Concord’s Natural Resources Commission is responsible for the overall stewardship of the natural resources of the town and, in conjunction with the selectmen and Town Meeting, the establishment and guidance of the town’s environmental policy. A majority of the commission’s time is spent administering the Wetlands Protection Act.
The commission’s mission is to protect the town’s natural resources through open space and wetlands protection, preservation, stewardship, education and coordination with other local agencies and committees. The commission is charged with the enforcement of state and town regulations and policies in the permitting of work in and near wetlands, floodplains, banks and riverfront areas. It also manages more than 1,300 acres of conservation land, 13 agricultural leases, several dozen conservation restrictions, and two community gardens.
Additionally, the commission has seven subcommittees that assist in protecting and enhancing Concord’s natural resources. They are the Conservation Restriction Stewardship Committee, Heywood Meadow Stewardship Committee, Mill Brook Task Force, Mattison Field Stewardship Committee, Trails Committee, Warner’s Pond Stewardship Committee, and Wildlife Passages Task Force. A representative of the commission also serves on the Community Preservation Committee.
In 1972, the first comprehensive wetlands protection law in the United States was established: The Massachusetts Wetlands Protection Act.
Town conservation commissions, authorized in 1957 to protect natural resources, acquire important land and water areas, and manage these properties, were given responsibility for the administration of the act.
The act protects eight public interests, seven of which are relevant to Concord: Public and private water supply, groundwater supply, pollution prevention, flood control, storm damage prevention, fisheries habitat protection and wildlife habitat.
The commission has found that some activities in the 100-foot buffer zone adjacent to wetland resource areas pose a serious threat to the ability of such areas to fully protect the eight interests identified in the Act.
Through the permitting process, the commission attempts to minimize the impacts of disturbance to soil and natural vegetation, pollutant run-off, destruction of animal habitat, and changes in hydrology, temperature and shading which inevitably result from activity within and alterations to the buffer zone.
To this end, the commission enforces two policies:
· A 50-foot “no build zone” protecting 50 feet adjacent to a wetland resource area where no new structures are permitted
· A 25-foot “no disturb zone” protecting a 25‑foot naturally vegetated area adjacent to wetland resource areas where no alteration is permitted.
Except in cases where the applicant can demonstrate that such activity would not adversely affect the interests identified in the act, that they have a restricted site, or that public benefits outweigh any such alterations, the commission will presume that any new structures proposed within 50 feet of wetlands, and any alteration or construction within 25 feet of a wetland boundary will have a significant adverse impact on the wetlands, and such proposals shall not be permitted. Maintaining existing lawn and landscaping, removing invasive species, agricultural activities, planting native vegetation, and certain other activities are considered exempt.
It is important for homeowners to understand that if they are planning any clearing, filling, excavation, demolition, construction or landscaping — including cutting of trees or “limbing” for a view — within a wetland or floodplain, the 100-foot buffer zone of a wetland, or within 200 feet of perennial (flowing year round) steams and rivers, they must receive approval under the state Wetlands Protection Act. This can be initiated through contacting the Division of Natural Resources office for guidance as to how to proceed.
The commission is composed of five volunteer residents appointed by the town manager with approval by the Board of Selectmen, and supported by the Division of Natural Resources staff. Each term is three years and each Commissioner may serve a maximum of two terms.
Presently, commissioners are Chairman Al Easterday, Monty Lovejoy, Jamie Bemis, Steve Verrill and George Lewis. The natural resources director is Delia Kaye, assistant director is Katie Holden and Cindy Gray is the administrative assistant. Tom Hughes is the newly hired natural resources planner.
Wetlands violations, which include illegal or unpermitted work within a wetland or its buffer zone, are serious offenses both from a town and state perspective. If a homeowner has any questions as to the proximity of their intended work to a wetland, please contact the Division of Natural Resources. Natural Resources staff regularly schedule site visits with homeowners to clarify potential wetlands issues and requirements for permit filing.
The commission generally meets the first and third Wednesday of the month at 7 p.m. under the Open Meeting Law, primarily to review wetlands filings. The deadline for submission of information to be reviewed by the commission is the Wednesday before the relevant meeting. Call ahead to confirm meeting dates as they are subject to change: 978-318-3285. The Division of Natural Resources is at 141 Keyes Road. Office hours are Monday through Friday, 8:30 a.m. to 4:30 p.m.
Jamie Bemis is a Concord resident and member of the Natural Resources Commission.
