Conservation Commission Public Hearing Notice/Agenda
Conservation Commission Public Hearing Notice/Agenda for: 11-09-2007
Hard to read? Click here to view Public Hearing Notice/Agenda alone. (Opens in a new window)
Below please find the FINALIZED Falmouth Wetland Regulations (10.18) below.
These regulations are now effective as of February 1, 2008.
FWR 10.18 Resource Area Buffer Zone
(1) Introduction. The resource area buffer zone is an integral part of a wetland resource system. The entire 100 ft. of the resource area buffer zone is presumed to be significant to the protection of the resource area values of the wetland. Buffer areas are defined as resource areas under the Bylaw and no one may remove, fill, dredge, build upon, degrade or otherwise alter a buffer zone without full compliance with these buffer regulations.
Adverse impacts to resource area buffer zones are likely to have cumulative effects on the following resource area values: protection of public and private water supply, groundwater, flood control, erosion and sediment control, storm damage protection, water pollution control, fisheries, shellfish, wildlife habitat, agriculture, aesthetics, recreation, and aquaculture.
Some wetland resources are more sensitive to disturbance than others and will require a larger “No Disturbance” zone adjacent to the resource to be adequately protected than other resource areas may require. If the No Disturbance zone is disturbed by previous activities, and if the Outer buffer zone (e.g., the area landward of the No Disturbance zone) is in a natural state, it can provide supplemental protection.
Naturally vegetated resource area buffers (buffers) reduce the adverse impacts of adjacent land uses to wetlands. A buffer of land in a naturally vegetated condition protects an adjacent wetland, in part, by reducing runoff; absorbing nitrate, phosphorous, and other chemical pollutants; by filtering suspended sediment; and by stabilizing banks and channels. For example, a buffer of mature trees can absorb up to 14 times more water than an equivalent area of grass. In addition, the organic litter within a naturally vegetated buffer can remove 50-100% of sediments carried in runoff. Bank and stream channel stability is dependent on the anchoring ability of root systems and slowing of runoff velocity and flow diffusion provided by plants within the buffer.
Trees in the buffer provide important functions not provided by any other plant type. Trees provide shade to moderate water temperatures, levels of dissolved oxygen and water flow. They serve as windbreaks to moderate wind stress and shear during storms, and provide nesting, roosting and perching areas for birds, and other wildlife. The transitional assemblage of trees, shrubs and groundcover (containing both wetland and upland elements) frequently found in buffer zones has been found significant to the support of a greater number of native and specialist wildlife species in the interior of resource areas, which they border. Trees and other vegetation, if undisturbed or minimally disturbed, slow the rate of surface runoff providing flood control and reducing down-gradient storm damage.
The uplands immediately adjacent to the wetland vary in their ability to reduce adverse effects of development, most importantly in relationship to slope and vegetative cover. Buffers with dense vegetative cover on slopes less than 15% are most effective for water quality functions. Dense shrub or forested vegetation with steep slopes provide the greatest protection from direct human disturbance. Appropriate vegetation for wildlife habitat depends on wildlife species present in the wetland and buffer.
Buffers not only protect the quality of the adjacent wetland habitat, but also provide critical habitat for many species of wildlife. Buffers provide essential habitat for feeding, roosting, breeding and rearing of young, dispersal, migration, and as a refuge from predators and weather. They also provide essential habitat for wetland-associated species for use in feeding, roosting, breeding and rearing of young. Without the adjacent buffer to provide these functions, the function of the wetland is impaired. In addition, buffers reduce the adverse impacts of human disturbance on wetland habitat by blocking noise and glare; reducing sedimentation and nutrient input; reducing direct human disturbance from dumped debris, cut vegetation, and trampling; and providing visual separation. Road crossing or driveways within the buffer can impede movement of animals and can contribute to increased mortality.
The ability of a resource area buffer to protect a wetland resource, and to provide habitat, increases with buffer width and continuity. For example, as buffer width increases, direct human impacts, such as dumped debris, cut or burned vegetation, fill areas, and trampled vegetation, will decrease. Similarly, the numbers and types of wetland-dependent and wetland-related wildlife that can depend on the wetland and buffer for essential life needs increases as buffer width increases. The effectiveness of riparian forests to perform ecological functions including acting as dispersal corridors between forest fragments, enhancing the biodiversity of landscapes, and helping to improve water quality depends upon the width of the riparian forest. Also, the effectiveness of removing sediments, nutrients, bacteria, and other pollutants from surface water runoff increases with wider buffers.
Appropriate buffer widths vary according to the desired resource area buffer functions, values, and sensitivity to disturbance, and buffer function(s) and characteristics, and adjacent land use and impacts. Wetlands that are extremely sensitive or that have particularly important functions require larger buffers to protect sensitive resources from disturbances that might be a lesser threat at another site. Wetlands adjacent to construction sites and many post-development activities also need greater buffers because of the potential for erosion and sedimentation, debris disposal, vegetation removal and noise. Post-construction impacts are variable depending on the land use, but residential and commercial land uses, in particular, can have significant impacts. Land use is associated with yard maintenance debris, domestic animal predation, removal of vegetation and trampling. Similarly, buffers for wildlife must maintain plant structure for the maximum distance allowed by the Bylaw; rare or particularly sensitive species may require even larger buffers to prevent their loss from disturbance or isolation of subpopulations.
Generally, buffers less than 50 feet wide are ineffective in protecting wetlands or providing wildlife habitat functions. Buffers larger than 50 feet are necessary to provide wildlife habitat and to protect wetlands from continuing activities such as inputs of sediments and nutrients, direct human disturbance, to protect sensitive species from adverse impacts, and to protect wetlands from the adverse effects of changing water quality, including but not limited to nutrient concentrations, temperature, salinity and dissolved oxygen concentrations.
To retain wetland-dependent wildlife in important wildlife areas, buffers need to retain plant structure for the maximum distance allowed by the Bylaw. This is especially the case where open water is a component of the wetland or where the wetland has heavy use by migratory birds or provides feeding for resident nesting species as well. The size of the buffer width needed would depend upon disturbance from adjacent land use and sensitivity of the resources involved. Priority species may need even larger buffers to prevent their loss due to disturbance or isolation of subpopulations.
When proposing alterations of buffer areas, the applicant must overcome a strong presumption of adverse impact on the adjacent wetlands and their functions and values. The commission will require a No-Disturbance zone for resource areas specified in FWR 10.02(1)(a-e). No construction activity, removal of vegetative cover or alteration of topography is allowed in the No-disturbance zone. If the No-disturbance zone is in a naturally vegetated state, the Commission will include a No-structure zone adjacent to the No-disturbance zone. These zones are established because alteration of these areas within a resource area buffer invariably results in the alteration of the adjacent resource area. Wetland alterations observed during construction include siltation, overgrading or deposition of construction debris. Alterations observed after construction include increased runoff, siltation and temperature or nutrient loading resulting from the change in land use immediately adjacent to the wetlands, as well as unregulated filling, cutting of vegetation, extension of lawns or the deposition of yard waste from improper land use . These subsequent alterations cannot be regulated without the imposition of the restricted zones detailed above. Since the commission cannot allow unregulated alterations of wetlands, these restricted zones will likely be imposed on all projects.
(2) Definitions, Critical Characteristics and Boundary
(a) The resource area buffer is an area adjacent to a resource area specified in FWR 10.02(1)(a) through (h) (see FWR10.02 (1)(i)), and is "lands within 100 feet of any of the aforesaid resource areas" as specified in Section 2: Activities subject to regulation under the Bylaw (FWR 10.02(2)).
(b) The boundary of the resource area buffer is the distance measured horizontally from the resource to 100 feet landward of the resource.
(c) For resource areas listed in FWR 10.02 (1) (a) through (e), the resource area buffer is divided into two zones: Zone A and Zone B, and work in these buffer zones shall be regulated as prescribed below in the remainder of this section. Resource area buffers for resources listed in FWR 10.02 (1) (f) through (h) are not subject to FWR 10.18 (3) through (10).
(d) Zone A is a No Disturbance area that is the portion of a resource area buffer adjacent to resource areas specified in FWR 10.02(1) (a) through (e) that is closest to the resource area(s). Zone A shall be kept in a naturally vegetated state and the Commission may require re-vegetation of a previously altered Zone A to conform with the purposes and requirements of the Bylaw.
(e) Zone B is the Outer portion of the resource area buffer (further from the resource area than Zone A) in which limited work, conditioned appropriately by the Commission, may occur.
(f) Redevelopment means
1. Replacement, rehabilitation or expansion of legally existing structures, and also
2. Addition, rehabilitation, or replacement of accessory structures and appurtenances such as, but not limited to, swimming pools, sheds, free-standing garages, decks, patios, and landscape features, and improvement of existing roads, on a previously developed site.
(g) “Naturally vegetated” means a plant community representing a normal successional developmental stage (appropriate to the habitat) that would develop without continual interference by man.
(h) “Native” tree, shrub, herb or grass means those plant species that are indigenous to Cape Cod (i.e., Barnstable County). These species can be found in The Vascular Plants of Massachusetts. A County Checklist by the Massachusetts Division of Fisheries and Wildlife.
(3) Presumptions.
(a) Where a project involves removing, building upon, degrading, or otherwise altering of a resource area buffer zone adjacent to a resource area specified in FWR 10.02(1) (a) through (e), the Commission shall presume that such area is significant to, or will have a cumulative effect upon, the resource area values specified in FWR 10.18(1). This presumption is rebuttable and may be overcome upon a showing by a preponderance of credible evidence that said land does not play a role in the protection of said resource area values. In the event that the presumption is deemed to have been overcome, the Commission shall make a written determination to this effect, setting forth the grounds.
(b) Where a project:
1. involves removing, building upon, degrading, or otherwise altering of lands within 100 feet of any of the aforesaid “resource areas” as specified in Section 2: Activities subject to regulation under the Bylaw(FWR 10.02(2)), and said resource area is specified in FWR 10.02(1)(a) through (e); and
2. the resource area buffer No Disturbance zone, Zone A , as specified in FWR 10.18(5)(a)(1) through (4) is not naturally vegetated, so that buffer function is already compromised, the Commission shall presume that there is a significant or cumulative effect upon the resource area values specified in FWR 10.18(1). This presumption is rebuttable and may be overcome upon a clear showing that there is no significant or cumulative effect on the protection of said resource area values. In the event that the presumption is deemed to have been overcome, the Commission shall make a written determination to this effect, setting forth the grounds. If the Commission finds that the subject buffer area was altered after April 2, 1979, it shall first be determined if the alteration was made in compliance with the Bylaw. If the Commission finds that the buffer area was altered in violation of the Bylaw, the presumption cannot be overcome unless there are findings that demonstrate by a preponderance of credible evidence that the buffer functions have not been compromised (see FWR 10.18(7)(d)).
(4) General Performance Standards.
A resource area buffer zone that includes a No Disturbance area shall be required for all activities adjacent to resource areas specified in FWR 10.02(1) (a) through (e). Any resource area created, restored or enhanced as compensation for approved resource area alterations shall also include the buffer zone required for the corresponding resource area(s). All buffer zones shall be measured from the resource area boundary as surveyed in the field.
The width of the buffer No Disturbance area (Zone A) shall be determined according to FWR 10.18(5) (a). If the No Disturbance area (Zone A) is in a naturally vegetated undisturbed condition, the width of buffer zone as specified in FWR 10.18(5) (a) is presumed to provide a minimum acceptable level of protection. Except as otherwise specified in FWR 10.18(10), resource area buffer Zone A shall be maintained in a naturally vegetated condition.
(5) Buffer Zone Widths
The regulatory 100 ft buffer zone is divided into two zones: 1) No Disturbance area (Zone A) and 2) the Outer buffer area (Zone B). The width of Zone A, the No Disturbance area, is based on which wetland resource specified in FWR 10.02(1) (a) through (e) is of concern and resource area functions, values and sensitivity to disturbance, buffer functions and characteristics, and land use impacts.
(a) The No Disturbance area, Zone A, extends from the resource area to the boundary with the Outer buffer area, Zone B. The width of the No Disturbance area will differ based on which wetland resource area specified in FWR 10.02(1) (a) through (e) is of concern.
1. The width of the No Disturbance (Zone A) area shall be 100 feet for the following resources:
a. Saltmarsh;
b. Vernal Pools;
c. Freshwater wetlands bordering a water body within Zone 2 of a
public water supply;
d. Any resource area specified in FWR 10.02(1) (a) through (e) located within the ACEC with the exception of FWR 10.02(1)(a)(1); and
e. From the upland edge of any resource area listed in
FWR 10.02(1)(a) through (e) for which there is credible evidence of the presence of any endangered, threatened, or species of special concern within that resource area and on or adjacent to the site of the proposed activity.
2. The width of the No Disturbance (Zone A) area shall be 75 feet for the following resources:
a. An anadromous/catadromus fish run;
b. An eroding Coastal Bank located in a Velocity Zone; see also FWR 10.30(7)
c. Land under water bodies;
d. Land under the Ocean;
e. Land under a Salt Pond;
f. Banks of Salt Ponds, Estuaries, and ponds, lakes, and streams,
which flow throughout the year; and
3. The width of the No Disturbance (Zone A) area shall be 50 feet for the following resources:
a. Land subject to Tidal Action;
b. Freshwater wetlands not listed in FWR 10.18(5) (a)(1) and (2);
c. Banks of intermittent streams;
d. An eroding Coastal Bank not in a Velocity Zone;
non-eroding coastal bank in a velocity zone
e. All other coastal banks adjacent to other resources as defined in
FWR 10.02(1)(a) through (e), other than those listed above in FWR 10.18(5)(a)(2).
f. Coastal Dunes;
g. Coastal Beaches;
h. Rocky intertidal shore; and
4. The width of the No Disturbance (Zone A) area shall be 25 feet for
the following resources:
a. Noneroding coastal banks not in a Velocity Zone and not adjacent
to other wetland resources as defined in FWR 10.02(1)(a) through (e)
(b) The width of Zone B, the Outer buffer area, extends from the landward boundary of Zone A, the No Disturbance area, to a distance 100 feet from the resource. If Zone A is not given a specific width in FWR 10.18(5)(a), then Zone B is presumed to start at the boundary of the resource area. The width of zone A (No Disturbance area) plus the width of Zone B (Outer area) shall always equal 100 ft.
(6) Repair and routine maintenance of a Legally Permitted Facility, and routine maintenance of legally permitted landscaping
The commission shall allow normal repairs of a legally permitted facility that lies within the buffer zone if the work proposed does not require any disturbance to any resource area or buffer zone to a resource area. Routine maintenance which does not alter any of the naturally vegetated buffer area does not normally require Commission review or approval. Conservation Staff can answer specific questions concerning routine maintenance and normal repairs. Maintenance and repairs that require operating heavy equipment such as, but not limited to, trucks, cranes, bulldozers, and cement mixers in buffer areas is not routine.
(7) Work within a 100 foot buffer zone resource area, with the exception of moderate activities defined in 10.18(10).
(a) If the No Disturbance area (Zone A) is a naturally vegetated buffer, no work may take place in Zone A, and the Limit of Work must lie outside (landward of)
Zone A. Any work in Zone B must comply with the requirements of FWR 10.18(7)(e)(5).
(b) Limited work which may temporarily or permanent alter the resource area buffer, when conditioned appropriately, may be permitted. Nevertheless, within the context of permanent disturbance the Conservation Commission may set specific conditions prohibiting or restricting those forms of work and activities in the buffer resource deemed potentially harmful to the resource area values, such as the use of herbicides, pesticides, and fertilizer, removal of trees, use of interceptor drains, or installation of in-ground sprinkler systems for irrigating in the adjacent upland resource.
(c) The Commission may allow work to redevelop legally and previously developed resource area buffer Zones A or B that do not meet the buffer requirements of FWR 10.18(5)(a)(1) through (4), provided the proposed work meets the requirements of FWR 10:18(7)(e). Previously developed resource area buffer means the site has impervious surfaces from existing structures or pavement, absence of topsoil, junkyards, abandoned dumping grounds or lack of a naturally vegetated condition (e.g. lawn, etc.). The Commission shall make appropriate inquiry and make appropriate findings that the previous developed buffer areas were legally altered. The Commission can review and consider the Town of Falmouth aerial photographs. Evidence of a legally altered buffer area must include documented photographs, either aerial or land based, or written official records (those maintained by a government agency). Legally developed means the development occurred prior to adoption of the Wetlands Bylaw (April 2, 1979) or in accordance with the Wetlands Bylaw. The Commission shall take into account the existing use and the proposed use in determining appropriate mitigation for re-development.
(d) Where the resource area buffer zone has been illegally altered (see FWR 10.18(3)) and the applicant cannot overcome the presumption in FWR 10.18(3)(b)(2) that the buffer function is impaired, then the applicant must provide a buffer restoration plan that will restore the buffer function to substantially reduce cumulative negative impact to the wetland resources specified in FWR 10.02(1)(a) through (e).
(e) Buffer restoration (Mitigation planting) is required for any redevelopment work activity in the 100 ft buffer zone (Zone A and Zone B). It is the goal of mitigation plantings for redevelopment to restore the entire No Disturbance area (Zone A) to a naturally vegetated state and, if that is not possible due to structures existing prior to the redevelopment request, then to re-vegetate the Outer buffer area (Zone B) to provide protection for the resources.
1. For those resources listed in 10.18(5)(a)(1) and (2), any expansion or addition of impervious surfaces (e.g. expansion of primary structure such as a house; addition of accessory structures) in Zone A must not move closer to the resource area than the present primary structure, or no closer than 25 feet from the resource, whichever is furthest from the resource area. For those resources listed in 10.18(5)(a)(3) and (4), expansion or addition of impervious surfaces (e.g. expansion of primary structure such as a house; addition of accessory structures) in Zone A must not move closer to the resource area than the present primary structure. For all resources listed in FWR 10.18(5)(a), accessory structures in Zone A located closer to the resource than the primary structure may be modified, but the amount of impervious surface or pervious surface that cannot support vegetation in this area must not be increased.
2. Redevelopment within Zone A shall require a 3 to 1 mitigation for the increase in impervious area and for any increase in pervious areas that will not support a naturally vegetated buffer (e.g., pervious patios, driveways, and gardens). All mitigation plantings must be placed in buffer Zone A. Any redevelopment in Zone A must occur in an area that lacks a naturally vegetated buffer. Any increase in impervious surface or in pervious area that will not support a naturally vegetated buffer in Zone A must leave room for the required buffer plantings. No increase of impervious surface or pervious areas that will not support a naturally vegetated buffer in Zone A is permitted if the required mitigation cannot be provided in Zone A.
3. Any increase in impervious surface in buffer Zone B will require a
2 to 1 mitigation and these plantings must be placed in buffer Zone A, but if prior to redevelopment, the existing area available for mitigation in Zone A is not sufficient to accommodate mitigation plantings for redevelopment in Zone B (because of prior development in Zone A), then the area of mitigation that cannot be accommodated in Zone A shall be placed in Zone B.
4. The total area of mitigation plantings required shall not exceed that which would completely re-vegetate an area equivalent to the No Disturbance area (Zone A) on the lot. However, additional, voluntary, plantings of native species are encouraged.
5. No mitigation buffer plantings shall be required for work within zone B where the existing naturally vegetated buffer meets the resource area buffer distances of FWR 10.18(5)(a), but an improvement to any of the resource areas described in FWR 10.02(1)(a) through (e) must be provided. Improvements to other resources may include, but is not limited to, planting of native landscaping or wildflower meadows in preference to lawns, removal or control of invasive species and replanting with native woody species, and supplementing the existing buffer with native trees and shrubs.
6. The area available for mitigation plantings in Zone A, the No Disturbance area, is the total area of Zone A minus existing impervious area and pervious areas that will not support a naturally vegetated buffer (e.g., pervious patios, driveways, and gardens) in Zone A prior to re-development. For the purposes of calculating the required mitigation plantings, the ratio of mitigation plantings shall be in proportion (3:1 or 2:1) to the increase in impervious areas or structures and pervious landscape features including, but not limited to, foundations, decks, terraces, driveways, patios, walkways, etc.
7. The mitigation plantings shall be in an area of Zone A that is not already naturally vegetated and is closest to the resource area or, if there is an already existing vegetated buffer nearest to the resource, then adjacent to the vegetated buffer area between the structure and the resource.
8. Mitigation plantings in Zone B should generally be placed adjacent to any existing buffer plants to maximize the overall buffer width along the resource area boundary.
9. To allow for adequate space for structure maintenance without damage to mitigation plantings, all mitigation plantings must be placed at least ten (10) feet from any existing or proposed structure. Plants, regardless of species, closer than 10 ft to a structure shall not be considered as mitigation, but can be considered an improvement.
10. Any trees removed in the course of redevelopment in either Zone A or Zone B must be replaced with native trees, at a minimum of a 1:1 ratio (tree for tree) for trees removed and, at a maximum, caliper inch for caliper inch, except if the entire lot is already densely populated with native trees; then additional woody shrubs shall be planted as understory. If the site is lacking trees among its vegetation, more than a 1:1 ratio may be required, and additional shrubs surrounding these trees shall be added so that the buffer functions of the trees removed during redevelopment can be replaced and enhanced as the vegetation matures.
(f) All work within resource area buffer zones to resources defined in FWR 10.02 (a) through (h) shall provide for stormwater management according to FWR 10.16(3)
(8) Restoration on-site of a degraded resource area buffer,
Restoration shall include:
(a) Removal of all debris, but retain any native trees and mature native shrubs and groundcover (as defined by The Vascular Plants of Massachusetts. A County Checklist 1999 by the Massachusetts Division of Fisheries and Wildlife); non-native species with appealing habitat value may be allowed to remain;
(b) Grading to a topography which reduces runoff and increases infiltration;
(c) Coverage by topsoil at a depth consistent with natural conditions at the site;
(d) Seeding and planting with an erosion control seed mixture, followed by the planting of woody indigenous species that are appropriate for the habitat and are found on the current approved Falmouth Conservation Commission plant list. No dwarf species may be used.
(e) Mitigation buffer plantings shall include a minimum of one native tree and shall include additional trees at a ratio of a minimum of one (1) tree per every 1000 sq. ft. of required buffer plantings. Any trees removed within the 100 ft resource area buffer defined in FWR 10.02(1)(a) through (e) as a result of redevelopment must be replaced with native tree species at locations acceptable to the Commission (see FWR 10.18(7)(e)(10)). In rare circumstances, the Commission may determine, based on a preponderance of credible evidence, that planting of trees is not appropriate due to extreme environmental (e.g., regular exposure to high winds and salt spray, steep banks) or other conditions on a particular site. In such cases the Commission shall make a finding to this effect and may require that additional shrubs be included in the required buffer plantings.
(f) Woody indigenous species buffer plantings may be supplemented by an understory of native grasses and herbs (including ferns, groundcovers and perennials). Native grasses and herbs alone cannot be used to replace woody indigenous species, and areas planted in only native grasses and herbs shall not be counted as mitigation area.
(g) All planted mitigation areas shall be allowed to grow to their full and mature form, and any pruning shall be in compliance with FWR 10.18(10)(b)
(h) All lawns within the resource area buffers to resources defined in FWR 10.02(1) (a-e) shall be planted and managed according to the Falmouth Friendly Lawn guidelines and safe organic practices protocols. Lawns may be irrigated for two growing seasons after planting, but not thereafter.
(9) Temporary degradation and restoration of a resource area buffer
The Commission may permit activities within the resource area buffer that will alter the buffer vegetation temporarily, but will result in a complete restoration of the buffer (see FWR 10.18 (8)). The Commission may require a performance bond for such activities.
(10) Moderate activities Proposed in a Resource Area Buffer
The Resource Area Buffer zone should be left intact in a naturally vegetated condition with the exception of activities regulated under FWR 10.18. However there are some activities that may be permitted by the Commission that are not likely to have a significant or cumulative effect on the resource area values of the Bylaw, provided the other provisions of FWR 10.00 are met. These proposed activities must be reviewed by the Conservation Department to determine the appropriate permitting procedures, and to determine what, if any, mitigation is required. These activities are:
(a) Fencing, provided it will not constitute a barrier to wildlife movement;
(b) Vista pruning; according to the following guidelines:
1. If a vista window already exists (e.g. an opening 15 ft high by 25 ft wide), vista pruning may not be allowed.
2. One (1) vista window may be cut that is no more than 15 ft from top to bottom by 25 ft wide depending on the existing view.
3. Vista window vegetation removal is minimized to avoid creating “holes” through uplimbing of the mid-story vegetation. A variety of vegetation layers should be preserved (shrub understory, lower limbs/mid-canopy, top canopy).
4. Minimal uplifting of tree branches as measured from existing grade is allowed. Uplifting may not exceed 1/3 of the tree’s height with no more than 10% of the tree canopy taken off any tree. No uplimbing of trees to form “palm trees” is allowed.
5. No trees are to be cut by “pollarding” or “topping” (shearing the top in a horizontal plane).
6. Some sapling trees (not all) may be removed that are three (3) inches diameter breast height (dbh) or less. If saplings comprise the majority of the proposed view area, selective removal shall be specified by Conservation staff.
7. Deadwood should be preserved whenever possible, especially trees 4” or greater diameter at breast height, to retain potential feeding areas and nesting cavities for birds.
8. Deadwood located in a wetland shall not be removed.
9. Shrubs may be pruned down to 5 ft above the existing grade when necessary to obtain a view. Shrubs on a down-slope that do not impair the view shall not be cut.
10. Non-native vines growing up trees or over shrubs (e.g., Bittersweet, Boston/English Ivy, Porcelainberry) shall be cut and should be removed if possible. Native vines, such as Virginia Creeper, shall not be cut.
11. Red Cedars may not be cut if in a window view, though light thinning may be allowed on dead trees. American Holly and Beech Trees should not be cut.
12. Poison Ivy can be removed within four (4) ft of the edge of a path or grass areas.
13. Vista pruning permits are for the specified pruning only and do not include maintenance in perpetuity. Any subsequent pruning must be done under an extension or a new permit application.
(c) Plantings of native species of trees, shrubs, or groundcover, but excluding lawns regardless of species composition;
(d) The conversion of impervious surfaces to vegetated surfaces, provided erosion and sedimentation controls are implemented during construction;
(e) Activities that are temporary in nature, have negligible impacts, and are necessary for planning and design purposes (e.g., installation of monitoring wells, exploratory borings, sediment sampling and surveying);
(f) Pervious trails of a width 4 feet or less;
(g) Nonpermanent wildlife watching blinds; or
(h) Short term scientific or educational activities.
Conservation Commission Public Hearing Notice/Agenda for: 11-09-2007
Hard to read? Click here to view Public Hearing Notice/Agenda alone. (Opens in a new window)
Below please find the FINALIZED Falmouth Wetland Regulations (10.18) below.
These regulations are now effective as of February 1, 2008.
FWR 10.18 Resource Area Buffer Zone
(1) Introduction. The resource area buffer zone is an integral part of a wetland resource system. The entire 100 ft. of the resource area buffer zone is presumed to be significant to the protection of the resource area values of the wetland. Buffer areas are defined as resource areas under the Bylaw and no one may remove, fill, dredge, build upon, degrade or otherwise alter a buffer zone without full compliance with these buffer regulations.
Adverse impacts to resource area buffer zones are likely to have cumulative effects on the following resource area values: protection of public and private water supply, groundwater, flood control, erosion and sediment control, storm damage protection, water pollution control, fisheries, shellfish, wildlife habitat, agriculture, aesthetics, recreation, and aquaculture.
Some wetland resources are more sensitive to disturbance than others and will require a larger “No Disturbance” zone adjacent to the resource to be adequately protected than other resource areas may require. If the No Disturbance zone is disturbed by previous activities, and if the Outer buffer zone (e.g., the area landward of the No Disturbance zone) is in a natural state, it can provide supplemental protection.
Naturally vegetated resource area buffers (buffers) reduce the adverse impacts of adjacent land uses to wetlands. A buffer of land in a naturally vegetated condition protects an adjacent wetland, in part, by reducing runoff; absorbing nitrate, phosphorous, and other chemical pollutants; by filtering suspended sediment; and by stabilizing banks and channels. For example, a buffer of mature trees can absorb up to 14 times more water than an equivalent area of grass. In addition, the organic litter within a naturally vegetated buffer can remove 50-100% of sediments carried in runoff. Bank and stream channel stability is dependent on the anchoring ability of root systems and slowing of runoff velocity and flow diffusion provided by plants within the buffer.
Trees in the buffer provide important functions not provided by any other plant type. Trees provide shade to moderate water temperatures, levels of dissolved oxygen and water flow. They serve as windbreaks to moderate wind stress and shear during storms, and provide nesting, roosting and perching areas for birds, and other wildlife. The transitional assemblage of trees, shrubs and groundcover (containing both wetland and upland elements) frequently found in buffer zones has been found significant to the support of a greater number of native and specialist wildlife species in the interior of resource areas, which they border. Trees and other vegetation, if undisturbed or minimally disturbed, slow the rate of surface runoff providing flood control and reducing down-gradient storm damage.
The uplands immediately adjacent to the wetland vary in their ability to reduce adverse effects of development, most importantly in relationship to slope and vegetative cover. Buffers with dense vegetative cover on slopes less than 15% are most effective for water quality functions. Dense shrub or forested vegetation with steep slopes provide the greatest protection from direct human disturbance. Appropriate vegetation for wildlife habitat depends on wildlife species present in the wetland and buffer.
Buffers not only protect the quality of the adjacent wetland habitat, but also provide critical habitat for many species of wildlife. Buffers provide essential habitat for feeding, roosting, breeding and rearing of young, dispersal, migration, and as a refuge from predators and weather. They also provide essential habitat for wetland-associated species for use in feeding, roosting, breeding and rearing of young. Without the adjacent buffer to provide these functions, the function of the wetland is impaired. In addition, buffers reduce the adverse impacts of human disturbance on wetland habitat by blocking noise and glare; reducing sedimentation and nutrient input; reducing direct human disturbance from dumped debris, cut vegetation, and trampling; and providing visual separation. Road crossing or driveways within the buffer can impede movement of animals and can contribute to increased mortality.
The ability of a resource area buffer to protect a wetland resource, and to provide habitat, increases with buffer width and continuity. For example, as buffer width increases, direct human impacts, such as dumped debris, cut or burned vegetation, fill areas, and trampled vegetation, will decrease. Similarly, the numbers and types of wetland-dependent and wetland-related wildlife that can depend on the wetland and buffer for essential life needs increases as buffer width increases. The effectiveness of riparian forests to perform ecological functions including acting as dispersal corridors between forest fragments, enhancing the biodiversity of landscapes, and helping to improve water quality depends upon the width of the riparian forest. Also, the effectiveness of removing sediments, nutrients, bacteria, and other pollutants from surface water runoff increases with wider buffers.
Appropriate buffer widths vary according to the desired resource area buffer functions, values, and sensitivity to disturbance, and buffer function(s) and characteristics, and adjacent land use and impacts. Wetlands that are extremely sensitive or that have particularly important functions require larger buffers to protect sensitive resources from disturbances that might be a lesser threat at another site. Wetlands adjacent to construction sites and many post-development activities also need greater buffers because of the potential for erosion and sedimentation, debris disposal, vegetation removal and noise. Post-construction impacts are variable depending on the land use, but residential and commercial land uses, in particular, can have significant impacts. Land use is associated with yard maintenance debris, domestic animal predation, removal of vegetation and trampling. Similarly, buffers for wildlife must maintain plant structure for the maximum distance allowed by the Bylaw; rare or particularly sensitive species may require even larger buffers to prevent their loss from disturbance or isolation of subpopulations.
Generally, buffers less than 50 feet wide are ineffective in protecting wetlands or providing wildlife habitat functions. Buffers larger than 50 feet are necessary to provide wildlife habitat and to protect wetlands from continuing activities such as inputs of sediments and nutrients, direct human disturbance, to protect sensitive species from adverse impacts, and to protect wetlands from the adverse effects of changing water quality, including but not limited to nutrient concentrations, temperature, salinity and dissolved oxygen concentrations.
To retain wetland-dependent wildlife in important wildlife areas, buffers need to retain plant structure for the maximum distance allowed by the Bylaw. This is especially the case where open water is a component of the wetland or where the wetland has heavy use by migratory birds or provides feeding for resident nesting species as well. The size of the buffer width needed would depend upon disturbance from adjacent land use and sensitivity of the resources involved. Priority species may need even larger buffers to prevent their loss due to disturbance or isolation of subpopulations.
When proposing alterations of buffer areas, the applicant must overcome a strong presumption of adverse impact on the adjacent wetlands and their functions and values. The commission will require a No-Disturbance zone for resource areas specified in FWR 10.02(1)(a-e). No construction activity, removal of vegetative cover or alteration of topography is allowed in the No-disturbance zone. If the No-disturbance zone is in a naturally vegetated state, the Commission will include a No-structure zone adjacent to the No-disturbance zone. These zones are established because alteration of these areas within a resource area buffer invariably results in the alteration of the adjacent resource area. Wetland alterations observed during construction include siltation, overgrading or deposition of construction debris. Alterations observed after construction include increased runoff, siltation and temperature or nutrient loading resulting from the change in land use immediately adjacent to the wetlands, as well as unregulated filling, cutting of vegetation, extension of lawns or the deposition of yard waste from improper land use . These subsequent alterations cannot be regulated without the imposition of the restricted zones detailed above. Since the commission cannot allow unregulated alterations of wetlands, these restricted zones will likely be imposed on all projects.
(2) Definitions, Critical Characteristics and Boundary
(a) The resource area buffer is an area adjacent to a resource area specified in FWR 10.02(1)(a) through (h) (see FWR10.02 (1)(i)), and is "lands within 100 feet of any of the aforesaid resource areas" as specified in Section 2: Activities subject to regulation under the Bylaw (FWR 10.02(2)).
(b) The boundary of the resource area buffer is the distance measured horizontally from the resource to 100 feet landward of the resource.
(c) For resource areas listed in FWR 10.02 (1) (a) through (e), the resource area buffer is divided into two zones: Zone A and Zone B, and work in these buffer zones shall be regulated as prescribed below in the remainder of this section. Resource area buffers for resources listed in FWR 10.02 (1) (f) through (h) are not subject to FWR 10.18 (3) through (10).
(d) Zone A is a No Disturbance area that is the portion of a resource area buffer adjacent to resource areas specified in FWR 10.02(1) (a) through (e) that is closest to the resource area(s). Zone A shall be kept in a naturally vegetated state and the Commission may require re-vegetation of a previously altered Zone A to conform with the purposes and requirements of the Bylaw.
(e) Zone B is the Outer portion of the resource area buffer (further from the resource area than Zone A) in which limited work, conditioned appropriately by the Commission, may occur.
(f) Redevelopment means
1. Replacement, rehabilitation or expansion of legally existing structures, and also
2. Addition, rehabilitation, or replacement of accessory structures and appurtenances such as, but not limited to, swimming pools, sheds, free-standing garages, decks, patios, and landscape features, and improvement of existing roads, on a previously developed site.
(g) “Naturally vegetated” means a plant community representing a normal successional developmental stage (appropriate to the habitat) that would develop without continual interference by man.
(h) “Native” tree, shrub, herb or grass means those plant species that are indigenous to Cape Cod (i.e., Barnstable County). These species can be found in The Vascular Plants of Massachusetts. A County Checklist by the Massachusetts Division of Fisheries and Wildlife.
(3) Presumptions.
(a) Where a project involves removing, building upon, degrading, or otherwise altering of a resource area buffer zone adjacent to a resource area specified in FWR 10.02(1) (a) through (e), the Commission shall presume that such area is significant to, or will have a cumulative effect upon, the resource area values specified in FWR 10.18(1). This presumption is rebuttable and may be overcome upon a showing by a preponderance of credible evidence that said land does not play a role in the protection of said resource area values. In the event that the presumption is deemed to have been overcome, the Commission shall make a written determination to this effect, setting forth the grounds.
(b) Where a project:
1. involves removing, building upon, degrading, or otherwise altering of lands within 100 feet of any of the aforesaid “resource areas” as specified in Section 2: Activities subject to regulation under the Bylaw(FWR 10.02(2)), and said resource area is specified in FWR 10.02(1)(a) through (e); and
2. the resource area buffer No Disturbance zone, Zone A , as specified in FWR 10.18(5)(a)(1) through (4) is not naturally vegetated, so that buffer function is already compromised, the Commission shall presume that there is a significant or cumulative effect upon the resource area values specified in FWR 10.18(1). This presumption is rebuttable and may be overcome upon a clear showing that there is no significant or cumulative effect on the protection of said resource area values. In the event that the presumption is deemed to have been overcome, the Commission shall make a written determination to this effect, setting forth the grounds. If the Commission finds that the subject buffer area was altered after April 2, 1979, it shall first be determined if the alteration was made in compliance with the Bylaw. If the Commission finds that the buffer area was altered in violation of the Bylaw, the presumption cannot be overcome unless there are findings that demonstrate by a preponderance of credible evidence that the buffer functions have not been compromised (see FWR 10.18(7)(d)).
(4) General Performance Standards.
A resource area buffer zone that includes a No Disturbance area shall be required for all activities adjacent to resource areas specified in FWR 10.02(1) (a) through (e). Any resource area created, restored or enhanced as compensation for approved resource area alterations shall also include the buffer zone required for the corresponding resource area(s). All buffer zones shall be measured from the resource area boundary as surveyed in the field.
The width of the buffer No Disturbance area (Zone A) shall be determined according to FWR 10.18(5) (a). If the No Disturbance area (Zone A) is in a naturally vegetated undisturbed condition, the width of buffer zone as specified in FWR 10.18(5) (a) is presumed to provide a minimum acceptable level of protection. Except as otherwise specified in FWR 10.18(10), resource area buffer Zone A shall be maintained in a naturally vegetated condition.
(5) Buffer Zone Widths
The regulatory 100 ft buffer zone is divided into two zones: 1) No Disturbance area (Zone A) and 2) the Outer buffer area (Zone B). The width of Zone A, the No Disturbance area, is based on which wetland resource specified in FWR 10.02(1) (a) through (e) is of concern and resource area functions, values and sensitivity to disturbance, buffer functions and characteristics, and land use impacts.
(a) The No Disturbance area, Zone A, extends from the resource area to the boundary with the Outer buffer area, Zone B. The width of the No Disturbance area will differ based on which wetland resource area specified in FWR 10.02(1) (a) through (e) is of concern.
1. The width of the No Disturbance (Zone A) area shall be 100 feet for the following resources:
a. Saltmarsh;
b. Vernal Pools;
c. Freshwater wetlands bordering a water body within Zone 2 of a
public water supply;
d. Any resource area specified in FWR 10.02(1) (a) through (e) located within the ACEC with the exception of FWR 10.02(1)(a)(1); and
e. From the upland edge of any resource area listed in
FWR 10.02(1)(a) through (e) for which there is credible evidence of the presence of any endangered, threatened, or species of special concern within that resource area and on or adjacent to the site of the proposed activity.
2. The width of the No Disturbance (Zone A) area shall be 75 feet for the following resources:
a. An anadromous/catadromus fish run;
b. An eroding Coastal Bank located in a Velocity Zone; see also FWR 10.30(7)
c. Land under water bodies;
d. Land under the Ocean;
e. Land under a Salt Pond;
f. Banks of Salt Ponds, Estuaries, and ponds, lakes, and streams,
which flow throughout the year; and
3. The width of the No Disturbance (Zone A) area shall be 50 feet for the following resources:
a. Land subject to Tidal Action;
b. Freshwater wetlands not listed in FWR 10.18(5) (a)(1) and (2);
c. Banks of intermittent streams;
d. An eroding Coastal Bank not in a Velocity Zone;
non-eroding coastal bank in a velocity zone
e. All other coastal banks adjacent to other resources as defined in
FWR 10.02(1)(a) through (e), other than those listed above in FWR 10.18(5)(a)(2).
f. Coastal Dunes;
g. Coastal Beaches;
h. Rocky intertidal shore; and
4. The width of the No Disturbance (Zone A) area shall be 25 feet for
the following resources:
a. Noneroding coastal banks not in a Velocity Zone and not adjacent
to other wetland resources as defined in FWR 10.02(1)(a) through (e)
(b) The width of Zone B, the Outer buffer area, extends from the landward boundary of Zone A, the No Disturbance area, to a distance 100 feet from the resource. If Zone A is not given a specific width in FWR 10.18(5)(a), then Zone B is presumed to start at the boundary of the resource area. The width of zone A (No Disturbance area) plus the width of Zone B (Outer area) shall always equal 100 ft.
(6) Repair and routine maintenance of a Legally Permitted Facility, and routine maintenance of legally permitted landscaping
The commission shall allow normal repairs of a legally permitted facility that lies within the buffer zone if the work proposed does not require any disturbance to any resource area or buffer zone to a resource area. Routine maintenance which does not alter any of the naturally vegetated buffer area does not normally require Commission review or approval. Conservation Staff can answer specific questions concerning routine maintenance and normal repairs. Maintenance and repairs that require operating heavy equipment such as, but not limited to, trucks, cranes, bulldozers, and cement mixers in buffer areas is not routine.
(7) Work within a 100 foot buffer zone resource area, with the exception of moderate activities defined in 10.18(10).
(a) If the No Disturbance area (Zone A) is a naturally vegetated buffer, no work may take place in Zone A, and the Limit of Work must lie outside (landward of)
Zone A. Any work in Zone B must comply with the requirements of FWR 10.18(7)(e)(5).
(b) Limited work which may temporarily or permanent alter the resource area buffer, when conditioned appropriately, may be permitted. Nevertheless, within the context of permanent disturbance the Conservation Commission may set specific conditions prohibiting or restricting those forms of work and activities in the buffer resource deemed potentially harmful to the resource area values, such as the use of herbicides, pesticides, and fertilizer, removal of trees, use of interceptor drains, or installation of in-ground sprinkler systems for irrigating in the adjacent upland resource.
(c) The Commission may allow work to redevelop legally and previously developed resource area buffer Zones A or B that do not meet the buffer requirements of FWR 10.18(5)(a)(1) through (4), provided the proposed work meets the requirements of FWR 10:18(7)(e). Previously developed resource area buffer means the site has impervious surfaces from existing structures or pavement, absence of topsoil, junkyards, abandoned dumping grounds or lack of a naturally vegetated condition (e.g. lawn, etc.). The Commission shall make appropriate inquiry and make appropriate findings that the previous developed buffer areas were legally altered. The Commission can review and consider the Town of Falmouth aerial photographs. Evidence of a legally altered buffer area must include documented photographs, either aerial or land based, or written official records (those maintained by a government agency). Legally developed means the development occurred prior to adoption of the Wetlands Bylaw (April 2, 1979) or in accordance with the Wetlands Bylaw. The Commission shall take into account the existing use and the proposed use in determining appropriate mitigation for re-development.
(d) Where the resource area buffer zone has been illegally altered (see FWR 10.18(3)) and the applicant cannot overcome the presumption in FWR 10.18(3)(b)(2) that the buffer function is impaired, then the applicant must provide a buffer restoration plan that will restore the buffer function to substantially reduce cumulative negative impact to the wetland resources specified in FWR 10.02(1)(a) through (e).
(e) Buffer restoration (Mitigation planting) is required for any redevelopment work activity in the 100 ft buffer zone (Zone A and Zone B). It is the goal of mitigation plantings for redevelopment to restore the entire No Disturbance area (Zone A) to a naturally vegetated state and, if that is not possible due to structures existing prior to the redevelopment request, then to re-vegetate the Outer buffer area (Zone B) to provide protection for the resources.
1. For those resources listed in 10.18(5)(a)(1) and (2), any expansion or addition of impervious surfaces (e.g. expansion of primary structure such as a house; addition of accessory structures) in Zone A must not move closer to the resource area than the present primary structure, or no closer than 25 feet from the resource, whichever is furthest from the resource area. For those resources listed in 10.18(5)(a)(3) and (4), expansion or addition of impervious surfaces (e.g. expansion of primary structure such as a house; addition of accessory structures) in Zone A must not move closer to the resource area than the present primary structure. For all resources listed in FWR 10.18(5)(a), accessory structures in Zone A located closer to the resource than the primary structure may be modified, but the amount of impervious surface or pervious surface that cannot support vegetation in this area must not be increased.
2. Redevelopment within Zone A shall require a 3 to 1 mitigation for the increase in impervious area and for any increase in pervious areas that will not support a naturally vegetated buffer (e.g., pervious patios, driveways, and gardens). All mitigation plantings must be placed in buffer Zone A. Any redevelopment in Zone A must occur in an area that lacks a naturally vegetated buffer. Any increase in impervious surface or in pervious area that will not support a naturally vegetated buffer in Zone A must leave room for the required buffer plantings. No increase of impervious surface or pervious areas that will not support a naturally vegetated buffer in Zone A is permitted if the required mitigation cannot be provided in Zone A.
3. Any increase in impervious surface in buffer Zone B will require a
2 to 1 mitigation and these plantings must be placed in buffer Zone A, but if prior to redevelopment, the existing area available for mitigation in Zone A is not sufficient to accommodate mitigation plantings for redevelopment in Zone B (because of prior development in Zone A), then the area of mitigation that cannot be accommodated in Zone A shall be placed in Zone B.
4. The total area of mitigation plantings required shall not exceed that which would completely re-vegetate an area equivalent to the No Disturbance area (Zone A) on the lot. However, additional, voluntary, plantings of native species are encouraged.
5. No mitigation buffer plantings shall be required for work within zone B where the existing naturally vegetated buffer meets the resource area buffer distances of FWR 10.18(5)(a), but an improvement to any of the resource areas described in FWR 10.02(1)(a) through (e) must be provided. Improvements to other resources may include, but is not limited to, planting of native landscaping or wildflower meadows in preference to lawns, removal or control of invasive species and replanting with native woody species, and supplementing the existing buffer with native trees and shrubs.
6. The area available for mitigation plantings in Zone A, the No Disturbance area, is the total area of Zone A minus existing impervious area and pervious areas that will not support a naturally vegetated buffer (e.g., pervious patios, driveways, and gardens) in Zone A prior to re-development. For the purposes of calculating the required mitigation plantings, the ratio of mitigation plantings shall be in proportion (3:1 or 2:1) to the increase in impervious areas or structures and pervious landscape features including, but not limited to, foundations, decks, terraces, driveways, patios, walkways, etc.
7. The mitigation plantings shall be in an area of Zone A that is not already naturally vegetated and is closest to the resource area or, if there is an already existing vegetated buffer nearest to the resource, then adjacent to the vegetated buffer area between the structure and the resource.
8. Mitigation plantings in Zone B should generally be placed adjacent to any existing buffer plants to maximize the overall buffer width along the resource area boundary.
9. To allow for adequate space for structure maintenance without damage to mitigation plantings, all mitigation plantings must be placed at least ten (10) feet from any existing or proposed structure. Plants, regardless of species, closer than 10 ft to a structure shall not be considered as mitigation, but can be considered an improvement.
10. Any trees removed in the course of redevelopment in either Zone A or Zone B must be replaced with native trees, at a minimum of a 1:1 ratio (tree for tree) for trees removed and, at a maximum, caliper inch for caliper inch, except if the entire lot is already densely populated with native trees; then additional woody shrubs shall be planted as understory. If the site is lacking trees among its vegetation, more than a 1:1 ratio may be required, and additional shrubs surrounding these trees shall be added so that the buffer functions of the trees removed during redevelopment can be replaced and enhanced as the vegetation matures.
(f) All work within resource area buffer zones to resources defined in FWR 10.02 (a) through (h) shall provide for stormwater management according to FWR 10.16(3)
(8) Restoration on-site of a degraded resource area buffer,
Restoration shall include:
(a) Removal of all debris, but retain any native trees and mature native shrubs and groundcover (as defined by The Vascular Plants of Massachusetts. A County Checklist 1999 by the Massachusetts Division of Fisheries and Wildlife); non-native species with appealing habitat value may be allowed to remain;
(b) Grading to a topography which reduces runoff and increases infiltration;
(c) Coverage by topsoil at a depth consistent with natural conditions at the site;
(d) Seeding and planting with an erosion control seed mixture, followed by the planting of woody indigenous species that are appropriate for the habitat and are found on the current approved Falmouth Conservation Commission plant list. No dwarf species may be used.
(e) Mitigation buffer plantings shall include a minimum of one native tree and shall include additional trees at a ratio of a minimum of one (1) tree per every 1000 sq. ft. of required buffer plantings. Any trees removed within the 100 ft resource area buffer defined in FWR 10.02(1)(a) through (e) as a result of redevelopment must be replaced with native tree species at locations acceptable to the Commission (see FWR 10.18(7)(e)(10)). In rare circumstances, the Commission may determine, based on a preponderance of credible evidence, that planting of trees is not appropriate due to extreme environmental (e.g., regular exposure to high winds and salt spray, steep banks) or other conditions on a particular site. In such cases the Commission shall make a finding to this effect and may require that additional shrubs be included in the required buffer plantings.
(f) Woody indigenous species buffer plantings may be supplemented by an understory of native grasses and herbs (including ferns, groundcovers and perennials). Native grasses and herbs alone cannot be used to replace woody indigenous species, and areas planted in only native grasses and herbs shall not be counted as mitigation area.
(g) All planted mitigation areas shall be allowed to grow to their full and mature form, and any pruning shall be in compliance with FWR 10.18(10)(b)
(h) All lawns within the resource area buffers to resources defined in FWR 10.02(1) (a-e) shall be planted and managed according to the Falmouth Friendly Lawn guidelines and safe organic practices protocols. Lawns may be irrigated for two growing seasons after planting, but not thereafter.
(9) Temporary degradation and restoration of a resource area buffer
The Commission may permit activities within the resource area buffer that will alter the buffer vegetation temporarily, but will result in a complete restoration of the buffer (see FWR 10.18 (8)). The Commission may require a performance bond for such activities.
(10) Moderate activities Proposed in a Resource Area Buffer
The Resource Area Buffer zone should be left intact in a naturally vegetated condition with the exception of activities regulated under FWR 10.18. However there are some activities that may be permitted by the Commission that are not likely to have a significant or cumulative effect on the resource area values of the Bylaw, provided the other provisions of FWR 10.00 are met. These proposed activities must be reviewed by the Conservation Department to determine the appropriate permitting procedures, and to determine what, if any, mitigation is required. These activities are:
(a) Fencing, provided it will not constitute a barrier to wildlife movement;
(b) Vista pruning; according to the following guidelines:
1. If a vista window already exists (e.g. an opening 15 ft high by 25 ft wide), vista pruning may not be allowed.
2. One (1) vista window may be cut that is no more than 15 ft from top to bottom by 25 ft wide depending on the existing view.
3. Vista window vegetation removal is minimized to avoid creating “holes” through uplimbing of the mid-story vegetation. A variety of vegetation layers should be preserved (shrub understory, lower limbs/mid-canopy, top canopy).
4. Minimal uplifting of tree branches as measured from existing grade is allowed. Uplifting may not exceed 1/3 of the tree’s height with no more than 10% of the tree canopy taken off any tree. No uplimbing of trees to form “palm trees” is allowed.
5. No trees are to be cut by “pollarding” or “topping” (shearing the top in a horizontal plane).
6. Some sapling trees (not all) may be removed that are three (3) inches diameter breast height (dbh) or less. If saplings comprise the majority of the proposed view area, selective removal shall be specified by Conservation staff.
7. Deadwood should be preserved whenever possible, especially trees 4” or greater diameter at breast height, to retain potential feeding areas and nesting cavities for birds.
8. Deadwood located in a wetland shall not be removed.
9. Shrubs may be pruned down to 5 ft above the existing grade when necessary to obtain a view. Shrubs on a down-slope that do not impair the view shall not be cut.
10. Non-native vines growing up trees or over shrubs (e.g., Bittersweet, Boston/English Ivy, Porcelainberry) shall be cut and should be removed if possible. Native vines, such as Virginia Creeper, shall not be cut.
11. Red Cedars may not be cut if in a window view, though light thinning may be allowed on dead trees. American Holly and Beech Trees should not be cut.
12. Poison Ivy can be removed within four (4) ft of the edge of a path or grass areas.
13. Vista pruning permits are for the specified pruning only and do not include maintenance in perpetuity. Any subsequent pruning must be done under an extension or a new permit application.
(c) Plantings of native species of trees, shrubs, or groundcover, but excluding lawns regardless of species composition;
(d) The conversion of impervious surfaces to vegetated surfaces, provided erosion and sedimentation controls are implemented during construction;
(e) Activities that are temporary in nature, have negligible impacts, and are necessary for planning and design purposes (e.g., installation of monitoring wells, exploratory borings, sediment sampling and surveying);
(f) Pervious trails of a width 4 feet or less;
(g) Nonpermanent wildlife watching blinds; or
(h) Short term scientific or educational activities.