Lakeside laws for you and your landscaper to remember

Massachusetts Wetlands Protection Act

The Massachusetts Wetland Protections Act regulates any activity that involves filling, excavating, or otherwise altering the ecological functions of wetland resource areas, including wetland, streams and lakes. Land use activities that have the potential to impact the functions of wetland resources or are within buffer zones (100 feet of banks or bordering vegetated wetlands) or within the 200-foot riverfront area can only be conducted with permission granted under a wetlands permit, issued by the Stockbridge Conservation Commission. Typical land use activities are those that create permanent buildings or structures, disturb significant amounts of soil or remove significant amounts of natural vegetation. Some waterfront activities are notably exempt from the WPA, such as creating a small pathway from the house to the lake, pruning trees for a vista of the lake, installing a fence (as long as allows small animals to pass underneath or through it), and planting native trees, shrubs and ground cover.

Stockbridge Zoning Bylaws – link to town website

The Lake and Pond Overlay District. In addition to the WPA, the Town of Stockbridge regulates certain land use activities that occur within specific overlay districts. Stockbridge Bowl is one of five lakes that are located within the town’s Lake and Pond Overlay District zoning district, governing land use activities along the lakefront area 150 feet back from the high water mark. This is 50 feet beyond the state’s buffer zone.

Most land use activities require a special permit, including:

• New non-exempt structures or alteration of existing structures (does not include maintenance or repair of existing)
• Roads and driveways
• Non-exempt removal of vegetation (does not include removal of dead or dying trees & vegetation, pruning of vegetation, gardening that does not involve removal of shrubs or trees)
• Excavation and removal of soil or subsoil
• Stormwater prevention, mitigation or drainage

Activities are expressly prohibited within this area are:

• Applications of fertilizers, pesticides and herbicides
• Storage or dumping of waste, junk or refuse
• The relocation of watercourses and removal of soils and subsoils

The bylaw goes on to state that vegetation within 35 feet of the high water mark shall be maintained as an undisturbed natural buffer strip. The general exception to this standard allows for the creation of a contiguous clear-cut opening in the buffer strip for lake access, provided it does not exceed 20% percent of the frontage along the water, and not exceeding 35 feet on any individual lot. The cut should be angled across the lot so as to allow for a view and access, but to reduce runoff. Exceptions to this standard may be made with a special application to the Planning Board, with consultation of the Conservation Commission.Driveways and parking areas within the 150’ zone must be constructed of permeable material.