MACC Invasive Species Front Page
Introduction to Invasive Plants
Conservation Commission Jurisdiction of Invasive Plants
I.D., Ecology and Control of Invasive Plants
Site Invasive Plant Restoration and Replanting
Funding for Invasive Plant Control
Discuss Invasive Plants On-Line
 

Legal Overview

Conservation Commissions are charged with administering the 1972 Wetlands Protection Act (G.L. Ch. 131 §40). Local bylaws and ordinances may give Conservation Commissions further power to protect wetlands and buffers to wetland resource areas.

Overall, the Wetlands Protection Act and virtually all wetlands bylaws and ordinances prohibit the “alteration” of wetland resource areas without a permit. Because the introduction of invasive species can alter the ecology of resource areas (by changing the plant and wildlife composition, shading and temperature regimes, and the erodability of slopes, among other things), Conservation Commissions have the authority to regulate any activity that may introduce invasive species to a site or lead to further spreading of existing invasive species populations.

 

Permit Review
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Avoid Introduction
Conservation Commissions are charged with ensuring that projects avoid intentional establishment of invasive plants by prohibiting planting of such species.

  • They may place conditions on projects to avoid unintentional introduction through disturbance-based activities such as soil disturbance or manipulating light levels in forest communities. For sample special conditions that can be included in wetlands orders, please click here.
  • They should encourage invasive plant management as beneficial mitigation for other proposed activities.
  • They may require that applicants, who have introduced invasive plants on their respective property, control those plants when they pose a significant threat to resources protected under the Wetlands Protection Act.

How do Commissions issue permits for control?
Removing and controlling invasive plants in jurisdictional areas under the WPA are permitted under 310 CMR 10.53(4) for the purpose of improving the natural capacity of a resource area.

Permits for invasive plant management in upland areas (e.g., buffer zone) can be granted through the issuance of an order of conditions, or in some cases Commissions may issue a negative determination of applicability (through the RDA process) if they feel that the project is not subject to further regulation. Additionally, some Commissions have an expedited “administrative approval process” for projects which will further the interests of the WPA and improve wildlife habitat.

Permitting the control of invasive aquatic plants depends on the type of project.

The Massachusetts Department of Environmental Protection endorses the issuance of a Negative Determination of Applicability for the control of pioneer infestations using hand pulling or benthic barriers in accordance with the procedures specified by DCR’s Weed Watchers Program

Control of pioneer infestations requiring herbicides in aquatic habitats should be proposed under a Notice of Intent (NOI).

 

Recommendations for Permit and Project Review
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Evaluate Site. Require applicants to identify the invasive plants that are found on, or nearby, the project site. Commissioners may need to review invasive plant traits.

Identification, Ecology, and Control of Invasive Plants

for more information on the importance of plant traits.

Limit Disturbance. Review the site and project plan for areas that are likely to be disturbed. Common types of disturbance include:

  • The removal or damage of existing vegetation
  • An increase in sunlight
  • Soil disturbance/deposition
  • Increased edge effect (i.e. newly created edge between
    open and dense vegetation)

The goal should be to prevent, minimize, or mitigate disturbances that create conditions ripe for invasive species to colonize or spread. The following recommendations can help achieve that goal:

Limit Unintentional Plant Introductions. Anticipate likely vectors for invasive plants. Require that clean fill is used, machines be washed and weed-free alternatives to hay bales be used for erosion control. Do not allow fill from an infested area of the jobsite to be spread around.

Limit Introductions Through Landscaping. Review proposed planting lists for listed invasive plants. The Massachusetts Department of Agricultural Resources has enacted a ban on invasive plant species. Lists of native alternatives can
be found at: MDAR list

Encourage Long-Term Management. Request a long-term management plan. Conservation Commissions need to see that applicants have realistic, long-term plans for control (and subsequent native plant restoration). Certain Commissions have required applicants to provide multi-year land management plans.


Conservation Land Management
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Conservation Commissions have management authority over the municipal Conservation Lands in their town. Many of these properties currently have invasive plant populations or are under threat from new invasions. Commissions should evaluate these properties using the same ecological criteria used for reviewing permit applications. (See Recommendations for Permit and Project Review, above.) After evaluation, Commissions may decide to initiate invasive plant control and restoration projects on these properties in order to protect important plant communities. Commissions should file and process their own Notice of Intent (NOI) before starting work.

Multi-year management plans should also be developed to help coordinate effective control and restoration work. The basic elements of a sound invasive plant management plan include:

  • Clarifying the management goals
  • Surveying native and invasive population
  • Prioritizing control efforts
  • Establishing a monitoring protocol.

For help developing management plans please visit:

Sample Management Plan Developed by a Commission



Organizing Volunteers
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Conservation Commissions have limited time for hands-on management of Town Conservation Lands.