A. Preamble
(1) The Department of Environmental Protection has recognized the value of buffer zones to the protection of wetlands. 310 CMR 10.02 (2) (b) provides that any activity proposed within the buffer zone which, in the judgment of the issuing authority will alter an area protected under the Act is subject to regulation. It is generally agreed, however, that more protection is necessary for the 100’ buffer zone than is provided for in the State Regulations. Since most of the proposed activities coming before the Commission occur in the buffer zone, this new section has been added to define the Commission’s concerns and to set forth measures which must be taken to prevent the detrimental impacts of activities in this area on those wetland values protected by the Orleans Wetlands Protection Bylaw.
(2) These adverse impacts can arise from both construction and from the ultimate use of the project involved. They include, but are not limited to, erosion, siltation, loss of groundwater recharge capability, contamination of water bodies by surface runoff carrying heavy metals such as lead, cadmium, copper and zinc, hydrocarbons such as gasoline and motor oil, pesticides and herbicides, bacteria, viruses, and sediments. Nutrient loading of water bodies results from overuse of lawn fertilizers as well as septic effluent. Wildlife habitat may be lost through introduction of invasive plants or otherwise and aesthetic values compromised.
(3) One method of protecting environmentally sensitive areas is to provide vegetated areas or buffer zones between structures and the resource to be protected. Such buffer zones can filter or absorb many of the pollutants, encourage water recharge, prevent erosion and sedimentation, provide wildlife habitat and help to preserve the aesthetics of our natural shoreline.
(4) Vegetation in the entire 100-foot buffer acts to prevent pollution of groundwater and surface water, functions as erosion control and wildlife habitat, and provides aesthetic improvement. Buffer zones, due to their plant community composition and structure, hydrologic regime or other characteristics that provide important food, shelter, migratory or over-wintering areas or breeding areas for wildlife are presumed to be significant to the protection of wildlife habitat. Buffers around vernal pools are especially important as the adult stages of the amphibians using the pools are generally found within 300 feet of the pool. Trees and shrubs provide important screening of buildings from public areas. Vegetation in the 100-foot buffer also reduces the velocity and the nutrient content of the run off, which protects the water body.
(5) Buffer zones are often compromised by existing structures, or roadways. The remaining buffer is especially important to protect the interests under the Act.
