According to the Massachusetts Wetlands Protection Act (310 CMR 10.00)
The Wetlands Regulations, 310 CMR 10.57(2), provide that Bordering Land Subject to Flooding is likely
to be significant to flood control and storm damage prevention.
The Wetlands Regulations, 310 CMR 10.57(3), provide that Bordering Land Subject to Flooding is likely
to be significant to the protection of wildlife habitat.
The hydrologic regime, plant community composition and structure, topography, soil composition and
proximity to water bodies and bordering vegetated wetlands of these portions of bordering land subject to
flooding provide important food, shelter, migratory and overwintering areas, and breeding areas for
wildlife. Nutrients from flood waters, as well as the inundation of floodplain soil, create important wildlife
habitat characteristics, such as richness and diversity of soil and vegetation. A great many species require
or prefer habitat which is as close as possible to water and/or has moist conditions, characteristics
generally present on lower floodplains. Similarly, lower floodplains, because of their proximity to water
and vegetated wetlands, can provide important shelter for wildlife which needs to migrate between such
areas, or between such areas and uplands. The "edge" where floodplain habitat borders vegetated
wetlands or water bodies is frequently very high in wildlife richness and diversity. Similar "edges" may be
found elsewhere the lower floodplain, where differences in topography and frequency of flooding have
created varied soil and plant community composition and structure.
Under the Town of Framingham Wetlands Protection Bylaw (Article V, Section 18)
“Except as permitted by the Conservation Commission, no person shall remove, fill, dredge, build upon,
degrade, discharge into or otherwise alter the following resource areas: freshwater wetland, vernal pool,
marsh, wet meadow, bog or swamp; any bank, beach, or flat; any lake, river, pond, or stream: any land
under said waters; any land subject to flooding: Riverfront Area; or land subject to inundation by surface
water during the 100 year event. Said resource areas shall be protected whether or not they border surface
waters. The Commission may establish a no work/no alteration zone as appropriate to each application.”
“Work within these resource areas area likely to have a significant effect upon values and functions
including, but not limited to, the following: public or private water supply, groundwater, storm damage
prevention, flood control, erosion and sedimentation control, water pollution prevention, fisheries, wildlife,
wildlife habitat, passive recreation, aesthetics, agriculture, and aquaculture (collectively, the "interests and
values protected by this Bylaw").”
Section 18.11 States “The Conservation Commission shall have the authority to enforce this bylaw, its
regulation, and permits issued thereunder by violation notices, administrative order, and civil and criminal
court actions… Any person who violates any provision of this bylaw, or permits issued thereunder, shall
be punished by a fine of not more than $300.00 each day or portion thereof during which a violation
continues shall constitute a separate offense, and each provision of the bylaw, or permit violated shall
constitute a separate offense.
As the alternative to criminal prosecution, the Conservation
Commission may elect to utilize the non-criminal disposition procedure set forth in M.G.L. Ch. 40, s.21D.”