The Wetlands Protection Act M.G.L. c.131, s.40 and regulations 310 CMR 10.00 protect rare animal species by prohibiting alterations that would have short or long term adverse effects on the wetland habitats of rare wildlife species. The regulations require that proposed alterations to wetland habitats of rare wildlife be reviewed by the Natural Heritage & Endangered Species Program.
To screen for potential impacts to rare wetland wildlife habitat, the Natural Heritage & Endangered Species Program has developed town maps of Estimated Habitats of Rare Wildlife. These maps show habitat for documented occurrences of rare wetlands wildlife within the last 25 years. Estimated Habitat maps are available from your local Conservation Commission, are published in the Natural Heritage Atlas (see Publications for Atlas ordering information), and are available at Mass GIS . For more information about Estimated Habitats, click HERE.
WPA Filing
If a project is within Estimated Habitat of Rare Wildlife and a Notice of Intent (NOI) is required, a copy of the NOI must be sent to the NHESP (no later than the date of filing of the NOI with the Conservation Commission) for review. Notice of Intent forms can be found on Department of Environmental Protection website. Proponents will also need to file under MESA, unless a project qualifies for a MESA exemption. If the project is exempt from MESA review, proponents should be aware that a copy of the Notice of Intent must still be provided to the NHESP. You may be requested to survey for rare species. Rare Species Habitat Assessments, Botanical Survey Protocols and Mussel Transplant Protocols can be found HERE.
As specified in the Wetlands Protection Act Regulations, (310 CMR 10.37, 10.58(4)(b), and 10.59), the NHESP will respond within 30 days of receipt of a complete Notice of Intent filing. The response letter to the local Conservation Commission will provide a determination of whether or not the area to be altered by a proposed project is actual wetland Resource Area habitat for a state-listed rare wildlife species. The NHESP will also determine whether the proposed project will have an adverse effect on the actual habitat of rare wildlife. The NHESP response letter may contain conditions that must be adhered to in order to avoid an adverse effect to rare species habitat, or recommendations for revising the project prior to resubmission. The conservation commission may not issue an Order of Conditions for a project in Estimated Habitat until the NHESP has provided a determination letter. According to the regulations, the conservation commission shall presume the opinion of the NHESP to be correct. If the NHESP requires conditions or project modifications in order to prevent an “adverse effect,” then these conditions must be included in the Order of Conditions. In such cases, a copy of the Order of Conditions must be mailed to the NHESP upon issuance.
Natural Heritage & Endangered Species Program
Regulatory Review
Massachusetts Division of Fisheries & Wildlife
North Drive , Westborough , MA 01581
Phone: (508) 389-6360 Fax: (508) 389-7891
Department of Environmental Protection Wetlands
Massachusetts Association of Conservation Commissions
Questions may be directed to the NHESP Environmental Review Assistant at (508) 389-6380.
Last updated:1/16/07
