Massachusetts Wetland Resource Area Annual Tracking Report 2010

In 2005, MassDEP received a Wetland Demonstration Pilot Grant from the Environmental Protection Agency to build a new statewide wetland database (i.e. Wetland Information Resource "WIRe") that would integrate data from permitting, enforcement and aerial photogrammetric wetland loss analyses. The purpose of this project was to improve strategic decision making, improve efficiency in the program, and better protect wetlands overall. This report presents data obtained from WIRe on wetland loss and gain in Massachusetts.

The new WIRe system was/is being built through 4 major projects:

WIRE Adoption Rates

The ability to accurately track wetland losses and gains depends in part on having a high percentage of Applicants and Conservation Commissions file electronically. By doing so, resource alteration and replacement data will automatically populate WIRe. MassDEP has conducted an active outreach program to get Wetland Protection Act stakeholders to register to use eDEP, and to submit permit applications electronically. While the MassDEP will continue to work toward 100 percent electronic submission, the following table describes our success to date.

MassDEP Adoption Rates 2010 (Jan.1, 2010 - Nov. 15, 2010)

Wetland Alteration and Replacement/Restoration

The MassDEP WIRe system tracks resource alteration and replacement areas that are proposed during the permitting process, or that occurs illegally. The disposition of alterations and restoration handled through enforcement actions are tracked in the system. In order to supplement the electronic data obtained during the current reporting period, MassDEP staff has entered resource alteration and replacement data for the majority of the Notices of Intent (NOIs) submitted via hard copy. Resource alteration and replacement data entry from Orders of Conditions (OOCs) has just begun and therefore is not comprehensive and is not included within this report. As a general note, we are finding that many OOCs do not have complete resource alteration data and therefore they may not be a reliable long-term source. Superseding Order of Conditions data (SOC) is also not included within this report.

The resource alteration and replacement data from permitting and enforcement is described below. The mitigation: impact ratios do not add up to 1:1 in all cases and some of the major reasons are as follows:

• Many of the alterations do not involve loss but rather, involve other types of alterations such as vegetation management or bank stabilization where the resource otherwise remains but in an altered condition. WIRe does not distinguish between loss and alteration and consideration should be given to developing a future WIRe enhancement to provide this information.
• Certain alterations (e.g. normal maintenance and improvement of land in agricultural use and utility maintenance projects) are exempt from regulatory review.
• "Limited Projects" (primarily public or otherwise beneficial projects) may contribute to less than 1:1 mitigation since these projects are allowed to be permitted in lieu of regulatory performance standards and mitigation may be waived.
• Many resource areas such as land under water do not require a 1:1 area replacement in the same manner as Bordering Vegetated Wetlands but have different performance standards such as - must maintain the water carrying capacity.

Resource alteration & replacement/restoration 11/15/2009 - 11/15/2010*

* The enforcement Alteration and Restoration figures were reported from WIRe, however they represent only a portion of the C&E cases. Weekly reporting indicates that MassDEP ordered 19.5 acres of resource area, 727 linear ft. of stream bank, and 74 acres of land under water restored in State Fiscal Year 2010. During this period, we have begun phasing in full data entry into WIRe and anticipate that we will be able to reflect complete data from WIRe by the next annual report.

Notices of Intent by Project Type

Wetland Loss Identified by Aerial Photogrammetry Analysis
An updated wetland loss evaluation is currently being uploaded to WIRE and will assist us in identifying permitted versus illegal wetland loss. That analysis will begin soon and will be available in 2011. Since many of the wetland loss polygons identified in the new analysis were permitted prior to the launch of WIRe, they may not be geospatially located in our database and we will use NOI addresses to find associated permits. As a result the evaluation will be more time intensive and therefore, we may only do a sample of towns. The next wetland loss analysis will be substantially more efficient since the majority of projects that may be associated with wetland loss polygons will be geospatially located.

² Numbers include permitted loss which is likely to have been replicated under permitting criteria.
³ This number represents the percentage of the state that has wetland loss evaluations complete. 100% of the state will be complete in 2011.

In 2010 MassDEP assessed and responded to 961 complaints. Of those, 74 involved higher level enforcement resulting in prevention of erosion and sedimentation at 13 sites, restoration of 19.5 acres of resource areas and 727 linear feet of stream bank at 42 sites. Of the cases described, 3 were wetland loss cases identified through aerial photogrammetry and resulted in $130,500 assessed penalties and 1.23 acres of wetlands ordered restored.