Proceedings of the Sixty-first Annual Meeting of the Northeastern ...
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Proceedings of the Sixty-first Annual Meeting of the Northeastern ...

Proceedings of the Sixty-first Annual Meeting of the Northeastern ... Proceedings of the Sixty-first Annual Meeting of the Northeastern ...

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08.06.2015 Views

136 THE MASSACHUSETTS EXAMPLE: ONE STREAM BANK, MULTIPLE JURISDICTIONS. R.G. Prostak and D.J. Picking, Univ. of Massachusetts, Amherst. ABSTRACT In MA, individuals wishing to control or eradicate invasive plants in riparian areas face many regulations that are unique to the commonwealth. These regulations predate invasive plant recognition and consciousness to the degree that it exists today. In 1972, the Commonwealth of MA passed the Wetlands Protection Act (WPA), MA General Laws Chapter 131 section 40. The Act defines areas subject to protection, including Bordering Vegetative Wetlands (BVW), stream banks, and lands subject to flooding. The Act protects not only BVW but identifies a 100 foot buffer zone beyond the wetland edge. The Act requires that a permit be obtained for nearly all activities within the BVW. Activities in the wetland buffer zone may or may not require a permit depending on the likelihood of the activity adversely impacting the resource area. In 1996, MA passed the Rivers Protection Act (RPA) that further amended the WPA. RPA establishes a 200 foot resource area along all perennial rivers and streams. This is a regulated resource area and may or may not overlap a BVW and its associated buffer zone. Almost all activities within this area will require a permit. The WPA is administered by a local Conservation Commission in each municipality with oversight and final authority from the MA Department of Environmental Protection (DEP). Under "home rule" in MA, municipalities may pass local wetland bylaws that are more stringent than those of the commonwealth. For example, some municipalities have imposed 'no build' and /or ‘no disturb’ zones adjacent to wetland resource areas that prohibit all activities within these locally defined zones. Decisions made based on the WPA by municipal conservation commissions may be appealed to the DEP, but decisions made based on local by-laws can not be appealed. Local conservation commissioners serve voluntarily once appointed by local town officials. Training programs are offered by the MA Association of Conservation Commissioners but attendance at these programs is not mandatory. The make-up of commissions varies significantly from town to town due to the professional background and experience of the commissioners, therefore, decisions and interpretations of regulation can also vary. The importance of invasive plant management is recognized by most (if not all) local conservation commissions, however, conservation commission differ widely in their views on the use of herbicides in or near wetlands. Another set of regulations that may impact ones ability to manage invasive plants in riparian zones is the MA Endangered Species Act, MA General Law Chapter 131 A. The Act is administered by Natural Heritage Endangered Species Program (NHESP) within the MA Department of Fish and Game and reviews all proposed activities in estimated rare or endangered species habitat, as delineated on the NHESP database. With the exception of utility right-of-ways, the WPA and RPA do not address the use of herbicides. The exclusive authority for the regulation of the labeling, distribution, sale, storage, transportation, use and application, and disposal of pesticides in the commonwealth is determined by the MA Pesticide Control Act, MA General Law Chapter 132B administered by the MA Department of Agricultural Resources. 118

137 Supplement to the Proceedings Sixtieth Annual Meeting of the Northeastern Weed Science Society Westin Hotel Providence, RI January 3-6, 2006 Hilary A. Sandler, Editor University of Massachusetts-Amherst Cranberry Station East Wareham, MA 119

137<br />

Supplement<br />

to <strong>the</strong><br />

<strong>Proceedings</strong><br />

Sixtieth <strong>Annual</strong> <strong>Meeting</strong><br />

<strong>of</strong> <strong>the</strong><br />

Nor<strong>the</strong>astern Weed Science Society<br />

Westin Hotel<br />

Providence, RI<br />

January 3-6, 2006<br />

Hilary A. Sandler, Editor<br />

University <strong>of</strong> Massachusetts-Amherst Cranberry Station<br />

East Wareham, MA<br />

119

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