§ 237-7. Wetlands replication.

A. 

In order to protect the values inherent in wetland areas, it is the intent of this chapter to preserve wetlands, surface water bodies and other resource areas as functioning natural ecosystems. Filling of wetlands is therefor prohibited except when mitigated by wetlands replication as permitted in this section. At its discretion, the Conservation Commission may permit activities involving wetlands replication that do not harm the wetlands values protected under this chapter.

B. 

Wetlands replication in order to make lands buildable, as by fulfilling septic system setbacks, flood elevation requirements or other construction setbacks, or to achieve lot area requirements, is prohibited. Replication is prohibited in areas providing habitat for existing rare or endangered species as listed by the Massachusetts Natural Heritage Program.

C. 

Replication may be permitted to provide access to otherwise buildable uplands. Replication may also be permitted when an overriding public purpose can be demonstrated. The creation of new wetlands may be permitted, without any concomitant wetlands filling, when the applicant can demonstrate that such creation will not harm existing wetlands or their values. Purposes for creating new wetlands include, but are not limited to, the absorption of stormwater runoff, improvement of wildlife habitat, stabilization of unvegetated intertidal areas, or aesthetic, experimental, or scientific purposes.

D. 

No more than 2,500 square feet of wetland may be filled in accordance with this section. The replicated wetland must be at least equal in size to the wetland that is filled and properly vegetated. Where physically possible, replicated wetlands shall be made contiguous with existing natural wetlands. When a person owns abutting properties, any applications on the properties for wetlands replication submitted within the same calendar year shall be treated as one proposal for the purpose of evaluating wetlands replication, and the combined area to be filled shall not exceed 2,500 square feet.

E. 

Due to the fact that replication is an experimental process and is subject to failure, the Commission may require any applicant requesting permission for wetlands replication to conduct a scientific monitoring program to last for a time period as determined by the Commission, but not to exceed five years. If said monitoring period is less than five years, the Commission shall review the results at the end of the monitoring period to determine if additional monitoring is needed within the maximum five-year period. The applicant shall provide an escrow bond for the duration of the monitoring period plus one year to cover correction of any deficiencies revealed by the monitoring program. Said bond shall, at a minimum, be equal to the initial cost of the replication.