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Holliston Conservation Commission
FAQs - Frequently Asked Questions
Above, a snapping turtle laying eggs. |
1. What is the Holliston Conservation Commission?
2. What does the Commission do?
3. What is the Wetlands Protection Act?
4. What is protected by the Holliston Wetlands Bylaw?
5. What Resource Areas are protected under these laws?
6. When should you consult the Commission?
7. Where can I get the permit forms for a wetlands filing?
8.What information is required in the NOI filings?
9. Can the Agent visit my house to check if I need to file a RFD or NOI?
10. What is a RFD or a NOI?
Other Questions:
1. What is the Holliston Conservation Commission?
The Holliston Conservation Commission is composed of seven volunteer members, appointed by the Board of Selectmen. It was established to promote and protect Holliston's natural resources, to protect watershed resources, to protect wetland resource areas, to provide permitting review for proposed projects within resource areas, and to coordinate with other town officials and boards on conservation issues that relate to its areas of responsibility.
2. What does the Commission do?
The Commission is the permitting authority specifically charged with the promotion and development of Holliston's natural resources, and the protection of wetland resource areas. The primary activity of the Commission is the administration of the Wetlands Protection Act (MGL 131, §40) and the Holliston Wetlands Protection Bylaw (Article XXX). The Commission also engages in planning, helping to acquire and manage open space, and encouraging and monitoring Conservation and Agricultural Preservation Restrictions.
3. What is the Wetlands Protection Act?
The Massachusetts Wetlands Protection Act exists to preserve and protect Massachusetts wetlands by preventing pollution; reducing the effects of potential flooding; storm damage prevention; protecting groundwater supplies; maintaining habitats for plants and wildlife; and protecting public and private water supplies. A vernal pool habitat, which includes a buffer of 100 feet around the pool, is presumed significant to wildlife habitat when it lies within a state wetland resource area.
The Act gives local communities the authority to determine which Resource Areas within its jurisdiction are protected, to regulate work in these areas, and to enforce the regulations. The performance standards under the Act state that there may be no destruction or impairment of bordering vegetated wetland (BVW) areas: alteration of up to 5,000 square feet may be permitted at the Commission's discretion provided the area is properly replicated.
Vernal pools with a 100 ft. buffer, if they lie within a state wetland resource area, are given special protection, and no adverse effects on the wildlife habitat characteristics are permitted. Pools must have been certified through the Natural Heritage program or identified by a preponderance of the evidence presented at a public hearing to be protected under the State Act.
4. What is protected by the Holliston Wetlands Bylaw?
The Holliston Wetlands Administration Bylaw (Article XXX) adds to the areas protected by the State Act to include the following resource areas:
land within 100 feet of any freshwater wetland, marsh, wet meadow, bog, swamp, bank, beach, lake, river, pond, or streams, and any land under said waters; or within 100 feet of any land subject to flooding or inundation by groundwater or surface water.
Vernal pools and their 100 foot buffers are protected, regardless of whether they have been certified under the state program or whether the pool and buffer are located within state protected resource areas.
The bylaw, which was completely revised in 1988, was created to protect all of the interests identified in the state act, and encompassed the addition of wildlife habitat protection and erosion control. A buffer zone of 100 ft. around any resource area and 200 feet around vernal pools and streams, is subject to protection under the bylaw. Within this buffer zone, setbacks from the wetlands edge are defined in the Regulations.
5. What Resource Areas are protected under these laws?
The protected resource areas include rivers, streams, brooks, ponds, lakes, wetlands, banks, floodplains, and vernal pools. Protection extends 100 feet from the edge of the wetlands, 100 feet from vernal pools (200 feet if endangered species inhabit the vernal pool), and 200 feet from rivers and most brooks and streams.
Rivers, streams, brooks, ponds, wetlands, and the underground aquifers in Holliston all are part of the system that provides water for use by Holliston's inhabitants. In addition, the wetlands provide habitat and food for aquatic life, birds, and animals 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 and allowing the filtered water to be absorbed into the aquifer.
It is illegal for anyone in Holliston to dredge, fill, modify or alter any of these resource areas without first filing for and receiving a permit. Anyone who may want to work within 100 feet of a wetland or within 200 feet of a vernal pool, brook, stream or river, and 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.
For more information on wetlands, see our brochure, Living With Wetlands
6. When should you consult the Commission?
If you believe you are within 100 feet of a wetland or 200 feet of any river, stream, creek or vernal pool, or just want to make sure (when in doubt, our Conservation Agent will be happy to consult with you and answer your questions) or:
- When you plan to do any landscaping, dig a hole, or fill a hole.
- When you plan to cut a bush or tree, plant a bush or tree or change the vegetation surrounding your home in any way.
- When you plan to put an addition on your house, add a pool or side buildings.
- When you plan to pave what is now a gravel driveway.
- When you plan to install a new driveway.
- When you plan to install or repair a septic system.
- When you plan to alter a stream or stream bed.
- When you plan to do anything about that nasty puddle of water in your yard.
- When you plan to move a wall or install one.
- Before you buy a house.
Or:
- When you're wondering what that NO WORK BEYOND THIS POINT sign means.
- When you're wondering what DEP followed by a lot of numbers on a sign means.
- When you plan to use Conservation Land for any event.
- When you would like to organize a "friends of" group to help in the maintenance or preservation of Conservation Land.
- When there is a woman from a black Saturn Vue, standing in the street looking at that nice hole you just dug and shaking her head.
Wetland Protection -- Administrative Issues
7. Where can I get the permit forms for a wetlands filing?
Forms can be obtained on-line at this web site, or they can be picked up at the Conservation Commission's office.
You can also access conservation commission policies & procedures on this site.
8. What information is required in the NOI filings?
NOI filing requirements are explained in the Commission's Regulations at Section 4.4. The Commission recommends that you download the NOI Submission Requirements Form for guidance, and submit the form with your NOI submission.
9. Can the Agent visit my house to check if I need to file a RFD or NOI?
If you aren't sure whether a proposed project comes under the Conservation Commission's jurisdiction, you should file a Request for Determination (RFD). The Wetlands Protection Act requires that RFDs are reviewed (and a determination given) by the Commission within 21 days of it's receipt. For more information regarding exempt activities in a previously disturbed area, please refer to the DEP's guidelines entitled "Exempt Minor Activities in Riverfront Areas and Buffer Zones under the Wetlands Protection Act"
10. What is a RFD or a NOI?
A RFD (Request for Determination of Applicability) is the simpler wetlands application form that is used for small projects that will probably not impact resource areas. A NOI (Notice of Intent) is for all other projects.
General Questions
1. How can I become a Conservation Commissioner?
Conservation Commissioners are appointed by the Board of Selectmen (with the advice of the Conservation Commission), as vacancies become available. If you are interested in becoming a Conservation Commissioner, please send a letter of interest or an email to the Conservation Office.
2. What do Associate Conservation Commissioners do?
Associate conservation commissioners are a group of individuals who perform various duties that the Conservation Commission doesn't have the time to do, including trail maintenance, public education and trail walks. They may become as deeply involved in Commission business and activities as they wish, although they do not have voting powers. Some associates enjoy working on conservation lands. Others like to lead walks. Becoming an associate conservation commissioner is a good way to get introduced to town government work.
Wildlife
1. Are there any poisonous snakes in Holliston?
No. Although most snakes in our area have tiny needle-like teeth and will bite if handled, none are poisonous. Some people erroneously believe that the black snakes they see basking around ponds and streams in the summer time are "water moccasins." They are merely Northern Water Snakes. Holliston also has Hog Nosed Snakes which, when cornered or frightened, may raise up on its lower body and spread its head in cobra fashion (which is very impressive, but completely harmless). If this doesn't work, the snake will fall over and play dead.
2. Are there any Endangered Species in Holliston?
Yes, there are quite a few, actually. See the endangered species listing on this site for recent spottings.
Endangered reptiles in Holliston include the spotted turtle, wood turtle, blandings turtle, and box turtle; the hog nosed snake will soon be put on the "watch list". Endangered salamanders that can be found in Holliston include blue spotted salamanders, marbled salamanders and four toed salamanders. We also have an endangered mussel in Lake Winthrop, a very small shrimp-like creature that inhabits vernal pools, and several endangered butterflies and dragonflies, among others. For more information, please see our links page, which includes the Massachusetts Natural Heritage & Endangered Species Program's (MNHESP) web site at http://www.state.ma.us/dfwele/dfw/nhesp/heritage.htm, several species identification guides and the Vernal Pool Association's web site. We will also be adding to the "critter corner" section of this web site as endangered species are found and photographed in Holliston.
3. What should I do if I find an Endangered Species?
It is actually against the law to capture or "take" an endangered species, so if you happen to come across one of these "critters", run and grab your camera to document the creature that you have found. Documenting endangered species in Holliston, is critical in protecting the animals and their habitats. Go to the MNHESP's web site at http://www.state.ma.us/dfwele/dfw/nhesp/heritage.htm for more information on endangered species in Massachusetts and how to document your find. You can also call the Conservation Agent, who will be happy to answer any questions that you might have.
4. What is a Vernal Pool?
A vernal pool is a temporary pond that doesn't support breeding fish populations. There are approximately 550 species of vertebrates and invertebrates that utilize vernal pools' unique habitat. Vernal pools are becoming increasingly rare, due to habitat destruction through land development. Vernal pools are a protected resource in Holliston, regardless of whether they have, or have not, been officially certified through the MNHESP. For more information on vernal pools and their inhabitants, check out the Vernal Pool Association's web site at: http://www.vernalpool.org/vernal_1.htm.
Conservation Lands
1. Where can I get maps of Holliston Conservation Lands?
The easiest place is right here -- online! Just go to the Conservation Associates page at http://www.townofholliston.us/ConAssoc/index.htm#anchor45006, or, you can do it the old-fashioned way and visit the Town Offices. Maps are available in the Conservation Commission and in the Town Clerk's office in Town Hall.
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