Photo: Sewall Brook Spring, Courtesy © Stephen G. Maka
Frequently Asked Questions
What does the Conservation Commission do?
What
is the Wetlands Protection Act?
There is no pond or marsh on my property. Why should my project be
reviewed by the Conservation Commission?
How do I know if there is a wetland on my property?
How will the presence of a wetland affect the home I’m building or the
landscaping I’m planning?
Does the Conservation Commission ever permit construction within 100
feet of wetland?
My neighbor’s house is easily within 50 feet of a wetland. Why did the
town permit this?
What is a vernal pool and why is it special?
What can I do to protect the wetlands in my neighborhood?
What does the
Conservation Commission do?
The Sherborn Conservation Commission is charged under state law
(Wetlands Protection Act) and town by-law (Sherborn General Wetlands
Bylaw Chapter 17) with protecting wetlands, streams, and ponds from
alterations, including development, that would degrade the wetlands'
hydrological and biological functions.
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What is the Wetlands
Protection Act?
Massachusetts was the first state to adopt a statewide wetlands
protection law and ours is among the strongest. The Wetlands Protection
Act, as adopted in 1972, has been amended and expanded almost every
year, most recently by the 1996 Rivers Protection Act. In
Massachusetts, unlike in most other states, communities rather than
state agencies have primary authority over wetlands protection, through
the Act and through local laws. Your Sherborn Conservation
Commission has primary permit responsibility for work conducted in
wetlands and their associated buffer zones.
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Marshes, streams and ponds aren’t the only wetlands governed by the law. Some wetland resources lack standing water. Wetlands are any lands where the soil is saturated for a significant portion of the growing season. Just because water pools occasionally in the early spring does not automatically make an area a wetland. Conversely, an area may be a wetland even if there is never standing water there. Even if a project isn’t in a wetland, a project near a wetland can degrade that wetland by increasing siltation and runoff. For this reason the Commission has jurisdiction over all work, including landscaping and brush-cutting, in any wetland resource area and within 100 feet of a wetland.
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How do I
know if there is a wetland on my property?
The definitive test of wetland is an analysis of the soil in the 12
inches immediately beneath the surface. A survey of vegetation is
another, though less reliable, means of identifying a wetland. Certain
types of vegetation, such as cinnamon fern, winterberry, skunk cabbage,
and high-bush blueberry prefer to grow in wetlands.
Anyone planning a project must consult the Commission to determine
whether a wetland is present. The Commission’s agent is trained to
identify wetlands. Simply fill in the short Request For Determination
form available at Town Hall and the Agent will visit your site to
evaluate the soil conditions and vegetation and review your building,
landscaping, or brush-cutting plans.
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Under Sherborn Wetlands Regulations, the first 50 feet from the vegetative wetland border is deemed a “no alteration” zone where no activity is permitted. The second 50 feet from the wetland border are considered “the buffer zone” where limited, or temporary, alterations may be permitted but permanent alterations and building typically are not. The presumption is that any activity within 100 feet of a wetland will increase siltation and run-off, interfere with the hydrology, and damage wildlife habitat. Since our town relies on residential wells for our water supply, the town adopted the Sherborn Wetlands By-Law which is more stringent than state law.
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Does the Conservation Commission ever permit construction within 100
feet of wetland?
The Commission has permitted some construction in hardship
situations, often involving an existing septic system that has failed.
In these cases, the minimum distances required between a septic system
and a domestic well leave no other option but to put a portion of the
leaching field within the 100-foot zone. The Commission has taken the
position that such alterations are allowed because it is better to
reduce the risk of groundwater pollution by making certain that failing
septic systems are replaced by new Title V systems.
In a few circumstances where options were extremely limited, the
Commission has permitted activity to occur in wetlands in exchange for
wetland replication or conservation easements protecting a natural area
from future development. Replication projects create new wetlands,
always considerably larger than the wetland that was disturbed. The
Commission’s preference, however, is to keep existing wetlands intact.
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Many Sherborn structures pre-date passage of the Wetlands Protection Act (1972) and Sherborn’s Wetlands By-Law (1979). These structures may not comply with today’s rules but are grandfathered. However, any prospective additions or landscaping activities undertaken on grandfathered structures are subject to current law and by-laws and must be approved in advance.
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What is a vernal
pool and why is it special?
Vernal pools are isolated wetlands that hold water in most years
for two continuous months in spring or summer. Because vernal pools
don’t support populations of fish, several unique species of amphibians
and freshwater amphipods make their homes there. They live in the leaf
litter surrounding the vernal pool and reproduce in the pool in the
spring. The State and the Sherborn Conservation Commission extend
additional protections to vernal pools. Instead of the usual 50’
no-alteration/100’ buffer zone regulation, vernal pools have setback
requirements of at least 150 feet.
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If you think you have a vernal pool on your property, please notify the Commission. All vernal pools are protected by Sherborn Wetlands Regulations, but there is a state procedure for certifying and protecting vernal pools as well. To date, only a fraction of our vernal pools have been identified and certified.
If you own acreage, consider a conservation restriction on a portion of your property, as a number of residents who want to protect our town’s natural character have done in recent years. A conservation restriction protects the parcel from future development without ceding ownership or the right to sell the property. In addition, the grantor of the restriction has the right to decide whether to permit public access for hiking or horseback riding.
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Sherborn, MA
Last Updated: Monday, May 12, 2008
All questions about rules, bylaw; etc. should be directed to the following
Sherborn Conservation Commission
19 Washington St., Sherborn, MA 01770
(508) 651-7863
jean.bednor@sherbornma.org
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