06- 096 C.M.R. ch. 310, § 6

Current through 2024-51, December 18, 2024

Section 096-310-6 - Wetland Compensation Standards

Where compensation is required, the following standards apply:

NOTE: If the department's requirements for compensation are otherwise met, additional areas of compensation required by U.S. Army Corps of Engineers do not also have to meet the department's requirements for compensation.

A.Expertise. The applicant shall demonstrate sufficient scientific expertise to carry out the proposed compensation work.

B.Financial Resources. The applicant shall demonstrate sufficient financial resources to complete the proposed compensation work, including subsequent monitoring and corrective actions.

C.Persistence. For restoration, enhancement and creation projects, on the basis of an updated functional assessment, a minimum of 85% of the compensation area must successfully replace the altered wetland's functions after a period of three years unless otherwise approved by the department. If this level is not achieved, or if evidence exists that the compensation site is becoming less effective, the department may require additional monitoring and corrective action, or additional wetland restoration, enhancement or creation in order to achieve the compensation ratio as originally approved.

D.Monitoring. The applicant shall set forth a plan for interim reporting and remediation measures during monitoring of the restored or created wetland over a minimum of five years, which shall include contingency plans for replanting, contouring or other corrections if the project fails to meet project goals during that time.

E.Maintenance. A compensation project that will naturally maintain itself without active intervention is preferred. However, the permittee may be required to conduct activities to assure continuation of the wetland, or the accomplishment of compensation goals, after a compensation project has been technically completed. Such activities may include, but are not limited to, water level manipulations and control of non-native plant species.

F.Protection

(1) A compensation project involving restoration, enhancement or creation must provide for covenant and restriction or a conservation easement conveyed to a qualified holder that requires maintenance of the area as a coastal wetland, freshwater wetland or great pond in perpetuity. The conservation easement must list the department as an enforcing agent. Regardless of the size of the compensation area, any future alterations in, on or over it must be approved by the department.

(2) A compensation project involving preservation must provide for a conservation easement conveyed to a qualified holder or covenant and restriction so that the parcel will remain undeveloped in perpetuity. The easement must list the department as an enforcing agent. Compensation areas may be deeded to local or state conservation groups or agencies, but any land management practices must be approved by the department.

G.Source of Water (Creation Only). For a creation project, the department prefers that the created wetland be located adjacent to an existing wetland or waterbody.

H.Implementation Schedule. A schedule for implementing the compensation plan must be submitted. Generally, compensation will be required to be completed prior to, or concurrent with, the permitted alteration. For on-going or long-term alterations, such as mining, compensation must be completed no later than within the first year of operation unless otherwise approved by the department.

06- 096 C.M.R. ch. 310, § 6