Photo by Angela Russo - Provincetown

Buffers in Massachusetts: Where Are We Now?

Lealdon LangleyMass DEP

Jurisdictional AreasBuffer Zone = 100 feet from:

• Coastal Wetlands• Beach

• Barrier Beach

• Rocky Intertidal Shore

• Dune

• Bank

• Salt Marsh

• Inland Wetlands• Bank

• Bordering Vegetated Wetlands (Marsh, Bog, Wet Meadow, Swamp)

MA

100’ buffer for bank, BVW, salt marsh, beach dune, tide flat

No buffer for LUW, LUO, BLSF, LSCSF, RA

Riverfront Area is 200’ from MAHW distinguished by inner and outer 100’

All perennial streams are considered “rivers” and have “River Front Area”. Tidal rivers have ”Mouth of River” shown by mapped resource area

vernal pools have vphabitat under WPA. Certified VPs under 401 are ORWs, but have no VP Habitat.

feet0 25 50 75 100 125 150 175 200 225 250 500

Along a “River”No Buffer ZoneExtends 200 Ft from Mean Annual

High Water 25 Ft in Densely Developed

AreasMay Overlap Other Wetland

Resources

Riverfront Area

CROSS-SECTION OF A RIVER

RIVERFRONT AREA200’ OR 25’

Top of Bank

Base Flow

Mean Annual High-Water Line

Buffer Zone = 100 feet from

Coastal WetlandsCoastal Beach

Barrier Beach

Rocky Intertidal Shore

Coastal Dune

Coastal Bank

Salt Marsh

Any activity other than minor activities proposed or undertaken within 100 feet of an area specified in 310 CMR 10.02(1)(a) which, in the judgment of the issuing authority, will alter an Area Subject to Protection is subject to regulation and requires the filing of a Notice of Intent.

Activities Within Buffer Zone

For work in the Buffer Zone subject to review under 310 CMR 10.02(2)(b)3., the Issuing Authority shall impose conditions to protect the interests of the Act identified for the adjacent Resource Area.

• Extent of the work

• Proximity to the Resource Area

• Characteristics of the Buffer Zone, such as the presence of steep slopes, that may increase the potential for adverse impacts on Resource Areas.

Conditions may include limitations on the scope and location of work in the Buffer Zone as necessary to avoid alteration of Resource Areas.

• May require erosion and sedimentation controls during construction

• A clear limit of work

• preservation of natural vegetation adjacent to the Resource Area and/or other measures commensurate with the scope and location of the work within the Buffer Zone to protect the interests of M.G.L. c. 131, § 40.

Where a Buffer Zone has already been developed, the Issuing Authority may consider extent of existing development

Where prior development is extensive, may consider measures such as the restoration of natural vegetation adjacent to a Resource Area. The purpose of preconstruction review of work in the Buffer Zone is to ensure that adjacent Resource Areas are not adversely affected during or after completion of the work.

MA WQS WQ Cert Wetland

Protection

Stream/river

protection

Forests Agriculture Land use/

Stormwater

Wildlife Local

Agency DEP DEP DEP DEP DCR DAR DEP under

WPA

DFG Conservation

Commissions

Authority River Protection

Act

Width 0 0 100’ 200’ with inner

and outer 100’

zones. 25’ in

densely

developed areas

? ? 100’ under

WPA

Same as DEP

Characterization Narrative

Standards -

Slope and

proximity to

wetland

considered

200’ for

perennial

streams except

certain Towns

and other

designated

densely

developed

areas.

Massachusetts - Buffer Protections

What has worked well? • Review of work within 100’ of resource areas that have buffers.

• Riverfront Area

Challenges • Prevention of harm to wetlands from erosion/siltation. • Location of wetland replication areas in buffer zones. • Deciphering Riverfront Area requirements especially

for Previously Developed RA, “Degraded areas” and “Historic Mill Complexes

Opportunities for improvement

• Maintenance/restoration of vegetation within buffer zones.

• Maintaining ecological connection between wetland and upland.