall be undertaken until such plan has been recorded in the registry of deeds or, if the
land affected thereby is registered land, in the registry section of the land court for the district wherein such land
lies.
15. Within twenty-one days of the receipt of a written request, by the applicant or the owner of the property, for
a certificate of compliance, the issuer of the final order shall grant such request if the activity, or portions
thereof, complies with such final order. The certificate of compliance shall state that the activity, or portions
thereof, has been completed in accordance with such order.
16. Any site where work is being done which is subject to this section shall display a sign of not less than two
Farming in Wetland Resource Areas (1/94) A-13
Appendix B
Wetlands Protection Act & Agriculture Regulations
square feet or more than three square feet bearing the words, "Massachusetts Department of Environmental
Protection File Number ..." and the sign shall display the file number assigned to the project.
17. If the department of environmental protection finds that any proposed work would violate the provisions of
chapter ninety-one, it shall proceed immediately to enforce the provisions of said chapter.
18. The provisions of this section shall not apply to any mosquito control work done under the provisions of
clause (36) of section five of chapter forty, of chapter two hundred and fifty-two or of any special act; to
maintenance of drainage and flooding systems of cranberry bogs, to work performed for normal maintenance or
improvement of land in agricultural use or in aquacultural use; or to any project authorized Ly special act prior to
January first, nineteen hundred and seventy-three.
19. Within one hundred and twenty days of the effective date of this act, the department, upon the advice and
consent of the Commissioner of the Department of Food and Agriculture, shall promulgate rules and regulations
pursuant to this section which shall establish definitions for the term "normal maintenance or improvement of
land in agricultural, or in aquacultural use", for each agricultural commodity, or where appropriate because of
similarities in cultural practices, groups, of commodities in the Commonwealth. The department shall create a
farmland advisory board to be appointed by the commissioner, consisting of five persons one a member of the
cooperative extension service, one a member of the USDA soil conservation service, one a member of a
municipal conservation commission who has a demonstrated expertise in agricultural issues, and two commercial
farmers with expertise in different agricultural commodities to assist the department in the drafting of rules and
regulations pursuant to this paragraph.
20. The notice of intention required in the first paragraph of this section shall not apply to emergency projects
necessary for the protection of the health or safety of the commonwealth which are to be performed or which are
ordered to be performed by an agency of the commonwealth or a political subdivision thereof. An emergency
project shall mean any project certified to be an emergency by the conservation commission of the city or town
in which the project would be undertaken, or if none, by the mayor of said city or the selectmen of said town. If
the conservation commission, mayor, or selectmen, as the case may be. fail to act favorably within twenty-four
hours lT receipt of a request for certification of n emergency project, said project may be so certified by the
commissioner or his designee. In no case shall any removal, filling, dredging, or alteration authorized by such
certification extend beyond the time necessary to abate the emergency.
21. Notwithstanding the provisions of section fourteen of chapter twenty-one A or any other provision of law to
the contrary, the notice of intention required in the first paragraph of this section shall not apply to a
maintenance dredging project for which a license has been previously issued within ten years by the division of
waterways of the department of environmental protection. A person intending to fill or dredge under such
previously issued license shall file a written notice by certified mail to the conservation commission or if none,
to the board of selectmen in a town or mayor of a city in which the land upon which the dredging project is
located. Such notice shall contain the name and address of the applicant
22. If the conservation commission, the board of selectmen or mayor fails to notify the applicant at the
applicant's address within twenty days of the receipt of such notice of the specific objections to the
commencement of such dredging fill or maintenance dredging contemplated under said license, the applicant may
commence such work without any further notice to other agencies of the commonwealth. Notwithstanding failure
to notify an applicant, as hereinbefore provided, the conservation commission, the board or selectmen or mayor
may at any time designate an area at which spoilage from the dredging may be placed and may require the
relocation of shellfish before such maintenance dredging takes place.
23. If the conservation commission, the board of selectmen or mayor cites specific objections to the notice of
intenfion. such conservation commission, board of seleci.nen or mayor ma> order a hearing as provided in this
section and all other pertinent provisions of this section shall apply.
24. Any person who purchases, inherits or otherwise acquires real estate upon which work has been done in
violation of any order issued under this section shall forthwith comply with any such order or restore such real
estate to its condition prior to any such violation: provided, however, that no action, civil or criminal, shall be
A-14 Farming in Wetland Resource Areas (1/94)
Appendix B
Wetlands Protection Act & Agriculture Regulations
brought against such person unless such action is commenced within three years following the recording of the
deed or the date of the death by which such real estate was acquired by such person. Any court having equity
jurisdiction may restrain a violation of this section and enter such orders as it deems necessary to remedy such
violation, upon the petition of the attorney general, the commissioner, a city or town, an owner or occupant of
property which may be affected by said removal, filling, dredging or altering, or ten residents of the
commonwealth under the provisions of section seven A of chapter two hundred and fourteen.
25. Rules and regulations shall be promulgated by the commissioner to effectuate the purposes of this section.
However, failure by the commissioner to promulgate rules and regulations shall not act to suspend or invalidate
the effect of this section. In addition to the other duties provided for in this section, a conservation commission
and its agents, officers, and employees; the commissioner, his agents and employees; environmental officers, and
any officer with police powers may issue enforcement orders directing compliance with this section and may
undertake any other enforcement action authorized by law. Any person who violates the provisions of this section
may be ordered to restore property to its original condition and take other actions deemed necessary to remedy
such violations.
26. No person shall remove, fill, dredge or alter any area subject to protection under this section without the
required authorization, or cause, suffer or allow such activity, or leave in place unauthorized fill, or otherwise fail
to restore illegally altered land to its original condition, or fail to comply with an enforcement order issued
pursuant to this section. Each day such violation continues shall constitute a separate offense except that any
person who fails to remove unauthorized fill or otherwise fails to restore illegally altered land to its original
condition after giving written notification of said violation to the conservation commission and the department
shall not be subject to additional penalties unless said person thereafter fails to comply with an enforcement order
or order of conditions.
27. Whoever violates any provision of this section, (a) shall be punished by a fine of not more than twenty-five
thousand dollars or by imprisonment for not more than two years, or both such fine and imprisonment; or (b),
shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation.
Farming in Wetland Resource Areas (1/94) A-15
Appendix a
Wetlands Protection Act & Agriculture Regulations
Definition of Agriculture [310 CMR 10.04(Agriculture)]
10 04 continued
Agriculture For the purposes of 310 CMR 1 0 04 the following words and phrases have the
following meanings
(a) Land in agricultural use means land within resource areas or the Buffer Zone presently
and primarily used in producing or raising one or more of the following agricultural
commodities for commercial purposes:
1 animals, including but not limited to livestock, poultry, and bees;
2 fruits, vegetables, berries, nuts, maple sap, and other foods for human consumption;
3. feed, seed, forage, tobacco, flowers, sod, nursery or greenhouse products, and orna-
mental plants or shrubs, and
4. forest products on land maintained in forest use, including but not limited to biomass,
sawlogs, and cord wood, but not including the agricultural commodities described in 310
CMR 10.04rAfTi culture )(a)l. through 3..
Additionally, land in agricultural use means land within resource areas or the Buffer Zone
presently and primarily used in a manner related to, and customarily and necessarily used in,
producing or raising such commodities, including but not limited to: existing access roads and
livestock crossings; windbreaks; hedgerows; field edges; bee yards; sand pits; landings for forest
products, fence lines, water management projects such as reservoirs, farm ponds, irrigation
systems, field ditches, cross ditches, canals/channels, grass waterways, dikes, sub-surface
drainage systems, watering facilities, water transport systems, and water storage systems,
agricultural composting sites, agricultural storage and work areas; and land under farm
structures.
Land in agricultural use may lie inactive for up to five consecutive years unless it is under
a United States Department of Agriculture (USD A) contract for a longer term pursuant to the
Conservation Reserves Program (the Food Securities Act of 1985, as amended by the Food,
Agriculture, Conservation and Trade An of 1990; and 7 CFR 1410), or it is used for the forestry
purposes described in 310 CMR IQMfAgriculrurefViM., 15., 16. and 17.). The issuing
authority may require appropriate documentation, such as a USDA Farm Plan or aerial
photography, to demonstrate agricultural use
(b) Normal maintenance nf land in agricultural use, which in all cases does not include
placing substantial amounts of fill in Bordering Land Subject to Flooding or filling or
dredging a Salt Marsh, means the following activities, without enlargement as to
geographical extent, that are occurring on land in agricultural use, when directly related to
production or raising of the agricultural commodities referenced in 310 CMR
IQO-UAgri culture Va). when undertaken in such a manner as to prevent erosion and siltation
of adjacent water bodies and wetlands, and when conducted in accordance with federal and
state laws
i all crop management practices, not to include drainage in a Bordering Vegetated
Wetland, customarily employed to enhance existing growing conditions, including but
r.ot limited to: ullage, trellising, pruning, mulching, shading, and ungating, and all
customary harvesting practices such as digging, picking, combining, threshing,
windrowing, baling, curing, and drying,
2. the use of fertilizers, manures, compost materials, and other soil amendments,
pesticides and herbicides, traps, and other such materials,
2 the repair or replacement of existing access roads and livestock crossings;
4 the maintenance of:
a. existing forest boundary lines up to five feet wide limited to cutting vegetation
within the existing boundary lines,
b windbreaks,
c hedgerows, and
d fire breaks on land maintained in forest use and owned by the Metropolitan
District Corruiission. the Department of Environmental Management, or the
Department of Fisheries, Wildlife, and Environmental Law Enforcement,
5. the management of existing field edges, limited to within 100 feet from the land in
production, including the following practices
a moving,
b burning,
c brush cutting, and
d removing trees
A-16 Farming in Wetland Resource Areas (1/96)
Appendix B
Wetlands Protection Act & Agriculture Regulations
10 04 continued
The management of any field edge that falls within a Bordering Vegetated Wetland
is not intended to allow the conversion of Bordering Vegetated Wetland into cropland
Therefore, the field management practices described in 310 CMR 10 04 C Agriculture^
(b)(5)a through d. may occur in a Bordering Vegetated Wetland provided that:
i the cutting or removal of trees and understory vegetation shall not occur
within 25 feet of the bank of a water body that is not managed within the land in
production (field ditches, cross ditches, grass waterways, irrigation systems, and
farm ponds are examples of managed water bodies) unless the trees or understory
vegetation are removed to control alternative hosts but no more than 50% of the
canopy may be removed, or except to maintain existing dikes,
ii. slash, branches, and limbs resulting from the cutting and removal operations
shall not be placed within 25 feet of the bank of a water body that is not managed
within the land in production; and
iii. no tilling, filling, excavation, or other change in the existing topography
shall occur within the field edge;
6. the maintenance and repair of existing fences and the management of temporary
fence lines;
7. the cleaning, clearing, grading, repairing, dredging, or restoring of existing
man-made or natural water management systems such as reservoirs, farm ponds,
irrigation systems, field ditches, cross ditches, canals/channels, grass waterways, dikes,
sub-surface drainage systems, watering facilities, water transport systems, vents, and
water storage systems, all in order to provide drainage, prevent erosion, provide more
effective use of water, or provide for efficient use of equipment, and all for the purpose
of maintaining favorable conditions for ongoing growing or raising of agricultural
commodities;
8. the maintenance and repair of ongoing agricultural composting sites, storage areas,
and work areas and the storage of fertilizers, pesticides, manures, compost materials, and
other soil amendments, provided that such storage occurs only in the Buffer Zone or
Bordering Land Subject to Flooding;
9. the repair and maintenance of existing farm structures;
1 0. the seeding of eroded or disturbed areas,
1 1. maintaining the flow of existing natural waterways,
12. the keeping of livestock and poultry and the management of beehives;
13. the culuvation of cranberries, including the following practices:
a. the activities described in 310 CMR 1 0 04f Agriculture W> I . through 11.;
b. the application of sand to existing bogs and the excavation of sand from sand
pits,
c. the repair and reconstruction of water control structures including flumes, pumps,
dikes, and piping above and below the ground;
d the regrading, including modification of drainage, and replanting of existing
cranberry bogs,
e the repair and replacement of dikes,
f water harvesting activiues; and
g flooding and flood release,
14 the cutting and removal of trees for the purpose of selling the trees or any products
derived therefrom, when carried out in accordance with a Forest Cutting Plan approved
by the Department of Environmental Management (DEM) under the provisions of
M.G.L. c. 132, §§ 40 through 46, and subject to the following
a. the cutting and removal of trees within Bordering Vegetated Wetland shall be
limited to no more than 50°/o of the basal area of the area to be cut and the work shall
be conducted when the soil is frozen, dry or otherwise stable to support the
equipment used,
b except for the construction or maintenance of access described in 310 CMR
10 04(b) 16., there shall be no filling, excavation, or other change in topograph) or
hydrology of resource areas,
c ali soils that are exposed during or after any work described in 310 CMR
10 04 ( AcricnlturpVM14 shall be stabilized to prevent the so:;s from eroding into
Bordering Vegetated Wetlands beyond the work area or into open water bodies, in
accordance with the Massachusetts Forestry Best Management Practices Manual,
Farming in Wetland Resource Areas (1/96) A-17
Appendix B
Wetlands Protection Act & Agriculture Regulations
10 04 continued
d the person claiming the exemption shall submit b\ certified mail or hand delivery
at the same ume to the conservation commission and the appropriate DEM Regional
Office not less than ten days prior to the commencement of the activity, a copy of the
Forest Cutting Plan that describes the proposed cutting and removal of trees and any
activity within resource areas or the Buffer Zone The conservation commission
shall have the opportunity to comment to DEM on the plan,
e landings for forest products shall not be located in Bordering Vegetated Wetland
or Bank, and
f. any Forest Cutting Plan that is not affirmatively approved by DEM under M.G.L.
c. 132, §§ 40 through 46 but instead is deemed approved due to the expiration of
some period of time following the submittal of the plan to DEM for approval shall
not be considered "approved" by DEM for the purposes of 3 10 CMR 10.04.
1 5 notwithstanding the use of the words "for commercial purposes" in the first sentence
of 310 CMR 10.04(Afiaailmi£)(a), the cutting of trees within resource areas and the
Buffer Zone by owners for their own use, not to exceed 5,000 board feet or ten cords of
wood during any 12 month period without an approved Forest Cutting Plan or the cutting
of trees within resources areas of greater than 5,000 board feet or ten cords but less than
10,000 board feet or 20 cords of wood during any 12 month period with an approved
Forest Cutting Plan, provided that:
a after the cutting, the remaining trees in the resource area (and the Buffer Zone,
if the activity is being conducted without an approved Forest Cutting Plan) shall be
evenly distributed throughout the area where cutting occurred and the crown cover
shall not be less than 50% Crown cover is determined as the percent of the ground's
surface that would be covered by a vertical projection of foliage from trees with a
diameter at breast height of 6ve inches or greater, where minor gaps between
branches are disregarded and areas of overlapping foliage are counted only once;
b the cutting and removal of trees shall occur only during those periods when the
ground is sufficiently frozen, dry, or otherwise stable to support the equipment used;
c the cutting, removal, or other destruction of trees and understory vegetation
without a Forest Cutting Plan shall not occur within 25 feet of the Bank, except for
the purpose of providing access for the activities described in 310 CMR
io.04(ABncuimrc)(b)i5.;
d the placement of slash, branches, and limbs resulting from the cutting and
removal operations shall not occur within 25 feet of Bank,
e no filling, excavation, or other change shall occur in the existing topography or
hydrology of a resource area,
f landings for forest products shall not be located in Bordering Vegetated Wetland
or Bank, and
g any Forest Cutting Plan that is not affirmatively approved by DEM under M.G.L.
c 132, §§ 40 through 46, but instead is deemed approved due to the expiration of
some period of time following the submittal of the plan to DEM for approval shall
not be considered "approved" by DEM for the purposes of 310 CMR 10.04.
16 the construction of new temporary access or the maintenance of existing legally
constructed access for forestry activities described in 310 CMR 10.04(b) 14 or
10.04(d)] 5. provided that:
a every practicable effort shall be made to avoid access, including stream crossings,
and the construction of landings through and in resource areas,
b where access, including stream crossings, through resource areas cannot be
avoided, every practicable effort shall be made to minimize impacts resulting from
construction of new access including, but not limited to, maintaining and improving
(but not enlarging) existing access Activities shall be conducted when the soil is
frozen, dry, or otherwise stable to support the equipment used,
c where DEM has determined through its review and approval of the Forest Cutting
Plan that access is impracticable without constructing new access or stream
crossings.
i access shall be designed, constructed, and maintained in accordance with the
Massachusetts Forestry Best Mar.acement Practices M2nua!.
A-18 Farming in Wetland Resource Areas (1/96)
Appendix B
Wetlands Protection Act & Agriculture Regulations
10 04 continued
ii stream crossings shall be stabilized to prevent erosion using methods describ-
ed in the Massachusetts Forestry Best Management Practices ManuaJ When
crossings involve fill, culverts or ether structures that will obstruct flow, they
shall be designed, constructed, and maintained in accordance with the
Massachusetts Forestry Best Management Practices Manual to alJow the
unobstructed passage of exisung flows for at least the 25 year storm;
iii access or stream crossings shall be removed within one year of completion
of the work described in the approved Forest Cutting Plan;
iv. following removal of access, the topography and site conditions shall be
substantially restored to allow pre-existing vegetation to be reestablished, and
v. activities shall be conducted when the soil is frozen, dry, or otherwise stable
to support the equipment used.
17. non-harvest management practices for forest products on land maintained in forest
use limited to pruning, pre-commercial thinning or planting of tree seedlings,
(c) Normal improvement of land in agricultural use, which in all cases does not include
filling or dredging a Salt Marsh, includes but is not limited to:
1 . the following activities when they occur on land in agricultural use or when they
occur within the Buffer Zone or Bordering Land Subject to Flooding that is not land in
agricultural use, when they are directly related to production or raising of the agricultural
commodities referenced in 310 CMR 10 CKCAgnculturetfaV and when they are
undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies
and wetlands and the activity is conducted in accordance with federal and state laws:
a. the installation of permanent fencing, windbreaks, hedgerows, or the cutting of
vegetation to create forest boundaries up to five feet wide,
b. the installation of dikes within a cranberry bog;
c. the construction of farm structures, not including habitable dwellings, provided
that the footprint of the farm structure does not exceed 4,000 square feet and no
filling of Bordering Land Subject to Flooding occurs beyond the footprint of the
building;
d. the squaring-off of fields and bogs, provided that the activity does not alter a
Bordering Vegetated Wetland, there is no increase in the amount of land in
production beyond the minimum increase necessarily resulting from making the
boundary of any field or bog more regular, and no fill is placed within Bordering
Land Subject to Flooding,
e the construction of by-pass canals/channels and tail water recovery systems;
f. a change in commodity other than from maple sap production or forest products
to any other commodity, provided that there is no filling of Bordering Vegetated
Wetland and drainage ditches or the subsurface drainage system are not increased or
enlarged,
g the construction of a water management system such as a reservoir, farm pond,
irrigation system, field ditch, cross ditch, canal/channel, grass waterway, dike,
sub-surface drainage system, watering facility, water transport system, vent, or water
storage system, or of a livestock access, and
h the construction of composting and storage areas.
For the activities described in 310 CMR 1 0.OAt AgricultureVcV 1 )d. through h. there
shall be no net loss of flood storage capacity, and
2. the reconstruction of existing dikes, the reconstruction and expansion of existing
ponds and reservoirs, and the construction of tailwater recovery ponds and by-pass
canals/channels occurring partly or entirely within a Bordering Vegetated Wetland, when
directly related to production or raising of the agricultural commodities referenced in 310
CMR 1 0.04Y Agrieu!ture)(a). in accordance with the following:
a Prior to performing the work, the per.on claiming the exemption shall submit to
the conservation commission for its review at a public meeting that portion of a
certified farm Conservation Plan (CP) which relates to the work to be conducted in
a Bordering Vegetated Wetland The CP must be prepared in cooperation with the
U S.D A Soil Conservation Service (SCS) and comply with the terms of the January
20. 1993, Memorandum of Understanding (MOUj between the Department and SCS
concerrunc CPs,
Farming in Wetland Resource Areas (1/96) A-19
Appendix B
Wetlands Protection Act & Agriculture Regulations
10 04 continued
b The conservation commission may, within 21 days of receiving the CP, provide
the person claiming the exemption with written notification containing specific
comments detailing the manner in which the CP has not been prepared in compliance
with the terms of the MOU,
c. The person claiming the exemption shall provide SCS with a complete copy of
the notification;
d All revr ions to the CP that relate to the delineation of Bordering Vegetated
Wetlands s^all be submitted to the conservation commission in accordance with 310
CMR io.04(Agriculturc)(c)(2);
e. All work shall be done in accordance with the CP, and
f The maximum amount of Bordering Vegetated Wetland which may be altered by
the above activities is:
i. 5,000 square feet for reconstruction of an existing dike;
ii. 1 0,000 square feet for expansion of an existing pond or reservoir,
ill. 1 0,000 square feet for construction of a tailwater recovery pond; and
iv. 5,000 square feet for construction of a by-pass canal/channel.
(d) The provisions of 310 CMR 10.04(Agricu]rure> shall expire three years from its
effective date except that the provisions relative to forestry shall continue in effect.
A-20 Farming in Wetland Resource Areas (1/96)
Appendix B
Wetlands Protection Act & Agriculture Regulations
Agricultural Emergency [310 CMR 10.06(6)]
10. PC Emergencies
11) Any person requesting permission to ao ar. emergency protect shall specif;.
wh\ the proiec: is necessary tor tne protection of the health or safety of the
citizens of tne Commonwealth and what agencv of the Commonwealtn or
subdivision thereof is to perform tne proiect or has ordered the protect to be
performed. If tne proiec: is certified to be an emergency by the conservation,
commission or tne Commissioner, the certification shall include a description of
the work which is to be allowed and shall not ir~lude work beyond that
necessary to abate tne emergency. A site inspection snail be made prior to
certification.
(2) An emergency certification shall be issued only for the protection of public
healtn or safety
(3) The time Limitation for performance of emergency work shall not exceed 30
days, or CO cays for immediate Response Actions approved by the Bureau of
Waste Site Cleanup (KWSCi of the Department of Environmental Protection m
accordance witr. tne provisions of SIC CMR <iG.G4:C. uniess written approval of
the Commissioner is ootamec.
(■i) A copy of an emergency certification, shall be sent to the Department when
it is issued by a conservation commission, and to tne conserve tier, commission
when it is issued oy tne Department.
(5! The Department may. or. its own motion or at tne reauest of any person,
review: ar. emergency certification issued by a conservation commission anc any
work permittee thereunder; a denial by a conservation commission of a request
for emergency certification; or the failure by a conservation commission to act
within 24 hours of a request for emergency certification. Such review shall not
operate tc stay tne work permitted by tne emergency certification unless the
Department specifically so orders. Tne Department's review shall be conducted
within seven cays of: issuance by a conservation commission of the emergency
certification; denial by a conservation commission of the emergency
certification; or failure by a conservation commission to act within 24 hours of
a request for emergency certification. If certification was improperly granted,
or the work allowed thereunder is excessive or not required to protect the
health anc safety of citizens of the Commonwealth, the Department may revoke
the emergency certification, condition tne work permitted thereunae:. or take
such other action as it deems appropriate.
(6) Agricultural Emergencies
(aj Notwithstanding tne provisions of 3:0 CMR 10.06(1) through (4). any
person may undertake work for the emergency agricultural activities
described m 31C CM,-. I0.06(6)tgi when necessary to:
1. eliminate an. ""imminent tnreat to land in agricultural use:
2. restore land in agricultural use that has been damaged due to a storm.
or other sudden, unforeseen event; or
3. provide an emergency agricultural water source when the existing
agricultural water source suddenly and unforeseeably has been rendered
unusable or unavailable.
Co) Written notice of any work undertaken as an emergency activity under
310 CMR 10.06(6) must be received by the conservation commission and
mailed to the Department within three days after the work has commenced
or within three days after the end of the emergency event, whichever is
sooner. Such notice shall state the name of the person performing the work,
the name of the property owner (if different), the property and tne location
on the property where the work is to be performed, the exact nature of the
emergency and of the work which is to be performed, and when the work was
begun, and when it is expected to be completed. The commission may, at its
discretion, conduct a site visit to view the work being performed under such
notice anc to confirm, that tne information in the notice is correct.
(c) When ar. emergency is caused by a storm, any work undertaken as an
emergency activity under 31C CMR. 10.06(6) must commence within 30 cays
following tne storm, event which caused the agricultural emergency.
(dj Any work undertaken as an emergency activity under 310 CMR 10.0615)
snal oe completed within 3C cavs from tne commencement of such work
uniess written approve for a later completion cate is given by the
Commissioner
Farming in Wetland Resource Areas (1/94) A-21
■■
Appendix B
Wetlands Protection Act & Agriculture Regulations
lei No work under 21C CMR 10.0616) shall be allowed within estimated
habitat which is indicated or. the mos: recent Estimated Habitat Maps of
State-Listed Rare Wetlands Wildlife published by the Natural Heritage and
Encangered Species Program of the Massachusetts Department of Fisheries,
Wildlife, and Environmental Law Enforcement.
(fi V\ork unaer 310 CMR 10.0616) shall not fill or dredge a Salt Marsh.
(gl Only the following emergenc> activities are allowed under 310 CMR
10.06|6)(a):
1. Tne installation of stream bank stabilization measures, provided that:
a such activity is carried out in accordance with Soil Conservation
Service best management practices;
b. nc more tnan 100 linear feet of bank are altered per storm event,
and no more than 200 linear feet of new rip rap or gaoions are placed
on the bank of a stream under this provision cumulatively; and
c. after the 200 foot tnreshold has been reacned the placement of
acditional np rap or gabions following future storm events snail
require tne filing of a Notice of Intent.
2. Tne removal of storm debris, including trees, brush, branches, and
cobb:es. that were deposited in a stream cnanne; during the stom; event,
provided that:
a. after the materia- is removed it is not placed on a bank or in a
Borcering Vegetated Wetland;
b Soil Conservation Service best management practices are
followed: and
c removal of material from a stream is limited to 100 linear feet
per storm, event.
3. Tne development of an emergency agricultural water source where
tne existing agricultural water source suddenly has been rendered
unusable because of contamination, sudden diversion, or other unforeseen
circumstances. W'nere an emergency agricultural water supply is
required
a tne work shall be conducted so that impacts to Bordering
Vegetated Wetland are minimized and ail impacts, including
excavation, access, and an\ other alterations to Bordering Vegetated
Wetland, snaL not exceed 2,000 square feet;
b. the size of the water supply snail be limited to that necessary to
provide the amount of water required to abate the emergency, but not
to exceed 2,000 square feet,
c. a Notice of Intent shall be filed if the agricultural water supply is
to be used for more than 60 days, in which case the agricultural water
supoly snail compiv with existing performance standards under 310
CMR*lC.53(3)(a). fb). and (gj: and
c. ail work snail compiv witn the Water Management Act, M.G.L.
c. 2lG
fn) Tne provisions of 310 CMR 10.06(5) shall expire three years from its
effective oate.
(7) Notwithstanding any other requirement of 310 CMR 1C.06, Immediate
Response Adtions receiving oral approval from the Bureau of Waste Site
Cleanup (BW'SC) of the Department of Environmental Protection pursuant to 310
CMR 40.042012). or initiated up to 24 hours prior to notification to and oral
approval by BW'SC pursuant to 31C CMR 40.0420(7) and (8j, mav commence
before requesting tne conservation commission to issue an emergency
certification under 310 CMR 10.05. so long as sucn request is made within 24
hours after BW'SC has orally approved commencement of tne Immediate
Response Action. Once a request for emergency certification has beer, made
pursuant to 310 CMR 10.06(7), work that commenced before such filing may
continue pending a decision or. tne request by tne conservation commission.
Such work may also continue pending a decision on a request for Departmental
review umess the request has not been filed witn the Department within one
business oay of: issuance by the conservation commission of the emergency
certification denial b;. a conservation commit or. of tne emergency
certification, or faiiure b\ a conservation commission to a:* within 24 .:ot-rs of
a request to: emergency certification
A-22 Farming in Wetland Resource Areas (1/94)
Appendix B
Wetlands Protection Act & Agriculture Regulations
The Agricultural Limited Projects [310 CMR 10.53(3)(a, b, and c)]
10 52: General Provisions
|1) If the issuing authority determines that a resource area is significant to an
interest identified in the Act for which no presumption is stated in the Preamble
to the applicable section, the issuing authority shall impose such conditions as
are necessary to contribute to the protection of such interests.
(2) When the site of a proposed protect is subiect to a Restriction Order which
has been duly recordeG uncer the provisions of M.G.L. c. 131. s. 40A. such a
proiect shall conform to both the provisions contained in that Order and to Part
III of 310 CMR 10.00.
(3) Notwithstanding the provisions of 310 CMR 10.54 through 10.57 and 10.60.
the issuing authority may issue an Order of Conditions and impose such
conditions as will contribute to the interests identified in the Act permitting the
following limited projects (although no such proiect may be permitted which will
ha-. e any ad\erse effect on specified habitat sites of rare vertebrate or
invertebrate species, as identified by procedures established under 310 CMR
10.551:
lai Work on land to be usea primarily and directly in the raising of animals,
including but not Limited to dairy cattle, beef cattie. poultry, sheep, swine,
horses, ponies, muies. goats, bees and fur-bearing animals or on land to be
used in a reiated manner which is incidental thereto and represents a
Customary and necessary use in ra.sing such animals: and work on land to be
used primarily and directly in the raising of fruits, vegetables, berries, nuts
and other foods for human consumption, feed for animals, tobacco, flowers,
sod. trees, nursery or greenhouse products, and ornamental plants and shrubs:
or on land to be 'used m a reiated manner which is incidental thereto and
represents a customary and necessary use in raising such products, provided
they are carried out in accordance with the following general conditions and
any additional conditions deemed necessary by the issuing authority:
1. there shall occur no cnange in the existing topography or the existing
soil ana surface water levels of the area:
2. ail fertilizers, pesticides, nerbicides and other such materials shall be
used in accordance with all applicable state and federal laws and
regulations governing their use: anc
3. all activities shall be undertaken in such a manner as to prevent
erosion and siltation of adjacent water bodies and wetlands as specified
by the U.S. DA. Soil Conservation Service. Guidelines for Soil and Water
Conservation'. A plan prepared by the L'.S.D.A. Soil Conservation
Service through a county conservation district for the improvement of
land for agriculture shall be deemed adequate to prevent erosion ana
siltation.
fb) Work on land to be used primarily and directly in th§ raising of
cranberries or on land to be used in a related manner which is incidental
thereto and represents a customary and necessary use in raising such
products, provided it is carried out in accordance with the following general
conditions and any additional conditions deemed necessary by the issuing
authority:
1. all fertilizers, pesticides, herbicides and other such materials shall be
used in accordance with all applicable state and federal laws and
regulations governing their use: and
2. all activities shall be undertaken in such a manner as to prevent
erosion and siltation of adjacent water bodies and wetlands as specified
by the L'.S.D.A. Soil Conservation Service. Guidelines for f oil and Water
Conservation .
(c) Work on land to be used primarily and directly in the raising of forest
products under a planned program to improve the quantity and quality of a
continuous crop or on land to be used in a related manner which is incidental
thereto and represents a customary and necessary use in raising such
products provided it is carried out in accordance with the following general
conditions a-.c an;, additional conditions ceerr.ec necessary by tne issuing
author, :> :
1. there shall occur no change in the existing topography or the existing
soil anc surface .vater le\ e.s of the area except for temporary access
roacs.
Farming in Wetland Resource Areas (1/94) A-2!
Appendix B
Wetlands Protection Act & Agriculture Regulations
10.53: continued
2. the removal of trees shall occur only during those periods when the
ground is sufficiently frozen, dry or otherwise stable to support the
equipment used; and
3. ail activities shall be undertaken in such a manner as to prevent
erosion and siltation of adjacent water bodies and wetlands as specified
by the U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water
Conservation."
4. the placement of slash, branches and limbs resulting from the cutting
and removal operations shall not occur within 25 feet of the bank of a
water body.
A-24
Farming in Wetland Resource Areas (1/94)
Appendix B
Wetlands Protection Act & Agriculture Regulations
Access for Forestry Limited Project [310 CMR 10.53(3)(r)]
10 53 continued
(r) The construction of a new access for forestry, including leaving in place an access
constructed in accordance with 310 CMR 10.04(,Agricuiture)(b)14.d.. or the enlargement of
an existing access for forestry, provided that:
■ 1. the access is constructed
a. in accordance with a Forest Cutting Plan approved by the Department of
Environmental Management (DEM) under the provisions of M G.L. c. 132, §§ 40
through 46, or
b. on land subject to a permanent, recorded conservation restriction that has been
created in accordance with M.G.L. c. 184, §§ 3 1 through 33, inclusive, and maintains
the land in perpetual forest use;
2. the access is of the minimum practicable width that is required for the cutting and
removal of trees;
3 . practicable alternative access across upland in not available,
4 the number of access ways located within resource areas is minimized,
5 activities shall be conducted when the soil is frozen, dry, or otherwise stable to
support the equipment used,
6. the access does not increase flood stage or velocity,
". the design and installation of the access complies with the Massachusetts Forestry
Best Man a cement Practices Manual When the access involves nil, culverts or other
structures that will obstruct Sow, it sha!! be designed, constructed, and maintained in
accordance with the Massachuserts Forestry Best Management Practices Manual When
crossir.es involve fill, culverts or ether structures that will obstruct flow, they shall be
designed, constructed, and maintained in accordance with the Massachusetts Forestry
Besf Management Practices Manual to aiiovs the unobstructed passage cf existing f.ows
:"cr at least tne 25 vear storm, and
Farming in Wetland Resource Areas (1/96) A-24.1
■■■
Appendix B
Wetlands Protection Act & Agriculture Regulations
Forestry Cutting for Own Use Limited Project [310 CMR 10.53(3)(s)]
10 53 continued
(s) the cutting of trees by owners for their own usr - rmore than 10,000 board feet or 20
cords but less than 25,000 board feet or 50 cords dunn^, any 12 month penod. provided that:
1 after the cutting, the remaining trees in the resource area shall be evenly distributed
throughout the area where cutting occurred and the crown cover shall not be less than
50% Crown cover is determined as the percent of the ground's surface that would be
covered by a vertical projection of foliage from trees with a diameter at breast height of
five inches or greater, where minor gaps between branches are disregarded and areas of
overlapping foliage are counted only once;
2. the cutting and removal of trees shall occur only during those periods when the
ground is sufficiently frozen, dry, or otherwise stable to support the equipment used;
3 the cutting, removal, or other destruction of trees and understory vegetation shall be
minimized within 25 feet of the bank of a water body, except for the purpose of
providing access for the activities described in 310 CMR I0.Q4fAgriculture^l5.:
4. the placement of slash, branches, and limbs resulting from cutting and removal
operations shall not occur within 25 feet of the bank of a water body,
5. no filling, excavation, or other change shall occur in the existing topography or
hydrology of a resource area, and
6 landings for fores: produce shai! not be located in Bordering Vegetated Wetland or
Bank.
A-24.2 Farming in Wetland Resource Areas (1/96)
Appendix B
Wetlands Protection Act & Agriculture Regulations
The Conservation Plan Limited Project [310 CMR 10.53(5)]
10.53: continued
(5) Notwithstanding the provisions of 310 CMR 10.53(1). 10.54 through 10.57
and 10 60 the issuing authority shall issue an Order of Conditions permitting for
The support of existing agricultural production the reconstruction of exis ing
dikes the construction of new ponds or reservoirs, the expansion of existing
Donds or reservoirs, and the construction of tailwater recovery systems and
bv-oass canals/channels, provided that the following criteria are met:
fa) The Notice of Intent shall include all relevant portions of the farm
Conservation Plan (CP) covering the work which has been prepared for the
property and the applicant in cooperation with the United States Soil
Conservation Service (SCS) pursuant to the January 20 1993. Memorandum
of Understanding (MOU) between the Department and SCS concerning CK.
At a minimum, the Notice of Intent shall include a description of the
project, the number of square feet of each type of resource area that will be
altered, and the alternatives that were considered in order to avoid
alterations of wetland resource areas.
(b) There snail be a rebuttable presumption, which may be overcome upon a
clear showing to the contrary, that:
l. work described in the CP avoids impacts to wetland resource areas or
minimizes impacts where they are unavoidable: and
2 construction specifications and mitigation measures contained in trie
CP minimize impacts where impacts are unavoidable and adequately
protect the interests of the Act.
(c) If any presumption set forth in 310 CMR I0.53(5)(b) is overcome upon a
ciear showing to the contrary, the issuing authority shall impose sucn
conditions on the work as are necessary to restore the presumption.
fdl The proiect will not have any adverse effect on specified habitat sites
of rare vertebrate or invertebrate species, as identified by procedures
established under 310 CMR 10.59.
(e) he maximum amount of Bordering Vegetated Wetland whicn may be
altered by the above activities is:
1. 20.000 square feet for the construction or expansion of a pona or
2. 20.0C0 square feet for the construction of a tailwater recovery
3. 20.000 square feet for the construction of a by-pass canal/channe::
and , ...
4. 10.000 square feet for the reconstruction of an existing QiKe.
(D There shall not be any filling or dredging of a Salt Marsh.
(g) The provisions of 310 CMR 10.53(5) shall expire three years from its
effective date.
Farming in Wetland Resource Areas (1/94) A~--
Appendix C
Memorandum of Understanding
C. Memorandum of Understanding
Memorandum of Understanding
between the
DEPAFTMENT OF ENVIRONMENTAL PROTECTION
COMMONWEALTH OF MASSACHUSETTS
and the
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
1. Parties and Statement of Agreement ^
This Memorandum of Understanding is entered into this o?Q
day of jAAJv/f£<J , 1993, by and between the Commonwealth of
Massachusetts, Department of Environmental Protection, hereinafter
known as DEP, and the United States Department of Agriculture,
hereinafter known as the Service, in cooperation with Massachusetts
Conservation Districts and acting under the authority of the Soil
Conservation and Domestic Allotment Act, as amended (U.S.C. 590 a
through f ) .
DEP and the Service deem it mutually advantageous to cooperate
in the undertaking describe in Paragraph 2 of this M0U and hereby
agree as follows:
2 . Purpose
DEP has promulgated regulations under the Massachusetts
Wetlands Protection Act (General Laws Chapter 131, £40) ("the Act"),
that concern agr* -.ultural practices. Under these regulations,
certain farming activities in wetlands may be exempt from the
permitting provisions of the Act if those activities have been
designed to meet the standards of the Service. These are referred
to as "exempt activities." Certain other activities in wetlands
may be eligible for a special type of permit known as a "limited
project" under the Wetlands Regulations. at 310 CMR 10.00 et seq. if
they have been designed to meet the standards of the Service.
The purpose of this MOU is to establish a basis for
cooperation between the Service and DEP by which the Service will
work with Massachusetts farmers to plan resource management systems
and design practices involving wetlands that give appropriate
protection for wetlands. In turn, based on these environmental
safeguards, DEP will be able to maintain regulations that meet the
goals of the Act while minimizing the regulatory burden on farmers.
3 . Scope
This MOU applies to .the planning, design, construction,
reconstruction, and/or expansion of the following water management
projects undertaken for the support of existing agricultural
production within a Bordering Vegetated Wetland ("BVW") as defined
at 310 CMR 10.55(2) :
a. existing dikes;
b. new or existing ponds and reservoirs;
c. tailwater recovery systems; and
c. by-pass canals/channels.
The projects described in this Paragraph will be referred to
in this MOU as "covered projects."
mou sign.scs
A-26 Farming in Wetland Resource Areas (1/94)
Appendix C
Memorandum of Understanding
Memorandum of Understanding Page 2
4 . PEP ' s Agreements
DEP agrees to:
a. furnish to the Service, as they become available to DEP,
DEP wetlands maps and the most recent Massachusetts Natural
Heritage and Endangered Species Program (NHESP) Estimated
Habitat Maps;
b. furnish training to the Service's field staff on wetland
delineation according to the Wetlands Regulations;
c. furnish DEP regional Wetlands staff to the Service for
consultation with the Service's staff on project planning;
d. encourage local Conservation Commissions to participate
early in the planning process; and
e. encourage NHESP staff to provide input within ten working
days of receiving requests for input from the Service about
projects that fall within estimated rare species habitat.
5 . The Service's Agreements
The Service agrees to:
a. coordinate an analysis of each covered project and assure
the following:
i. the project is needed to support existing
agricultural activities (the definition of "land in
agricultural use" found at 310 CMP 10.04(5) will govern
this determination) ;
ii. no reasonably ivailav .e or feasible alternative site
is available for che proposed activity that will avoid
alterations to a BVW;
iii. any resulting alterations of BVW will be the
minimum amount required for- the proposed work; and
iv. any limits for alterations of BVW, as established in
the Wetlands Regulations, are adhered to for any covered
project that is intended to qualify under the Wetlands
Regulations either as an "exempt activity" or as a
"limited project"; v
b. work with farmers to plan resource management systems and
design covered projects according to the Considerations for
Water Quantity and Quality contained in its SCS Field Office
Technical Guide Standards and Specifications (as amended and
updated from time to time) . The design for any covered
project will be incorporated into the farm Conservation Plan
(CP) for that property. The Service will incorporate into a
CP only projects that meet the requirements of Paragraph
5(a) (i through iv, inclusive), above and of Paragraph 5(c) (i
through iii, inclusive), below;
c. include in Conservation Plans:
i. a delineation on a map of the boundaries of all
wetlands which fall within the jurisdiction of the Act;
ii. a description of all proposed activities affecting
wetland resource areas, including an estimate of the
amount of the wetland resource areas affected; and
mou sign. scs
Farming in Wetland Resource Areas (1/94) A-27
Appendix C
Memorandum of Understanding
Memorandum cf Understanding Paae 2
iii. a description of measures that will be taken to
minimize impacts to BVW, such as erosion control
measures, construction techniques, and sequencing;
d. review, when preparing CPs, the most recent Estimated
Habitat Map (the "Habitat Maps"), if any, supplied to it by
DEP or NHESP of state-listed vertebrate and invertebrate
animal species occurrences in wetlands which are subject to
the jurisdiction of the Act. If a covered project will alter
wetlands within any area delineated on the Habitat Maps, then
the Service will consult with NHESP on ways to design the
covered project, so as to avoid any short or long term adverse
effects on the actual habitat of the local population of any
state-listed species'. The recommendations made by NHESP shall
be incorporated into the CP;
e. obtain input from the Conservation Commissions regarding
wetland delineations. The Wetlands Regulations require the
farmer to submit the CP to the local Conservation Commission
for review. Based on its review, the Commission may make
comments on the CP. The Service agrees to revise its wetland
boundary delineations to conform to any written comments of
the Commission, except insofar as those comments are modified
by an applicable final wetlands boundary delineation pursuant
to the Act, in which case the Service shall conform with that
boundary delineation. The Service may consider, but need not
adopt, any comments by the Commission on matters other than
wetlanu boundary delineations ; and
f . compile and maintain a comprehensive list of all CPs that
are developed where BVW is proposed to be altered. This list
shall contain the project location (city or town) , project
type, and amount of BVW that is proposed to be altered. Upon
request, the Service will provide DEP with a copy of the most
recent CP information.
6 . Mutual Agreements
It is mutually agreed- that:
a. it is the intent of each party to this MOU to fulfill its
obligations under this MOU. However, commitments cannot be
made beyond the period for which funds have been appropriated.
In the event funds from which each party may fulfill its
obligations are not appropriated, this MOU will automatically
terminate;
b. this MOU may be amended as agreed in writing by the
parties hereto with the advice and consultation of the
Farmland Advisory Committee established pursuant to the
Commonwealth of Massachusetts, Acts of 1991, Chapter 141;
c. this MOU may be terminated by either party hereto by
written notice to the other party at least thirty (30) days in
advance of the effective date of the termination;
d. the initial date cf this MOU shall be effective on the
date appearing in the first paragraph and shall continue in
mou sign.scs
A-28 Farming in Wetland Resource Areas (1/94)
Appendix C
Memorandum of Understanding
Memorandum of Understanding
Page 4
effect through September 30, 1993. It may be renewed for
subsequent federal fiscal years by exchange of correspondence
between the parties;
e. no Member of or Delegate to Congress or Resident
Commissioner shall be admitted to any share or part of this
MOU, or to any benefit that may arise therefrom; but this
provision shall not be construed to extend to this MOU if made
with a corporation for its general benefit;
f . activities conducted under this MOU will be in compliance
n ^ Wli Vti W a .* w * a M a. W *■*■ ■m. <*- *»i — * * *■* w ^ V>< ^> ■» «V * «» w — ** * • m~ «■» *7 W W * • tap ti ■» • = ^ ■— . _ a ■ — a» w •» W ■?
VI and VII of the Civil Rights Act of 1964, as amended, the
Civil Rights Restoration Act of 1987 (Public Law 100-259) , and
other nondiscrimination statutes, namely Section 504 of the
Rehabilitation Act: of 1973, Title IX of the Education
Amendment of 1972, and the Age Discrimination Act of 1975.
Activities conducted under this MOU also shall be in
accordance with regulations of the Secretary of Agriculture (7
CFR-15, Subparts A and B) which provide that no person in the
United States shall, on the grounds of race, color, national
origin, age, sex, religion, marital status, or handicap be
excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination under any program or
activity receiving federal financial assistance from the
Department of Agriculture or any agency thereof.
IN WITNESS thereof,
agreement.
the agreed-to -parties have executed this
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT J^£ ENVIRONMENTAL PROTECTION
By:
Title:
Date:
x?
j
^L
£z&m 'C,w£*Q"
1 1
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
By:
Title: State Conservationist
Date:
'Mo/<?*>
mou sign.9cs
-Ej'saiLiL^^AA,-Ml3nH Pr^,,^ Aroac M/Q4'
A -2 9
Appendix D
Chapter 141 of the Acts of 1991
D. Chapter 141 of the Acts of 1991 (Establishing the Farmland Advisory
Committee)
AN ACT TO ESTABLISH A UNIFORM DEFINITION OF NORMAL MAINTENANCE OR IMPROVEMENT
OF LAND IN AGRICULTURAL USE .
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
SECTION I.
Whereas: There are nearly 700,000 acres of land in Massachusetts which is owned and managed by farmers.
The continued urbanization of this state is making this land more and more important as open space, wildlife
habitat, groundwater recharge zones and as a buffer to the environmental impacts associated with increases in
population density, and;
Whereas: Farmers across the state are faced with a growing morass of regulation and restriction which is
increasing the cost of farming and jeopardizing the future economic viability of our farms. This, in turn,
jeopardizes the open space which is supported by the agricultural operation; and;
Whereas: Although the Wetlands Protection Act exempts "work performed for normal maintenance or
improvement of land in agricultural use" many routine and long standing farm operations are being challenged by
local and state agencies, creating confusion, frustration and in some cases, costly delays. The intent of this Act is
to establish a uniform definition to assist the agricultural community in complying with the Wetlands Protection
Act and reducing the current uncertainty that exists:
SECTION 2. Section 40 of Chapter 13 1 of the General Laws is hereby amended by inserting, after the
eighteenth (18) paragraph, the following paragraph: -
Within one hundred and twenty days of the effective date of this act, the deparrmtm. upon the advice and
consent of the Commissioner of the Department of Food and Agriculture, shall promulgate rules and regulations
pursuant to this section which shall establish definitions for the term "normal maintenance or improvement of
land in agricultural, or in aquacultural use", for each agricultural commodity or, where appropriate because of
similarities in cultural practices, groups of commodities in the Commonwealth. The department shall create a
farmland advisory board to be appointed by the commissioner consisting of five persons one a member of the
cooperative extension service, one a member of the USDA soil conservation service, one a member of a
municipal conservation commission who has demonstrated expertise in agricultural issues, and two commercial
farmers with expertise in different agricultural commodities to assist the department in the drafting of rules and
regulations pursuant to this paragraph.
SECTION 3. Chapter 131 of the General Laws is hereby further amended by inserting after Section 40A, the
following section: -
Section 40B. The farmland advisory committee established in paragraph nineteen of section 40 of this
chapter shall meet quarterly and at the call of the commissioner or upon written request of any two members.
The committee is charged with advising the commissioner relative to the definitions of "normal maintenance or
improvement of land in agricultural or aquacultural use" and other issues relating to agriculture including but not
limited to, consistency in federal and state statutes, rules, and regulations pursuant to agricultural activities
governed by Chapter 131, Section 40 of the General Laws and issues affecting agriculture pursuant to Chapter
21G of the General Laws The farmland advisory committee, in conjunction with the department, shall make an
annual report to the committee on natural resources and agriculture as to their activities under this section.
SECTION 4 The department of environmental quality engineering shall submit any rules and regulations
promulgated under the provisions of this act to the committee on natural resources and agriculture for its review
within thirty days prior to the effective date of said regulations.
A-30 Farming in Wetland Resource Areas (1/94)
Appendix E
SCS Technical Guide Standards: A Sample
E. SCS Technical Guide Standards: A Sample
The SCS conservation practice (BMP) standard for irrigation taiUvater recovery system is included as a sample In
this section.
This standard is part of the SCS Field Office Technical Guide (FOTG) Section IV. Section IV also includes
many other conservation practice standards that often are used in planning resource management systems with
farmers and other land users.
The conservation practice standards periodically are reviewed and brought up to date as described in the section
"The Field Office Technical Guide, see page 3-4 of this Guide."
The FOTG is located in each SCS field office in Massachusetts. The office locations are listed in Appendix A
of this Guide.
Farming in Wetland Resource Areas (1/94) A-31
Appendix E
SCS Technical Guide Standards: A Sample
USDA-SCS
Amnerst, MA
Field Office Technical Guide-
Sect ion IV
irrigation System. ,
Taiiwater Recovery - 447
STANDARD
IRRIGATION SYSTEK, TAILVSYTER RECOVERY (No.)
Definition
A facility to collect, store, and transport irrigation taiiwater for reuse in a
farm irrigation distribution system.
Scope
This standard applies to the planning and functional design of irrigation
taiiwater recovery systems, including pickup ditches, sunps, pits, and
pipelines. It does not apply to detailed design criteria or construction
specifications for individual structures or conponents of the recovery system.
Purpose
To conserve farm irrigation water supplies and water quality by collecting the
water that runs off the field surface for reuse on the farm.
Conditions Where Practice Applies
Taiiwater recovery systems are suitable for use on sloping lands that are
served by a properly designed and installed surface irrigation system to
facilitate the conservation use of soil and water resources. They are also
suitable for use in areas where recoverable irrigation runoff flows or can be
anticipated under the management practices used or expected to be used.
Planning Considerations for Water Quantity and Quality
QUANTITY
1. Effects on the water budget, especially on volumes and rates of runoff,
infiltration, evaporation, transpiration, and deep percolation, and
groundwater recharge.
2. Effects on downstream flows or aquifers that would affect other water uses
or users.
3. Effects on the volume of downstream flow that could cause undesirable
environmental, social, or economic effects
4. Potential use for irrigation water management.
QUALITY
1. Effects on the movement of sediment and soluble and seciment-attashec
substances on downstream water carried bv runoff.
MLRA-Ail
1/89
A-32
Farming in Wetland Resource Areas (1/94)
Appendix E
SCS Technical Guide Standards: A Sample
USDA-SCf
Amherst, MA
Field Office Technical Guide
Section IV
Irrigation System,
Taiiwater Recovery - 447
2. Effects of nutrients and pesticides on surface and groundwater quality.
3. Effects on the movement of dissolved substances to groundwater.
4. Effects on wetlands or water-related wildlife habitats.
5. Effects on the visual quality of water resources.
Design Criteria
COLLFTTION FACILITIES. Facilities for the collection of irrigation taiiwater
are an integral part of irrigation systems, surface and subsurface (443).
SUMP OR PIT. A sump or pit is needed to store the collected taiiwater until it
is redistributed in the farm irrigation system. The desired control of water
at the point where the taiiwater is returned to the irrigation system shall be
considered in determining the size of the sump.
Small sumps with frequently cycling pumping plants may be used where the
taiiwater discharges into an irrigation regulation reservoir or into a pipeline
with the flow controlled by a float valve. However, if the irrigation
distribution system, does not include facilities for regulating fluctuating
flows, taiiwater sumps shall be made large enough to provide th. regulaw Lon
needed to permit efficient use of the water.
Sumps must be equipped with inlets designed to protect the side slopes and the
collection facilities from erosion. A dike or ditch shall be provided if
necessary to limit the entrance of surface water to the designed inlet.
Sediment traps shall be installed if needed.
Sumps or pits shall be designed and constructed according to applicable SCS
standards and specifications. <._
RETURN FACILITIES. All taiiwater recovery systems require facilities of some
kind to convey the taiiwater from the storage sump to the point of reentry into
the farm irrigation system. These facilities may consist of a pump and
pipeline to return the water to the upper end of the field, or they may consist
of a gravity outlet having a ditch or pipeline to convey the water to a lower
section of the farm irrigation system.
The capacity of return facilities shall be determined by an analysis of
expected runoff rates, the proposed sump storage capacity, and the anticipated
use to be made of the taiiwater.
If the return flow is used as rn indapendent irrigation stream rather than as a
supplement to the primary irrigation water supply, the rate of flow must be
adequate for the metr.ocE of water aoolication employed.
MLPA-A_1
1/89
-C^mo i r. r, ir> \A/^»>->rt>J P r- r~ Q
a * Li '°^
Appendix E
SCS Technical Guide Standards: A Sample
USDA-SCS
A-Therst, MA
Field Office Technical Guide
Section IV
Irrigation System,
Tailwater Recovery - 447
Pipelines, lined or unlined ditches, and punping plants used in return
facilities shall be designed and constructed according to applicable SCS
standards and specifications.
Plans and Specifications
Plans and specifications for. irrigation tailwater recovery systems shall be in
keeping with this standard and shall describe the requirements for applying the
practice to achieve its intended purpose.
F O rryy i
M in w»...nH pB«n,.r«. Areas (
1/94)
Appendix F
SCS Farm Conservation Plan: A Sample
F. SCS Farm Conservation Plan: A Sample
scs-CA-m
*62
A
CONSERVATION PLAN
UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE
cooperating with
MASSACHUSETTS
Conservation District
Ownpr WETLANDS PROTECTION ACT-EXAMPLE Plan No WPA-1
Operator
MA
R. RIGHT
County Slat*
Lneatinn MASSACHUSETTS
AUJ»l«d By
Date 6/93
Scale 1 ' =450 ' approx . Acres
Approximate Approximate
Photo No __
.Access Re.
— Wetiar.d Boundar*
Field 3our*dary
I meatier. Pioeiir.e (clar-nec"
Apprcx. Scale: 1" = 45C
Farming in Wetland Resource Areas (1/94)
A-35
Appendix F
SCS Farm Conservation Plan: A Sample
This plan was prepared to serve as a requirement under the
"Conservation Plan Limited Project" permit category of the
Massachusetts Wetlands Protection Act. The plan guides the
establishment of a new Irrigation Pond within an area of
Bordering Vegetated Wetland (BVW) . The Pond will support
Cropland Field No. 3 Irrigated Vegetables, 5 acres.
The pond construction will affect approximately 6500 8.F. of
BVW. The pond is a dugout-type pond and all spoil material
from the project will be removed and disposed of within
upland.
The landowner's objective is to raise high value vegetables
and small fruits and to provide adequate water for
irrigation and frost protection needs of the crops.
RECORD OF COOPERATORS DECISIONS
(Example Conservation Plan)
FIELD PLANNED LAND USE AND TREATMENT page 1 of 3
NO. AMT. YR.
3 5 AC. CROPLAND (Irrigated Vegetables)
3 5 AC. Conservation Cropping Sequence This
field will be used to raise a variety
of vegetables and some small fruits in
rotation with a summer green manure
crop (one-fifth of area each year) .
3 5 ac. Cover and Green Manure Crop A fall
cover crop of 112 pounds per acre of
rye grain will be planted by September
3 0th and the cover will be maintained
through the spring until preparation of
the soil for the next crop.
A summer green manure crop of buckwheat
will be planted at a rate of 75 pounds
per acre by June 15th.
The cover crops will control erosion,
improve soil tilth, take up residual
nutrients, add organic matter and
improve wildlife habitat.
3 1 system Irrigation System. Sprinkler A
5 ac. Sprinkler Irrigation System will be
installed to efficiently and uniformly
apply irrigation water to maintain
adequate soil moisture for optimum
plant growth without causing excessive
water loss, erosion or reduced water
quality. The system will be installed
according to SCS design standards.
\-ib Farminq in Wetland Resource Areas (1/94)
Appendix F
SCS Farm Conservation Plan: A Sample
FIELD PLANNED LAND USE AND TREATMENT page 2 of 3
NO. AMT. YR.
3 600 ft. Irrigation Water Conveyance.
Pipeline Irrigation water will be
conveyed by means of a buried
underground plastic mainline to the
area to be irrigated. The pipeline
installation will be done according to
SCS design standards.
3 5 AC. Irrigation Water Management The
rate, amount and timing of irrigation
, water will be done in accordance with
SCS standards and specifications. See
Irrigation Water Management Plan.
3 5 AC. Nutrient Management Crop nutrient
inputs will be applied in accordance
with annual soil tests, expected crop
yields and current Cooperative
Extension recommendations. Stored
manure and other organic waste will be
tested for nutrient content and applied
according to nutrient management
strategy.
3 5 AC. Pest Management Pests will be
managed in accordance with Integrated
Pest Management specifications. A pest
management strategy will be developed
based upon the crop and target pests,
in cooperation with Cooperative
Extension.
6 OTHERLAND (Wetland areas adjacent to
Lampson Brook)
6 1 No. Irrigation Pond An excavated pond
will be constructed in the area shown
on the plan map, according to design
standards and specification provided by
the Soil Conservation Service. See SCS
design for specifics.
6 0.1 ac. Critical Area Planting Bare pond
side slopes and other disturbed
areas will be stabilized by
seeding according to specification on
pond design.
Farming in Wetland Resource Areas (1/94) A-3
* ^
Appendix F
SCS Farm Conservation Plan: A Sample
FIELD PLANNED LAND USE AND TREATMENT page 3 of 3
NO. AMT. YR.
5 HAYLAND
5 0.5 AC. Critical Area Planting Spoil
material resulting from the pond
excavation, will be spread within
upland hayland areas ( as shown on the
plan map and as staked in the field)
and stabilized with a planting of
domestic grass hay mix. Specific seed
mix, lime and fertilizer recommedations
will be based on test of the spoil
material .
A-38 Farming in Wetland Resource Areas (1/94)
Appendix F
SCS Farm Conservation Plan: A Sample
U.S. Department Of Agriculture
Soil Conservation Service
MA-ECS-3
5/93
ENVIRONMENTAL EVALUATION DATA SHEET
Project/Landowner Name EXAMPLE
a „«. is -„ TO RAISE HIGH VALUE VEGETABLES AND SMALL
jSJftol PONO jJliX ^U.KXN, VMHSTED WETLANO AB^TTpIELD6 . _
Aiternat.ve Being Considered ""HT^ Tn>; rpnppTNr, SKOOENCE , _|«|Sf
^^-^R^^T^N^"°e"^l^f^^F^ MUHS PESTMAN^^X
^valuator R. RIGHT
Field nrrir* MASSACHUSETTS Date,!ZH
Environmental Factors
Effaced')
short long
Notes
Soil Resources
Important Farmland
Erosion and Sedimentation
Effect on Soil
Water Resources
Wetlands
water Quality
Water Quantity
Air Resources
Air Quality
Plant Resources
Threatened/Rare or
Endangered Species
Plant Health and Vigor
Animal Resources
Threatened/Rare or
Endangered Species
Fish and Wildlife Habitat
Other
Flood Plain Management
Archeological/Historical Site
Visual Resources
C.ii? -aed L&nti Use
wild and Scenic Rivers
ACEC's
tne fcilowinc ite^s
Soils arg Prige
ronservationMot, Svst . planr.-
rr.S inrlurffg Cnver 'Crcpn Mannrr
Irrig. Res. option in wetland
will affect 6,500 sq.ft. of type
l|rr-io. W^Ifil Mcr. ^uLS /v"cr up1
Mr VnnOT TPnr F nrpcpnr -' n ATP?
0 frn flT| plannpr ATI cnn-H rpt»nvp
t*n hnnvf" A/H —
rrrrfjplH r^ Kp cppt, ^rnff V»11>
tprrT cilaff rnrr,'h"' 'n vppc:
rrr
( 1) Co=e
+ (beneficial) , 0 (no apparent e
_f feet) , - (detrimental)
Short term effects are for" the installation period.
. :-- :.. t>/^4l^„^ P^^,..^ A-^ac M/Qd\
A-39
Appendix F
SCS Farm Conservation Plan: A Sample
Mimr.ai Effect Determination *w
Alternatives to the Proposed Action *• Selection of crops that may not require jry*
2. Irrigation water source from well or municipal w/ drip irrie.
3. Escapiish irr;^. reservoir jr. upland area.
Degree of Public Interest Pro-tect has support of local conservation commission,
No individual or organization has expressed concerns.
Potential Controversy vjnne knovm.
Zcor.cr.iC Impact Farmer hag ect.qM i chee a market for the tv?e of high value vegetables
and fruits to be grown. P-nnoca; is jr. ^arnerc bpsn economic interst.
;OCl = l I.T.DaCt ?r^?c3| v- ' i -onr>r~ r~ lor.al. srafP gnH *pHprg1 regulations.
RECOMMENDATIONS
v_ l. Proposal does not have significant adverse environmental effects.
(No Significant Impact) SCS may provide assistance.
2. Proposal may have significant impacts. Initiate an environmental
assessment. (The planner should request State Headquarters
< assistance before proceeding further) SCS will evaluate propos.
further or consider other alternatives.
:. Proposal has significant adverse environmental effects, and will
not be considered as a reasonable alternative. .. .SCS will
evaluate other alternatives or discontinue assistance.
REMARKS
Water Resource Establishment of a 6,500 sq.ft. dug-out irrigation reservoir in a type
wetland does not conflict with FSA/FACTA, Massachusetts Wetlands Protec
tion Act, or Section 401 and 404 of Clean Water Act. (provided no fill
is placed in floodplain or wetland.)
Alternatives Farmer desires rc utilize overhead sprinkler irrigation delivery system
for 3 reasons: 1. frost protection option; 2. can use some equipment
that is on-hand; 2. has previous experience in system use.
A-40 Farming in Wetland Resource Areas (1/94)
Appendix F
SCS Farm Conservation Plan: A Sample
USDA - Soil Conservation Service
ALTERNATIVES ANALYSIS DATA SHEET
MA-ECS-4
5/93
Project/Landowner Name
(1)
EXAMPLE
ObUtive TO PROVIDE ADEQUATE SOURCE OF WATER FOR PRODUCTION NEEDS (irrigation and
freeze nrnt.rcionl FOR HloH VALul VLlLlAbLLb AND SMALL fcKUUS
Field Office MASSACHUSETTS Date 6/93
Evaluator R. Right
(2)
Alternative
|. Developed well with
overhead sprinkler
delivery system
. Driven well with drip
irrigation delivery
svstem
3. Reservoir with
overhead delivery
system
a. Reconstruct silted-
in pond on un-n. led
brook
3b. Dug-out pond in
wetland adjacent
Lampson Brook
3c. Stream by-pass
enhanced dug-out
pond with low dike
adjacent Lampson Brk
3d. Embankment pond in
upland area with
stream by-pass
(3)
completeness
Groundwater yields
not favorable
Will not provide freeze
protection
Will meet required need
Strear nydrology
s .spect during dry
period^
Will supply needs even
in dry periods
Will supply needs
Will supply needs
(4)
Efficiency
Not feasible to
develop well that
will deliver required
150 GPM
Costs of dripline
materials will be
excessive due to
required coverage
Will allow use of
some irrigation
equipment on-hand
Difficult access thn High cost and high
(5)
Acceptability
Not acceptable
Not acceptable to
farmer
Preferred by farmer
wetland^ pose threat
ud cc-i. increase
Will convert 6,500sf
of BVW to open
water .
Est. cost is $4-5, 00C
Same as 3b but with
fill for low dike
Diverts stream flow
from Lampson Brook
thru pond to re-ente
stream 750' D/S
Est. cost is $10,000
0&M
0k with state and fed.
regs.
Preferred by farmer
Not acceptable to state
and federal wetland reg
due to fill in wetland
Stream by-pass a concer
to local CC
Costs not acceptable
to farmer
(1)
(2)
(3)
(4)
(5)
Clearly state the identified objective.
Clearly list the alternatives being analyzed.
To what degree does the alternative include everything that is needed
to address the objective?
~s the alternative a cost-effective means of meeting the objective.
~This refers primarily to dollar costs, however the environmental
effects must be considered here. Cost computation should include ail
engineering/ construction and O&M costs. .. .
is the alternative viable with respect to the landowner, local public,
state and federal agencies and state and federal laws.
M
: — ... La i»i-t
-*
— >t_P
^MHiiii^X
A -4
Appendix F
SCS Farm Conservation Plan: A Sample
T6M
El iOD.D
^ SL"=> QitK iu 5"" DBw
^ EL*Tt£f
1*1, 000
iBnanai:
1. saa «■! lull aa —mm ■« to tu iuu, in m im
mnnw aa nun is tsa rials ana as anava on to«
aaaaTCmaUaa avavuafa as aairiy aa caa as saaiaiaa ay
*»■"«■' aaaaal las af tan asoa-rauaa aau^ant.
a. asm aaa aaar anaris wIUlls im nu aaall aa i a— 1 1 il
rrnn tan aiu aaa pajinr li t ar.
>. aaall —mil rrsa us nana sainllsailaa aaall as
nawal fraa taa sits aaa lianas sa ar vitaia uaisna aras
'■*—•*•—* aa taa aiaa nn ana as staaaa la us rials. !*•
aaa il sill aa lavaias sairioiastir rar swaat ssiaiii ans
ananaanaan karma, aa aaall aaall aa 1 1 aaa s ■ n ar vital*
«. Baaassaat sias sisaa laiwi or taa aana vlll as
ataaillsaa a* aaaaufai aaan Cananr orsss st rata or 1 aasm
aar i.ena «.». aac imn st rats ar e.i pans pr i.eoe
«.F.
t. las assM far taa *naa» Laaatlan* aasll as 11* larsr or
sBaanaataa aamraa aiainl ta arvriss s ru-s raasasatian. tan
•ail aaa aar aaaaaia as tsa- la 1 aaall aa rsna-rsa ariar to
aaiaai lanian taa ar»<?ai aaas. a aaaia raran ar araval ars
LI IT if aaMTlili
1. Claariaa ana araaaing. .o. i» aersi
1. eaaraa anval f e.t
lt t.toe ».». i.oii so or MavaxBe laiuim
am. ai tuna rr twji raarccr*
°\1>.Q
S
I
/
Landowner ia responsible for
verifying axietanca and
location of undaroround
utilities and is Hails for
any daaaa* by construction
activity.
CALL MASS. 0ZC SATE:
l-a00-323-4s44
/
<fc>. \
WPA IdetUi.,
bouiMatuu-
Prepared by
Checked by
Approved by
Contractor
AS BUILT
(Date completed
llttTt Scale
xmxtaxiai pond design
a CL S. DCAHICKNT OF AGHICULT
O MIL CDNSHVATTON SERVICE
^Jkt *&.'—
A-42
Farming in Wetland Resource Areas (1/94)
Appendix G
Monitoring Committee Information Collection Form
G. Monitoring Committee Information Collection Form
Agriculture Regulations Monitoring Form
Use this form to keep track of your encounters with the 1993 amendments to the Massachusetts Wetlands
Protection Act Regulations regarding agriculture. Feel free to make copies and share them with others. Submit
this form to:
Communwealth of Massachusetts
Department of Environmental Protection
Division of Wetlands and Waterways
One Winter Street
Boston, MA 02108
Attention: Agriculture Regulations Monitoring Committee
The Department of Food and Agriculture and the Department of Environmental Protection thank you for your
efforts.
1. Your Name, Address, and Telephone Number (optional)
Giving us this information will allow us to contact you for more information if we have questions.
Name
Address.
Title (if applicable).
Telephone: home = { ) : work = {_
2. Location of the Activity
Please indicate the city or town where the work took place or whose Conservation Commission acted or
failed to act. and the address or location of the property in question.
City/Town.
Address/Location.
3. Regulation Section Involved (optional)
If you believe that you know the section of the Wetlands Protection Regulations that affects this case, please
note it here.
310 CMR 10.
Description of the Situation
Please describe on the other side the situation that you wish to report. It could be a problem that the new-
Regulations fail to address or address unsuccessfully: it could be a case where the new Regulations are an
improvement over the old Regulations; it could be a situation where the Regulations were not applied
correctly; etc.
Farming in Wetland Resource Areas (1/94) A_43
■■^
Appendix G
Monitoring Committee Information Collection Form
(4. Description of the Situation) (continued)
5. Other Comments
Please use this space to make any other comments about this situation in particular or the new Agriculture
Regulations in general.
Thank you for your help1
A-44 Farming in Wetland Resource Areas (1/94)
Appendix H
Case Studies
H. Case Studies
Farming and Wetlands:
Case Studies
The following examples highlight agricultural work
(maintenance and improvement activities)
in wetland resource areas. These are cases designed
to help the reader understand how 'he
agricultural revisions apply to the
Wetlands Protection Act Regulations. These examples
do not reflect all the possible applicable
farming situations that may arise.
Farming in Wetland Resource Areas (1/94) " -
Appendix H
Case Studies
Case Study # 1
'No
Not to sec e
3arn
House
Situation:
A functioning drainage ditch installed in the mid-1960s to drain a portion of acropfield has filled in
with sediment and vegetation. The field has never been abandoned. The farmer wishes to do work on
the ditch to bring it back to its original shape, depth and grade. How does this situation relate to the
Wetlands Protection Act0
Q: Whc^ is the activity?
A: The activity is maintaining an existing drainage ditch.
Q: Is the project proposed on land in agricultural use (LI A U) ?
A: Yes, because maintaining an existing drainage ditch is necessary and related to production of
the cropfield so it is therefore LIAU.
Q : Wha t happens ?
A: The farmer can go ahead and clean the ditch provided that it does not exceed the scope of the
original ditch and that the work is done in a manner that prevents sedimentation of adjacent
wetland resource areas.
Discussion Points:
1 . The farmer is encouraged to contact SCS for help to ensure that the ditch is not expanded and tc
avoid erosion and sedimentation, during the work. Notifying the conservation commission is
not required, however it is recommended.
A -46
Farming in Wetland Resource Areas (1/94)
Appendix H
Case Studies
Case Study #1 A (cranberries)
Not to sec 'e
Situation:
A grower has an active cranberry bog that is out of level, and plans to install an additional dike and
water control structure in an effort to help conserve water. The plans also include regrading and
replanting the cranberry bed. How does this situation relate to the Wetlands Protection Act?
Q: What is the Activity ?
A: The activities are the installation of a new dike and reshaping and replanting of cranberry bed.
Q: Are the projects proposed on land in agricultural use (UA U) ?
A: Yes
Q: Are the dike/water control structure, regrading and replanting exempt activities ?
A: Yes, as long as they occur within active cranberry beds [10.04 (c)(1)(b)] and [10.04 (b)(13)(d)].
Q: What happens?
A: The grower can go ahead and perform these improvements as long as they are done in a
manner that prevent erosion and sedimentation of adjacent wetlands.
Farming in Wetland Resource Areas (1/94)
A-47
Appendix H
Case Studies
Case Study #2
*, <+• ■*■
ffebng TllllHI
* Pond rrS-=_TifgT^
0
v/v^i.
£<^€
. 3^
ff er
^
Croplcnc
1
J
Not to scale
Barn
House
Situation:
A farmer currently irrigates from a pond which has been determined to be inadequate to meet the irrigation needs
of the crops during extended dry periods. The farmer wishes to enlarge the pond by 8,000 sq. ft. within an area
of bordering vegetated wetland (B VW).
Q : What is the activity ?
A: The activity is the expansion of a pond.
Q: Is the project proposed on land in agricultural use (UAL1)1 <-■
A: No. It is outside any currently productive or related land.
Q: Is the proposed activity exempt?
A: Yes. This is one of the few activities which is necessary to support existing production and is exempt
with an approved Soil Conservation Service (SCS) Conservation Plan. Enlarging an existing pond into
BVW is exempt with a Conservation Plan if the BVW alteration is less that 10,000 sq. ft.
[10.04(c)(2)(f)].
Q : What happens ?
A: The farmer contacts SCS to secure technical assistance in planning and implementingthe activity.
The farmer also sets up an on-site meeting with SCS and the conservation commission as the first
step in the planning process.
Discussion Points:
1 . The decision to expand into a BVW assumes that the planning process has evaluated the alternatives.
2. Early communication with the conservation commission and SCS is beneficial to the planning process
and an on-site scoping meeting is strongly urged [ 10.04 Agriculture (c)(2)]
A-48
Farming in Wetland Resource Areas (1/94)
Appendix H
Case Studies
Case Study #2A (cranberries)
Not to scale
Situation:
A grower is proposing to construct a by-pass channel to one side of an active cranberry bog. Approximately
5,000 sq. ft. of bordering vegetated wetland (B VW) will be altered in the process. The geography on the other
side of the bog consists of a steeply sloping upland bank with houses at the top. How does this situation relate
to the WeUands Protection Act (WPA)?
Q: What is the activity ?
A: The activity is the construction of a by-pass channel adjacent to an active cranberry bog.
V -
Q: Is the proposed activity on land in agricultural use (LI A Ui ?
A: Yes and No. The portion of the channel that is within land related to the production is LIAU.
However, the portion that would be constructed within the B VW is not.
Q: Is the construction of the by -pass channel an exempt activity?
A: Yes. This is one of several activities that are necessary and related to production, and is exempt
if the work is planned and carried.out in concert with a Soil Conservation Service (SCS)
approved Conservation Plan, and if the alteration of the BVW is less than 5,000 sq. ft.
[10.04 (c)(2)(f)(4)].
Q: Wha, happens^
A: The grower contacts SCS to secure technical assistance for planning and implementing the
activity. As part of the planning, the grower arranges an on-site meeting with the conservation
commission and SCS and submits a copy of the Conservation Plan to the Conservation Commission
and DEP regional office.
Discussion Point:
1 . A by-pass channel is considered a waterquality improvement practice.
Farming in Wetland Resource Areas (1/94)
A-49
Appendix H
Case Studies
Case Studv #3
Not to scale
Barn
House
?*' nation:
A farmer has raised silage com/hay in rotation on a field for the past 25 years but has sold the dairy herd and is now raising vegetables
and small fruits that require irrigation water The fanner proposes to excavate an irrigation pond of 1 5,000 sq. ft. in bordering vegetated
wetlands (B VW) adjacent to the cropland. How does this situaoon relate to the Wetlands Protection Act9
Q : What is the activity ?
A: The activity is the construction of an irrigation pond adjacent to a field in production.
Q: Is the project proposed on land in agricultural use (UA U) ?
A: No. It is outside any currently productive or related land.
Q : Is the proposed activity exempt ?
A: No. Constructing a new pond in B VW is not an exempt activity; it is allowed under a new "Conservation Plan Limited Project"
provided that (a) the B V W alteration is less than 20,000 sq. ft. and (bj the project is part of an SCS approved Conservation Plan
[10.53 (5)(c)(l)].
Q: What happens'
A: The farmer files a Notice of Intent (NOI ). For this project, the filing fee is $55. The farmer must include the relevant components
of an SCS approved Conservation Plan with the NOI. The Conservation Commission shall issue the permit, but may adjust the
BVW delineation.
Discussion Points:
1 . The change in commodity from corn silage/hay to vegetable/fruits is exempt as a normal improvement activity [ 1 0.04 (c)( 1 )(f)].
2 If the new pond were to alter more than 20,000 sq ft., then a filing as a normal Limited Project would apply (10.53 (3)(g)].
3. If the new pond were to be constructed ui thin existing LIAU.it would be an exempt activity [10 04(c)( 1 Kg))
4 As part of the Conservation Planning process, all alternatives for the location of the pond are evaluated to determine the alternative
that is the most feasible and of the least impact on the BVW
5 An on-site scoping meeting early on in the planning process is strongly encouraged, bringing the farmer, conservauon
commissioner! si and SCS together
A -50
Farming in Wetland Resource Areas (1/94)
Appendix H
Case Studies
Case Study # 5
crd^i
, aoO
. 3^
ff ef
^
Cropland
Not to scaje
Barn
House
Situation:
A cropfield, which lies adjacent to a river, experienced damage from a storm. The streambank has eroded and the stream
channel has collected two gravel bars which deflect flow against the bank. The farmer wishes to repair the damage to the
field, repair the streambank and clear the stream channel. How does this situation relate to the Wetlands Protection Act1
Q: What is the activity ?
A: The activities are repairing a cropfield. stabilizing a streambank and clearing a stream channel.
Q: Is the project proposed on land in agricultural use I LI 'A L ).'
A: Yes and No. The repairs on the cropfield are inLlAU, but the streambank and the stream channel work are not.
Q : Is the proposed activity exempt ?
A: Yes and No. The repair of the cropfield damage is exempt The stabilization of the streambank and the clearing of the
channel are not, however, they can be allowed under the * Agricultural Emergency" provision.
Q:
A:
What happens?
The farmer can go ahead and repair damage to the cropfield. The farmer needs to contact the local conservation
commission to notify them of the intent to repair the streambank and clear the channel. Under the new "Agricultural
Emergency" provision, up to 100 linear feet of streambank may be allowed to be stabilized and debris within the stream
channel cleared provided certain provisions relative to storm events and notification of activity to the local
conservation commission are met and that SCS best management practices are adhered io
[ 1 0.06 Emergencies (6)(g)( 1 )(2)].
Discussion Points:
1 . It is very important that farmers communicate with the conservation commission as soon as possible and within
the time limits specified in the Wetlands Protection Act.
2. Farmers are encouraged to consider alternative streambank protection techniques.
Farming in Wetland Resource Areas (1/94)
A-5
Appendix I
Forestry Memorandum of Understanding
I. Forestry Memorandum of Understanding
<**»*.
WILLIAM F. WELD
GOVERNOR
RGEO PAULCELLUCCI
LIEUTENANT GOVERNOR
TRUDY COXE
SECRETARY
Tel: (617)727-9800
Fax: (617)727-2754
Memorandum of Understanding
between the
Department of Environmental Protection
and the
Department of Environmental Management
relative to the
Forestry exemption of the Wetlands Protection Act
and the requirements of the Forest Cutting Practices Act
Parties and Statement of Agreement
yy/This
d&Z/^L day
Memo^an^urm of Understanding (MOU) is entered into this
ofrH^>#j%?€£^-r'^1995 by and between the Department of
Environmental ^Protection (DEP) and the Department of
Environmental Management (DEM) . The MOU addresses procedures and
responsibilities for each agency relating to forestry activities
under the Wetlands Protection Act (WPA) , M.G.L. Chapter 131
Section 4 0 and regulations at 310 CMR 10.00 et seq., and the
Forest Cutting Practices Act (FCPA) , M.G.L. Chapter 132, Sections
40-46, and regulations at 304 CMR 11.00 et seq.
The following procedures and responsibilities are supported
by both DEM and DEP based on the understanding that it is
mutually advantageous to cooperate in the undertaking described
in this agreement.
II . Purpose
The purpose of this MOU is to establish a basis for
cooperation between the two agencies, to identify the roles that
each will play in permitting and enforcement to coordinate the
implementation of the wetland regulations and the forest cutting
plan regulations and to advise conservation commissions and
persons involved in forestry activities. This MOU does not
address those sections of the wetland regulations pertaining to
forestry where a forest cutting plan is not needed to meet the
conditions of the exemption [cutting no more than 5, 000. board
feet cr 10 cords by owners for their own use, normal maintenance
activities under 10 . 04 (Agriculture) (b) (4), or normal improvement
activities 10 . 04 (Agriculture) (c) (1) (a)] cr projects requesting
limited nroiect status under 310 CKR 10.53(3) (c, r. cr s.).
A -5 2
Farming in Wetland Resource Areas (1/96)
Appendix I
Forestry Memorandum of Understanding
III. Procedures and Responsibilities
When forestry activities subject to and covered by the FCPA
are to occur in wetland resource areas or the buffer zone as
defined in the wetland regulations, the activity will be exempt
from the provisions of the WPA if carried out in accordance with
an affirmatively approved cutting plan and if conducted in
accordance with the conditions in the wetland regulations 310 CMR
10.04 Agriculture relative to forestry. An affirmatively
approved forest cutting plan is a forest cutting plan that has
been reviewed and approved by a DEM Service Forester. A forest
cutting plan that is granted approval solely due to a lapsed
review period is not an affirmatively approved forest cutting
plan.
DEM and DEP agree that :
1. It is DEM's responsibility to enforce the rules and
regulations regarding forest cutting plans and to see
that the requirements for a forest cutting plan have
been fulfilled by the applicant. The Best Management
Practices Section of the forest cutting plan is to be
completed. This section shall describe wetland impacts
and shall include a master or supplemental map
identifying bordering vegetated wetlands (BVWs) . All
forest cutting plans must also be sent to the
conservation commission so that it is received ten (10)
business days before the work begins. Failure to do so
may delay approval or may be cause for denial of the
forest cutting plan.
2. All decisions relative to the approval or disapproval
* of the submitted forest cutting plan will be made by
the DEM Service Foresters who are agents of the
Director of the Division of Forests and Parks.
3 . All forest cutting plans will be checked by the
Director's agent against the current edition of the
Massachusetts Natural Heritace Atlas. Forest cutting
plans failing within estimated habitat areas will be
immediately forwarded to the Natural Heritage and
Endangered Species Program of the Division of Fisheries
and Wildlife for review and comment.
4. DEM will mail an informational letter to each
conservation commission on an annual basis. The letter
will identify the forest cutting plan requirements, the
ability of the conservation commission to comment on
forest cutting plans ana the DEM offices that can be
contacted in the event of questions,
Farming in Wetland Resource Areas (1/96) A-53
Appendix I
Forestry Memorandum of Understanding
5. As required by the FCPA regulations, the Director's
agent will make a site inspection prior to taking
action on forest cutting plans involving work in
wetland resource areas, endangered species habitat or
Certified Vernal Pools. If requested by the
conservation commission, the Director's agent will meet
with the conservation commission to review the wetland
boundaries and cutting plan activities.
6. If DEM has taken no action to approve or disapprove the
forest cutting plan within ten (10) business days after
submission of the forest cutting plan, harvesting can
begin only on upland areas. Work in BVWs cannot occur
until a forest cutting plan has been affirmatively
approved and a Certificate has been issued by DEM.
7. DEM will simultaneously send a copy of the approved
forest cutting plan and certificate, or disapproved
forest cutting plan to the applicant, local
conservation commission and the DEP Regional Office.
8 . An activity occurring within or causing alteration of a
wetland resource area that does not comply with an
approved forest cutting plan vacates the exemption
under the WPA as described in the first paragraph of
Section III above. DEM agrees to coordinate with the
conservation commission and DEP to bring the activity
into compliance.
9. DEM agrees to conduct a final inspection and issue a
final report in accordance with the approved forest
cutting plan. Forest cutting plans will require
disturbed areas to be substantially restored to allow
pre-existing vegetation to be reestablished, and access
* across BVWs and streams will be removed within one year
of completion of work. DEP has the authority to ensure
compliance of these conditions and agrees to coordinate
with DEM to achieve compliance.
10. DEM Service Foresters will attend at least one wetlands
delineation workshop sponsored by DEP.
11. It is DEP's responsibility to enforce the wetland
regulations and to determine if the activity is in
compliance with the conditions stated in 310 CMR 10.04
Agriculture . An activity occurring within or causing
alteration of a wetland resource area that does not
comply with the general conditions of 10.04(b) or the
specific conditions of 31C CMR 10.04
Agriculture (b) (14) (a-f) vacates the exemption under the
Wetlands Protection Act. DEP agrees to coordinate with
DEM to bring the activity into compliance.
A-54 Farming in Wetland Resource Areas (1/96)
Appendix I
Forestry Memorandum of Understanding
12. DEP agrees to assist in the delineation of a BVW
boundary when requested by DEM.
13. DEM and DEP also agree to establish a review committee
to evaluate the effectiveness of the revisions proposed
for the forest cutting plan regulations and wetland
regulations to be promulgated by the end of calendar
year 1995. The committee will report its findings to
the Farmland Advisory Committee on a yearly basis until
such time that the review committee has fulfilled its
purpose. The review committee will be comprised of one
at -large member appointed by the Farmland Advisory
Committee and one representative each from DEM, DEP,
the Massachusetts Society of Municipal Conservation
Professionals, the Massachusetts Association of
Conservation Commissions and the State Forestry
Committee .
IV. Recommended Procedures for Conservation Commissions
DEM and DEP agree to recommend and support the adoption of
the following procedures by conservation commissions:
1. The conservation commission will have the opportunity
to comment on forest cutting plans, including the Best
Management Practices Section. Comments should be
submitted to the DEM Service Forester during the
cutting plan notification 10 day comment period.
However, comments on the activity relative to wetland
impacts may be submitted to DEM at any time.
2. It is suggested that at least one conservation
commission member be designated the contact for
forestry activity review. The designated member (s)-
* should be responsible for review of the forest cutting
plan and for contacting the DEM Service Forester.
3 . Upon review of the forest cutting plan the conservation
commission should contact the DEM Service Forester if
any of the following occur:
a. wetland resource areas have been inaccurately
identified;
b. the Best Management Practices Section of the forest
cutting plan was not completed for those projects
involving wetlands;
c. the conservation commission has any questions
regarding the forest cutting plan.
4 . The conservation commission should coordinate with DEM
Farming in Wetland Resource Areas (1/96) A-55
Appendix i
Forestry Memorandum of Understanding
if any of the following occur after the forest cutting
plan 10 day comment period has ended. (Conservation
commissions should not initiate enforcement actions if
these situations arise, as it is the responsibility of
DEM to ensure compliance with the FCPA) :
a. work has begun in wetland resource areas before an
affirmatively approved forest cutting plan has been
issued;
b. work is not in compliance with the approved forest
cutting p2an including working in wetland resource
areas that were not described as being part of the
forest cutting plan;
5. If work is taking place in wetland resource areas
without an approved forest cutting plan, for those
activities where a forest cutting plan is needed for
the exemption, the conservation commission may issue an
enforcement order stopping work in wetland resource
areas. Until a forest cutting plan is submitted to and
approved by DEM, the requirements for an exemption have
not been met .
6. If there is a forestry activity that requires a forest
cutting plan occurring in wetland resource areas or the
buffer zone and a forest cutting plan has not been
affirmatively approved, the conservation commission
should notify the landowner that the activity may be in
violation of the W?A and possibly the FCPA.
V. Outreach and Training
DEM and DEP will develop an outreach and training program on
the interrelationship between the FCPA regulations and the WPA
regulations. The purpose of this outreach and training program
will be to inform DEM District Service Foresters, DEP Regional
Wetland staff, conservation commissions, and persons involved in
forestry activities (consulting foresters, loggers, natural
resource managers, etc.) of the pertinent regulations and this
Memorandum of Understanding.
VI . Cooperative Problem Resolution
Realizing that this memorandum cannot cover all possible
circumstances and that protecting our natural resources is a
common goal, the DEM and DEP will work together and cooperatively
with local conservation commissions toward the resolution of
problems .
A-56 Farming in Wetland Resource Areas (1/96)
Appendix I
Forestry Memorandum of Understanding
VII . Duration
This MOU shall remain in effect until it is amended by the
parties or, due to changes in the law or regulations or
otherwise, the parties determine it is no longer advantageous or
appropriate for the terms hereof to be followed.
'O
Date
Peter C. Webber, Commissioner
Department of Environmental Management
f/n/fs
7 pat i
David B. Struhs, Commissioner
Department of Environmental Protection
Farming in Wetland Resource Areas (1/96)
A-57
Appendix j
Instructions and Sample Approved Forest Cutting Plan Application
J. Instructions and Sample Approved Forest Cutting Plan Application
INSTRUCTIONS FOR THE USE OF THE FOREST CUTTING PLAN
MASSACHUSETTS FOREST CUTTING PRACTICES ACT
(MGL Ch. 132 S. 40-50)
The Cutting Practices Act requires any landowner planning a harvest:
suhnect to Che Act to provide proper notice to the appropriate DEM
Regional Office, the Town Conservation Commission, and any abutting
landowner within 200 feet of the cutting area. These notices muse be
sent certified mail or hand delivered. The notice to abutting
landowners must be made using the form "Notice of Intent to Abutters"
and must be sent or delivered at least 1C business days prior to the
start of cutting. The notice to DEM and the Conservation Commission
consists of a properly completed Forest Cutting Plan form and all
necessary maps and attachments. It must be received in both offices at
least ten business days prior to the start of cutting.
The Forest Cutting Plan
Site Information: A ccr.siere mailing address must be provided for ail
parties listed in this section. Most of the information in this section
is self-explanatory.
Location : list the Town(s) in which the cutting will occur and the
road(s) abutting the lot or providing access to the lot.
Landowner : The owner of the land must be listed and must sign the
plan even if the timber is owned by a separate individual. Answer
yes next to "Chapter 61?" if the property is classified under the
Forest Tax Law, and provide the management plan case number and the
estimated stumpage value of the products to be cut.
Licensed Timber Harvesters: If unknown at the time of filing this
section can be left blank, but the information must be provided to
DEM prior to the start of cutting. The Harvester's Mass. Timber
Harvester's License number must be provided.
Preparer of Plan : This section must be completed if scmecne other
than the landowner prepares the plan.
Best Management Practices: This section must be completed to describe
any activity impacting wetlards or waterbocies and to describe BMP's to
be used in the creation, maintenance and stabilization of roads and
landings. The codes at the bottom cf the page should be used to
complete the tables.
Stream crossing, wetland crossing, and harvestinc in wetlands: use
one column for each crossing or harvest location. The location
should be shown on the map and labeled with the code at the top of
the column (i.e. SC-1 etc.) . If "other" is listed under any column
describe under the "other BMP's" or on a Narrative page.
Filter strips: refer to the regulations for the proper widths.
Label each filter strip with the code from the top of the column.
Other BMP's: use this space to describe other BMP's needed to
control erosion and sedimentation, such as road and landing
location, waterbars, seeding, mulching, etc. The general location
of these practices should also be shewn on the map.
A-58 Farming in Wetland Resource Areas (1/96)
Appendix J
Instructions and Sample Approved Forest Cutting Plan Application
Silviculture ; Using the cedes frcm the bottom of the page, and using
one column for each stand to be cut, provide the required information
under "Stand description1' and 'Silviculture". Label the appropriate
stand on the map using the code frcm the top of the column. If "ether"
is used in any row, describe on a Narrative page. If the designation
of trees to be cut is not by the marking of trees describe the species,
size, quality, and basal area to be cut, using a Narrative page if
necessary.
Forest Products: For each species list the unit of measure and volume
of products to be harvested.
Replicant ; The Landowner must sign here, either under "Landowner", or
"Appointment of Agent". If an agent is appointed he or she may sign
under "Landowner" .
Narrative Page
If there is insufficient space on the Cutting Plan form to complete
any answer the Narrative Page provided by DEM must be used. The
narrative description needed to explain any answer of "other", or to
provide a clearer explanation of BMP's, silviculture, or objectives
should be placed within the appropriate section of this form. The Town
and Landowner lines should be filled in, and the page should be attached
to the Cutting Plan form.
Maps
At least two maps must be attached to the Cutting Plan, a locus map
and a master map. All maps must be legible and on standard 8 1/2 X 11
inch paper and to a scale adequate to clearly shew the proposed
operation. All maps must include the name of the landowner, the scale
of the map, and a north arrow.
1. Locus Map - clearly outline the area where cutting will take place
en a US33 topographic map or reasonable facsimile.
2. Master Mac - A map cf the area to be operated which shews the
following :
1. Appropriate exterior boundaries of the ownership to be
operated.
2. The location of forest stands to be cut, appropriately-
labeled .
3. The location of all public and private ways.
4. The present or planned location of ail truck reads, landings
and main skid road.
5. The location of ail wetlands and waterbodies within or
adjacent to the harvest area.
6. The appropriately labeled location of all stream crossing,
wetland crossing and wetlands harvesting.
7. The location of all filter strips and buffer strips.
8. The approximate location cf other BMP's.
3. Other Maps - Separate maps for wetlands and critical areas should
be provided if including this information on one map would make it
difficult to read.
>n v
NCTE : .Any required information left blank on the original plan, or an
tr.at nas char.cred i.e. starting dare' must be provided to DEM crier tc
cf cuttino :r at the time cf the chancre
Farming in Wetland Resource Areas (1/96) A-59
jmMmA-iS&taMMj:
Appendix J
Instructions and Sample Approved Forest Cutting Plan Application
Note: Box "For DEM Use Only" is completed upon approval.
Forest Cutting Plan
and Notice of Intent under Mass. General Laws,
Chapter 1 32 - the Forest Cutting Practices Act.
For DEM Use Only:
File Number Ll' 7^ 2£ Ch. 61' /'"i
Dale Reed: Lfa. '( ,\V5 Nat. Her? — ±Zr±.
Earliest S\an:j2^22J15- Pub. Dr. Wtr.? AtLid-
River Basin: Miilfr^ ACEC /V/A
Location
^ovyatsH'^
Town
Acres £)% Proposed start
Vol. MBF | 9.7
Preparer of Plan
Vol. Cds C Vol. Other. O
Person other than landowner preparing plan
Firm name
Individual name
7Mk,
»'<;
zailh:
Maiimg address I/jq (V\gir\ 5i.
Town. State. Zip pMliO^-A i M^- ClV?l
Landowner
Landowner name JC1 r ^ t-\x-)
Mailing address 3-99 £c<lK Rcf
Town. State. Zip ncycUrrvN < f?A-' Q\ 3G5
Phone ,52#'2V9-Q&GO
Chapter 61 ? /^ S Mgmt. Plan tt LX.-2VC-)
Est. stumpage value ? ^^?, /fTE?, r:>rr
Licensed Timber Harvester*
J JC'.U^ L.UQ4\^<-\
Firm name
Individual name
Mailing address tOfT~Pc A>-S l\r.f
Town, State, Zip ■jj.-f btv^ ,/^-k- 'A?A' Q1H2J
Phone SS-Vri-W) License No. %oK
• This information may be supplied after plan approval
Stream Crossings
Ind.cate location on map ^""H
*• SC-1
SC-2
SC-3
SC.-4
Type of crossing
i ftfi
1
1 !
Existing structure '
'££
1
Tvoe of toTtom
i6A
-
!
;
Bank height (ft.):
' £
1
Stat iiZaT.cn:
cc
Wetland Crossings
Ind care lecat c~ on mac ^^^^
WC-1
WC-2
WC-3
WC-4
Lenc- cf crossing Ift.!
IC
5i? :
1
Miticat sr.
Dft
T)K 1
S:?r :i-:~
CO
^r!
Filter Strips
InS.ca'e location en mac «^^^
FS-1
FS-2 :
FS-3
FS-4 1
Width'SC. 103' or VAnablel*'
L/A :
!
I
Harvestinq in Wetlands
Ind cate lecat'on on map "^ HW-1
HW-2
HW-3
HW-4 I
Forest tyDe: (see page twol I Kf^\
|
Acres to be ha-vested: I &L
Res.d Basal Area (> 50% 'I: Yfc5 ! I
Other BMPs
Sj-cr-n ikgiLS l£j 5T-3. 5^'.g .- ■t,r"i, c.'U
1
L.C-.-3 fa.'ill fef c/y»t', C£
S-'-l-h Ej£Zi E5 sk*-i gsxl
TvDe c' t'cs>
CU Cu.ven
nC: Stat
SE
iluation:
Seed
Ml
FR
gal'O"
Frozen
Tvce cf CO-
LE Ledge
cm.
Note:
Applicant must provide DEM with all re'evant information
QB B"23-
FO Fco
PC cc ei
CT Otn'er
MU
CO
ST
HB
OT
Mulch
Ccdjroy
Stone
Ha. bales
Orher
DR
OT
Dry
Other
ST Stony
WU Mjd
Q°. Grave
be'ce plan r ay £a approved and cutting may begin
Some forestry aciivides. such as presc bed burning and
pesticide or fertilizer application may recuse additional
permits Consul! K'A Forestry £'.'- t.'an.j: 't- further
-': — a: :-
,V:->-h
-> rjnrrntivp p<
in?
if fur
thor expln
nation i ?
l-.norfr.rj nr "r*l'Pr' ' r '^oH f*"V -?'1'.' *~ 1 *'•'} ^ * V
A-60
Farming in Wetland Resource Areas (1/96)
Appendix J
Instructions and Sample Approved Forest Cutting Plan Application
Stand treatment
(Set codes at Bottom of pagei
Indicate location on mac
Forest Type
Acres
ST-1 ST-2 > ST-3 ! ST-4
Primary objective
Desianation of trees rut*
Type of regeneration cut
Source of regeneration
OR
PitA I 00 ; ujP l u-n
WdH±
gQ 105 II
Cr i Qt! ct
3
u.
~l - IAD
Sc
Type of intermediate cut TH | ~A I * 1
•H no! or marrnng otionM app . aat. quality ano o a lo Da on Baow
*= ~
,57"- 3.- Qe.nd.o-r dUh*\ ty ^ \txl<. 3p^f<r
TW ll"0f,H
JaVl
^Uia«v yy
j Ar/^rz^iKnfckl^
fO^, c^ bt.%1 Grr^. C^ill bg nf,->icv-f(C.
Products to be harvested
Special
Units
Vol.
Species
Units
voc
i Wh.te P.ne IMofl 7.7
Red Maple \f'\Jy( | 3
Had Pme
I
Sugar Mao'e I ' ' ' I £■»
Pitch Pine
Red Oak
" I 13
Hemlock
, i
5.5
Black Oak
Spruce
White Oak
Other Softwood I
Other Oak
White Ash
Other Hdwd.
" 1 :
Beech
Hdwd Fueiwd i I
White Birch
Softwood Pulo
| B & Y Birch
Chips
1
Black Cherry
TOTAL.
MBF
12?
Spaciea. Record sawtimber volumes by species.
CCS
—
Units ; MBF • 1.000s of Board Feet. COS « Cords.
TON
—
TON ■ Tons. CCF » 100s ol Cubic Feet.
Volume: Record to the nearest whole unit (MBF. etc.)
c:=
—
Landowner
I (we; hereby certify that I (we) have the legal authority
to carry out the afore-described operation. Failure to
accurately update the material herein reguired and
provide other relevant information can result in the
voiding cf this plan.
I (Wei also certify that I Iwe) have notified the
Conservation Commission in the municipality in which
the operation is to take place and the abutters of record
within two-hundred fee: cf the area to be harvested.
Sigpia;j:e:s; 0' lar.oownens) or agent
'W?
/6
Date
Appointment of agent
As owner of the property to be harvested I hereby designate
the following person to act as my agent for the purpose of
conducting the harvest covered by this Forest Cutting Plan
including executing all forms and documents reguired by law. I
understand, however, that the statutes, including criminal
fines, continue to apply to me as the owner of record.
Atuff^--' ^QuHr
Agent's Name
Mailing Address l&£. C^LL^. ^^
Town. State. Zip /^///W/r/\
'AM~ CI55I
Phone
Signjfuretsl ol lanoownerlsl
A2
/
Date
Forest Cutting Plan
Approved O.saco'oveo Expires
Cutting P. an ! \
izfi/f?
*£Z$:
<» ^^S^giatL^e c' Service Fp*rester.DirectC''s Agent
Amendment
D
' Date
Approved Disapproved Expires Sen. For 1- ;s.
Extension Lj LJ
Final ReDort
I hereby certify that the afore-descrifced Forest Cutting Plan
and all relevant statutes have beer, substantially ccmpited with.
Signature of Service Forester/Director's Agent Dsle
Service Forester's Comments:
Fo-est
• WP w
WK
I.WH
Wo
RP
SR
FP
Tvrg
e Pine
WP H(m
WP/Hdwd
WP Cai
R»3 Pine
Red S:-Lce
p •-- p _„
HK
, HH
iTK
'CD
OH
ew
SP
Hemlock
Hem Hdwd
Tamarack
Cedar
Oai/Hdwd
Whue Bi'cn
Scuce-Fir
H Res Ca*
OM
RM
BC
BS
SM
BM
5E
M ied Oak
Red Mice
Blk Cherry
Bee'Bir'tvtapie
Suga- Mace
Bir/Red Maoie
Beecr-.
Of- -"':
C
LT
SB
Cut Trees
Leave fees
Stfnfl Bdry
CT Other
-?-y
Tyr
r c» fieger Cu:.
Selection
S_oj±
:e r' e.-..
SE
AD
Ao.a-ce
SH
Sheiterwood
SE
Natu'a1 See:
ST
Seed Tiee
OS
Dire:: Seed
CC
Cieareut
PL
Piant
SA
Salvage
CC
Ccccce
CO
Coppice
C"
Ctne-
cs
Coco .'Standards
,
- « •
Farming in Wetland Resource Areas (1/96)
A-61
Instructions and Sample Approved Forest Cutting Plan Application
( f OPt>rUi
£r<lls ho-
* +■ I =i \c\
K^U\>
A-62
Farming in Wetland Resource Areas (1/96)
a-v^j^cmvji^
Instructions and Sample Approved Forest Cutting Plan Application
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Farming in Wetland Resource Areas (1/96)
A-63
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