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1. What is the Conservation Commission and what does it do?

The Attleboro Conservation Commission is composed of 7 volunteer members, appointed by the Mayor and approved by the Municipal Council. The commission was established to promote and protect Attleboro's diverse natural resources, and provide review for projects proposed within or near wetlands.

The Conservation Commission is the permitting authority specifically charged with protecting and promoting Attleboro's natural resources. The primary activity of the Commission is the administration of the Wetlands Protection Act (MGL c.131, §40), the Attleboro Wetlands Protection Ordinance (§18-01 of the Revised Ordinances of the City of Attleboro) and the Stormwater Management Ordinance (§19 of the Revised Ordinances of the City of Attleboro). The Commission also engages in open space planning, and the active management of over 700 acres of city owned conservation land.

2. What is the Wetlands Protection Act?

The purpose of the Massachusetts Wetlands Protection Act is the protection of Massachusetts wetlands by preventing pollution, reducing the effects of potential flooding, preventing storm damage, protecting groundwater supplies, maintaining habitats for plants and wildlife, and protecting public and private water supplies. The Act gives local communities and the Department of Environmental Protection (DEP) the authority to determine which Resource Areas within its jurisdiction are protected, to regulate work in these areas, and to enforce regulations.

The performance standards, detailed in the Wetlands Protection Act regulations (310 CMR 10), state that there may be no alteration of wetland resource wetland areas without prior approval of the Conservation Commission or DEP. Limited alterations of up to 5,000 square feet may be permitted under the Act, at the permitting authority's discretion, provided that the interests of the Act are adequately protected. Vernal pools are provided protection under the Act if they lie within a regulated wetland resource area. These resource areas are given special protection and no adverse effects on wildlife habitat characteristics are permitted.

In order to be protected under the Act, vernal pools must have been certified through the Division of Fisheries and Wildlife Natural Heritage and Endangered Species Program or identified by a preponderance of the evidence presented at a public hearing. In order to obtain a permit (known as the “Order of Conditions”) allowing work to occur in proximity to such areas, the applicant must file a Notice of Intent (NOI) with the Massachusetts Department Environmental Protection that is subject to approval by the Conservation Commission. The issuance of the permit allows work to proceed; however, the case is not closed until the applicant applies for and obtains a Certificate of Completion (COC), which verifies that they have complied with all of the conditions required by the permit.

3. What resource areas are protected under the act?

Protected wetland resource areas include rivers, streams, brooks, ponds, lakes, vegetated wetlands, banks, floodplains, and vernal pools. The riverfront area is an area which extends 200 feet from the banks of rivers and most brooks, streams and the ponds through which these features flow. The regulations also provide a buffer zone which extends 100 feet from the edge of most wetlands.

Rivers, streams, brooks, ponds, reservoirs, wetlands, and the underground aquifers in Attleboro are all part of the system that provide water for use by residents. In addition, wetland areas provide habitat and food for aquatic and terrestrial wildlife and act as conduits for the movement of water from one area to another. Wetlands serve as temporary storage areas for water, filtering out pollution, providing containment for floodwaters and allowing the filtered water to be recharged to groundwater.

It is illegal for anyone in Attleboro to dredge, fill, modify or alter any of these resource areas without first filing for and receiving a permit from the Conservation Commission or the Department of Environmental Protection. Anyone who may want to work within 100 feet of a wetland or within 200 feet of a brook, stream or river and who plans to build, grade, clear, apply herbicides or do any work which could alter the resource area must contact the Conservation Commission before doing so. In order to determine whether the provisions of the Wetlands Protection Act apply to a particular land area, a Request for Determination of Applicability (RDA) may be applied for. In response, the Commission will issue the Determination of Applicability (DOA), which will inform the applicant whether or not he must apply for further permits to work on the land in question.

4. How do I determine if there is a resource area on my property?

Officially, the Conservation Commission determines their jurisdiction based on site surveys. Either the conservation agent or a consulting firm walks the wetlands, marking on plans the locations and boundaries of features. Whether there are any restrictions on activities/development due to the existence of endangered species habitat on a property must be determined by the Natural Heritage and Endangered Species Program (NHESP).

It is the responsibility of the property owner/interested party to have the property in question surveyed and the delineation confirmed by the Conservation Commission; a process that requires applying for an Abbreviated Notice of Resource Area Delineation (ANRAD). This process will include ruling out conservation restrictions imposed by the NHESP. The Order of Resource Area Delineation (ORAD), the form the Commission produces in response to an ANRAD, will lock in the location of all the resource features defined for a period of 3 years. To get a general feel for the proximity of wetlands to a particular land area, U.S. Fish & Wildlife Service maintains the National Wetlands Inventory mapping tool. To determine the existence of vernal pools or view FEMA floodplains, the “MassGIS Oliver” mapping system may be utilized. Alternatively, you can contact our office for guidance.

5. What is protected by the Local Wetlands Protection Ordinance?

The Attleboro Wetlands Protection Ordinance provides protections in addition to those provided by the Massachusetts Wetlands Protection Act, and includes areas that may not be protected by the Act. Specifically the ordinance protects: any vegetated freshwater wetlands, marshes, wet meadows, bogs and more. Vernal pools and lands within 100 feet of the pool boundaries are protected, regardless of whether they have been certified by the National Heritage Species Program or whether the pool is located within a state protected resource area.

The ordinance protects all of the interests identified in the state Act, in addition to erosion and sediment control, water quality, rare species habitat, agriculture, aquaculture and recreation values. A 25 foot wetland protection zone around all wetland resource areas is provided protection under the ordinance. This 25 foot Wetland Protection Zone is designated as a wetland resource area, as these lands are presumed to be significant to the protection of adjacent wetland resources. In order to work within these limits, permission must be obtained through the issuance of a Local Wetlands Permit (LWP) by the Conservation Commission.

6. What is overseen by the Stormwater Management Ordinance?

The Attleboro Stormwater Management Ordinance protects, maintains and enhances the public health, safety, environment, and general welfare by establishing minimum requirements and procedures to control the adverse effects of storm water runoff, as well as address illicit connections and discharges to the municipal storm drain system. Its goals include protecting the integrity and health of water resources, preventing pollutants from entering the City’s drainage system, establishing standards for runoff quantity and quality, as well as long-term operations and maintenance of storm water systems.

The ordinance also strongly encourages the use of “Low Impact Design” (LID) through the reduction of impervious cover and preservation of open space and natural areas, to the maximum extent practicable. Projects and/or activities within the jurisdiction of the Storm water Management Ordinance must obtain a Storm water Management Permit (SMP) from the Conservation Commission prior to the commencement of work on site.

7. When should you consult the Conservation Commission?

Anytime you plan to work within the 100-foot buffer zone of a resource area, 125-foot buffer zone of a vernal pool or within the 200-foot riverfront area, you should first consult with the Conservation Commission. Permits will be necessary if the proposed activity is determined to have a likelihood of impacting wetland resource areas, a fact which may be determined by the filing of a Request for Determination of Applicability (RDA). In response to this filing, the Commission generates a Determination of Applicability (DOA), stating whether the work may proceed, any recommended conditions for that work or if further permitting is required.

In addition, both new and redevelopment of sites may require a storm water permit, with the notable exceptions of single family homes, development of the lesser of 2,500 square feet or 25% of the property area, redevelopment of less than 2,500 square feet, normal maintenance/improvement of land for agricultural use (see The Wetlands Protection Act for definitions of “agricultural use”), and emergency repairs to existing buildings, roads, drainage systems or storm water management facilities that may pose a hazard to public health and safety.

When in doubt, our Conservation Agent or Assistant Conservation Agent will be happy to consult with you and answer your questions. For detailed information, please contact the office.