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Scope of Maintenance Work

Restoration Guidelines

CMMCP will not perform any construction work, including creation of ditch systems or ponds that do not currently exist in wetlands, installation of culverts, roadway work, etc.

CMMCP will not be responsible for construction of mitigation measures (BMP’s) to treat nonpoint source run-off. CMMCP supports the use of BMP’s for water quality, and will be willing to assist in determination of need for stormwater BMP’s, but will not be solely responsible for construction or implementation.

CMMCP can refuse to do restoration work if the presence of the beaver dam renders maintenance in the area infeasible or imprudent. CMMCP will work with local and state departments to determine adverse impacts to property or public health concerns caused by beavers. CMMCP may remove beaver dams on a limited case by case basis. However, the town will be responsible for obtaining BOH and Conservation Commission permits, removing the excavated material from site, and arranging any trapping or beaver control structures for ongoing control. Other features of the site will also be taken into consideration before CMMCP agrees to remove a beaver dam.

CMMCP will not be responsible for identification of water quality issues. CMMCP will notify the DEP and local conservation agencies of all water management work to be performed. It will be the responsibility of the local commissions and DEP to notify CMMCP of any issues with hazardous materials or otherwise sensitive properties that should not be altered. In addition, CMMCP will notify the National Heritage and endangered species program to ensure protection of endangered species habitat. CMMCP will be happy to accompany any representative of an external agency to a maintenance site; however it will be the responsibility of the external agency to notify CMMCP of any outstanding issues that may affect maintenance work prior to commencement of work. CMMCP will not be liable for any work performed in a sensitive area if an external organization was properly informed of the work, with 30 days notice prior to initiation, and the external organization failed to provide relevant information in regards to the existing site condition.

CMMCP will not perform any "special interest work", where it appears that an owner or agency is using the CMMCP to perform ditch work beyond the scope of CMMCP’s guidelines. Issues that CMMCP will not be responsible for alleviating include flooding issues or undersized culverts. CMMCP will not perform work where site features are not conducive to the long-term success of the project. 

Work will not be performed in areas where construction is proposed or proceeding, where litigation is pending, or where there appears to be conflicting interests between property owners or between property owners and authorities. CMMCP will also postpone a restoration project if a property is for sale to allow the new owners the opportunity to decide if they will grant permission for this project.

CMMCP will not engage in any work that is not able to be conducted within its legal guidelines. CMMCP is subject to US Army Corps regulation and certain state laws. CMMCP is exempt from the Massachusetts Wetland Protection Act, but still attempts to work with and respect the wishes of Conservation Commissions.

The ditch restoration work performed by CMMCP is exempt from the Massachusetts Wetland Protection Act, as outlined in the following regulations (click on the links for the full text):

  1. MGL, Chapter 131, Section 40: Removal, fill, dredging or altering of land bordering waters
    1. Subsection 15. "The riverfront area shall not apply to any mosquito control work done under the provisions of clause (36) of section five of chapter five of chapter forty of chapter two hundred and fifty-two or any special act..."
    2. Subsection 24. "The provisions of this section shall not apply to any mosquito control work done under the provisions of clause (36) of section five of chapter forty of chapter two hundred and fifty-two or any special act..."
  2. MGL, Chapter 131, Section 40A: Orders protecting inland wetlands
    1. "No such order shall prohibit, restrict, or regulate the exercise or performance of the powers and duties conferred or imposed by law upon…the state reclamation board of any mosquito control or other project operating under or authorized by chapter two hundred fifty-two."
  3. MGL, Chapter 40, Section 8C: Conservation commission; establishment; powers and duties
    1. "No action taken under this section shall affect the powers and duties of the State Reclamation Board or any mosquito control or other project operating under or authorized by Chapter two hundred fifty-two."

Although the ditch restoration work performed by CMMCP is exempt from the Mass. Wetland Protection Act and Conservation Commission review, CMMCP understands and supports the environmental, ecological, and socioeconomic benefits of the state’s wetlands. The CMMCP notifies DEP and the local conservation commission at least 30 days prior to commencement of every project to allow the agencies the opportunity to survey the sites and provide comment. The CMMCP is committed to working with DEP and the local conservation commissions, and is willing to postpone, alter, or even cancel ditch restoration work if the agencies have justification for doing so.

A Best Management Practices Manual (BMP) is in development and may alter, change or modify the scope of these guidelines.