By Geri Williams and Paul Denoncourt

I have written in the past about the importance of maintaining a vegetative buffer along the shoreline of a pond, stream or wetland for preventing runoff and pollution. If you have a vegetative buffer on your property it is very important not to cut the shrubs and trees down to the water. I asked one of our Board members, Paul Denoncourt, who is a member of the Plymouth Conservation Commission to explain the Wetland Regulations.

The Massachusetts Wetlands Protection Act protects water-related lands such as wetlands, floodplains, and other areas from alteration. Wetlands are land areas that contain surface water all or part of the time, as well as some adjacent land areas. The Act specifically regulates activities in or near these areas. The most commonly regulated wetlands are Bordering Vegetated Wetlands, which are wetlands that share a border with a pond, lake or intermittent stream.

A buffer zone is an area of land within 100 feet of a wetland and 200 feet from a vernal pool. Riverfronts are zones within 200 feet of a river and are similarly protected. Work including landscaping, pruning and clearing in a buffer zone or riverfront could have an impact on the nearby wetland. Thus, many activities done in these zones are subject to regulation under the Act and require prior approval (permit) by the town conservation commission. Some activities, such as normal maintenance, are allowed without a permit.

The Wetland Buffer Zone is divided into three subzones defined by distance from the edge of the wetland: the 0–35-foot Zone, 0-50-foot Zone and the 50-100-foot Zone. The 0-35 Zone is the “No Touch” Zone where nearly all activities, even the planting of native species or the removal of invasive species, require a permit/waiver from the commission. Only native species can be planted; a native species list is available on the town’s website under the Conservation Committee section. The 0-50 Zone is the “No Build” Zone wherein construction projects are banned unless a permit/waiver is granted. In the 50-100 Zone construction, septic systems and landscaping projects that meet appropriate codes can be issued a permit.

The bottom line is that anything done within 100 feet of a wetland, especially within the 0-35-foot Zone, that could affect the wetland requires permitting, while many activities outside the 0-35-foot Zone will not affect the wetland and thus do not require a permit. The determination can only be made by a conservation agent.

What must one do if one wishes to landscape–or do anything else–within 100 feet of a wetland? Contact the Plymouth Conservation Commission (online at Plymouth.gov, by phone at 508-747-1620, or in person at the Plymouth Town Hall) for information on the law and how it applies to your particular project. For small projects you can submit a Request for Determination of Applicability (RDA) with a plan, sketch or other description of the work to be done. If the project is determined to have no impact on the adjacent wetland, you will not need a permit and will be given permission to proceed as soon as a 10-day appeal period passes. If the project is determined to possibly impact the wetland, you will need to file a Notice of Intent to begin the permitting process.