Wetlands & Floodplains

Wetlands & Floodplains (13)

Can a Conservation Commission Approve a Project Under the State Wetlands Act But Disapprove It Under a Local Bylaw?

Written by Nathaniel Stevens, Esq. / Published Tuesday, 26 November 2024 14:53

A commonly asked question and a conundrum for many is whether and how a conservation commission can approve a project under the state Wetlands Protection Act, G.L. c. 131, § 40 (the “WPA” or “Act”), while at the same time disapprove the project under a local wetlands protection bylaw or ordinance.

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Wetlands & Floodplains

Nathaniel Stevens to Present Workshop on Considerations in Permitting Artificial Turf Fields

/ Published Monday, 12 February 2024 13:16

Partner in the firm Nathanial Stevens will present, with other experts, a workshop on the science and analyses used to evaluate artificial turf field projects in and near wetland resource areas and buffer zones.

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Wetlands & Floodplains

WOTUS OVERTURNED BY SCOTUS: Sackett v. EPA Redefines What is a Federal Wetland

Written by Gregor I. McGregor, Esq. / Published Friday, 09 June 2023 14:52

On May 25 the United States Supreme Court, ruling in the case of Sackett v. EPA, sharply limited the scope of protection for the nation’s waters under the federal Clean Water Act (CWA). The Court redefined the CWA’s coverage of “waters of the United States” which had been hotly contested since the Court’s previous decision on point and EPA’s regulatory expansion of what adjacent wetlands are included.

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Wetlands Protection Act

Wetlands & Floodplains

Representing Clients on Wetlands Permits & Determinations Before Conservation Commissions: Make the Tactical and Strategic Choices for Success

Written by Gregor I. McGregor, Esq. / Published Friday, 27 January 2023 15:11

Live WebcastDate: February 7, 2023Time: 9:30 AM CLICK HERE TO REGISTER >> Learn about the substantive laws that govern your client's applications, such as the: Wetlands Protection Act and municipal bylaws; Home Rule principles and preemption; Open Meeting Law rules (for live, remote, and hybrid); and related federal and state permits and licenses.

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Bridge pilings visible between Moon Island and Long Island, Boston, MA.

Wetlands & Floodplains

Supreme Judicial Court Instructs Conservation Commissions on Home Rule Wetland Protection Power: Use It or Lose It

Written by Gregor I. McGregor, Esq. / Published Thursday, 25 August 2022 15:16

The Appeals Court in 2016 had taught the lesson well, but many boards, attorneys and clients apparently missed that class, so the Supreme Judicial Court has instructed us again, this time in a masterclass.

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Allen's Harbor Inlet aka "Oyster Creek".

Wetlands & Floodplains

21-Day Timing Provisions in the Wetlands Act Are Obligatory and Pre-Empt Local Wetland Bylaws

Written by Gregor I. McGregor, Esq. / Published Thursday, 14 April 2022 11:08

Local wetlands bylaw (or ordinance) jurisdiction over projects in and near resource areas depends on Conservation Commission compliance with the 21-day deadlines for commencing public hearings and issuing decisions on Notices of Intent (NOI). Indeed, you may safely regard those timing provisions in the state Wetlands Protection Act (the Act) as binding on the Commission, with failure to meet them potentially fatal to any decision the Commission may render.

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Wetlands & Floodplains

Boston Enacts Wetlands Protection Ordinance to Address Climate Change

Written by Nathaniel Stevens, Esq. / Published Tuesday, 24 December 2019 11:15

On December 23, 2019, the City of Boston joined the almost two-thirds of the Commonwealth’s 351 municipalities in having more stringent requirements for work in and near wetlands, waterbodies, and floodplains. Unlike many of those other municipalities, the explicit purpose of Boston’s wetlands ordinance is to address climate change, through adaptation and building resiliency.

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Wetlands & Floodplains

Appeals Court Sets Limit on Wetlands Enforcement and Cautions on Imposing Fines

Written by Nathaniel Stevens, Esq. / Published Thursday, 15 June 2017 14:11

A conservation commission may want to enforce the Wetlands Protection Act (hereinafter, the “Act”) and its wetland bylaw or ordinance (hereinafter, “bylaw”) against a project that was built a while ago without commission approval. The impetus might be a tip from a resident or new observation by a commissioner or agent. A recent decision of the Massachusetts Appeals Court provides important guidance and useful reminders.

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Wetlands Protection Act

Wetlands & Floodplains

Understanding Home Rule Wetland Bylaws and Conservation Commission Decision Making

Written by Nathaniel Stevens, Esq. / Published Thursday, 16 February 2017 11:36

The Appeals Court in Parkview Electronics Trust, LLC v. Conservation Commission of Winchester, 88 Mass. App. Ct. 833 (2016), reinforced the well-established principle that a local conservation commission can have regulatory authority under a wetlands bylaw or ordinance (hereinafter “bylaw”) that is independent from, and in addition to, its authority under the state Wetlands Protection Act (“Act”).

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Wetlands & Floodplains

Appeals Court Reaffirms Conservation Commissions’ Dual Authority

Written by Nathaniel Stevens, Esq. / Published Monday, 26 January 2015 13:02

The Appeals Court in Parkview Electronics Trust, LLC v. Conservation Commission of Winchester, 88 Mass. App. Ct. 833 (2016), recently rejected a challenge to the well-established principle that a conservation commission can have regulatory authority under a local wetlands bylaw or ordinance that is independent from, and in addition to, its authority under the state Wetlands Protection Act (“Act”). This is so as long as a commission relies on a provision of its local wetlands law that is more stringent than the Act and complies with the timeframes set forth in the Act. Otherwise a commission risks having its decisions…

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Wetlands Protection Act

Wetlands & Floodplains

Without Clearly Defined Performance Standards, A Local Wetlands Ordinance or Bylaw May Be Worthless

Written by Luke H. Legere, Esq. / Published Monday, 09 December 2013 16:14

The Massachusetts Appeals Court’s decision in Tremont Redevelopment Corporation v. Conservation Commission of Westwood, 73 Mass. App. Ct. 1127 (2009), provides guidance for municipalities concerned about the limits of Home Rule for local wetland protection ordinances or bylaws. The Court applied the Home Rule Doctrine in light of several prior decisions1 and ruled that the Westwood Conservation Commission’s disapproval of a project under its Wetlands Protection Bylaw was invalid.2

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Wetlands Protection Act

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