Massachusetts Temporary Right of Entry to Conduct Environmental Studies
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FAQ
If you want to work in a wetland resource area or within 100 feet of a wetland (an area called the buffer zone), contact the conservation commission before you start work.
The Massachusetts Environmental Policy Act (MEPA) requires that state agencies study the environmental consequences of their actions, including permitting and financial assistance. It also requires them to take all feasible measures to avoid, minimize, and mitigate damage to the environment .
[1] No person shall remove, fill, dredge or alter any bank, riverfront area, fresh water wetland, coastal wetland, beach, dune, flat, marsh, meadow or swamp bordering on the ocean or on any estuary, creek, river, stream, pond, or lake, or any land under said waters or any land subject to tidal action, coastal storm ...
The lesson, says Perry, is that home builders who tamper with even small wetlands can have big problems. The trouble Perry uncovers should never take place. Wetlands are superb at purifying polluted water, replenishing aquifers and harboring wildlife. But they are almost always terrible places to build houses.
Under the Act no one may ?remove, fill, dredge, or alter? any wetland, floodplain, bank, land under a water body, land within 100 feet of a wetland, or land within 200 feet of a perennial stream or river (25 feet of a few urban rivers), without a permit (known as an Order of Conditions) from the local conservation ...
Some example of exempted activities include management of existing field edges, squaring off fields and bogs, construction of farm structures (not including habitable dwellings), etc.
Chapter 91: An Overview and Summary The oldest program of its kind in the nation, Chapter 91 regulates activities on both coastal and inland waterways, including construction, dredging and filling in tidelands, great ponds and certain rivers and streams.
Once an Order of Conditions (permit) is issued by the Conservation Commission, the Harbormaster (Chief of Police) may issue a yearly permit for seasonal and/or floating docks. However, the Massachusetts Department of Environmental Protection (DEP) issues licenses for docks with pilings (Chapter 91 license).
