Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Inland Wetlands › Section 10.57 - Land Subject to Flooding (Bordering and Isolated Areas)

Current through Register 1525, July 5, 2024
(1)
Preamble
.
(a)
Bordering Land Subject to
				Flooding
:
1. Bordering Land
				Subject to Flooding is an area which floods from a rise in a bordering waterway
				or water body. Such areas are likely to be significant to flood control and
				storm damage prevention.
2.
				Bordering Land Subject to Flooding provides a temporary storage area for flood
				water which has overtopped the bank of the main channel of a creek, river or
				stream or the basin of a pond or lake. During periods of peak run-off, flood
				waters are both retained (i.e., slowly released through evaporation and
				percolation) and detained (slowly released through surface discharge) by
				Bordering Land Subject to Flooding. Over time, incremental filling of these
				areas causes increases in the extent and level of flooding by eliminating flood
				storage volume or by restricting flows, thereby causing increases in damage to
				public and private properties.
3.
				Certain portions of Bordering Land Subject to Flooding are also likely to be
				significant to the protection of wildlife habitat. These include all areas on
				the ten year floodplain or within 100 feet of the bank or bordering vegetated
				wetland (whichever is further from the water body or waterway, so long as such
				area is contained within the 100 year floodplain), and all vernal pool habitat
				on the 100 year floodplain, except for those portions of which have been so
				extensively altered by human activity that their important wildlife habitat
				functions have been effectively eliminated (such "altered" areas include paved
				and gravelled areas, golf courses, cemeteries, playgrounds, landfills,
				fairgrounds, quarries, gravel pits, buildings, lawns, gardens, roadways
				(including median strips, areas enclosed within highway interchanges,
				shoulders, and embankments), railroad tracks (including ballast and
				embankments), and similar areas lawfully existing on November 1, 1987 and
				maintained as such since that time).
The hydrologic regime, plant community composition and
				  structure, topography, soil composition and proximity to water bodies and
				  bordering vegetated wetlands of these portions of bordering land subject to
				  flooding provide important food, shelter, migratory and overwintering areas,
				  and breeding areas for wildlife. Nutrients from flood waters, as well as the
				  inundation of floodplain soil, create important wildlife habitat
				  characteristics, such as richness and diversity of soil and vegetation. A great
				  many species require or prefer habitat which is as close as possible to water
				  and/or has moist conditions, characteristics generally present on lower
				  floodplains. Similarly, lower floodplains, because of their proximity to water
				  and vegetated wetlands, can provide important shelter for wildlife which needs
				  to migrate between such areas, or between such areas and uplands. The "edge"
				  where floodplain habitat borders vegetated wetlands or water bodies is
				  frequently very high in wildlife richness and diversity. Similar "edges" may be
				  found elsewhere the lower floodplain, where differences in topography and
				  frequency of flooding have created varied soil and plant community composition
				  and structure.
Finally, vernal pool habitat is found at various locations
				  throughout the 100 year floodplain, the pool itself generally formed by meander
				  scars, or sloughs left after the main water channel has changed course. These
				  pools are essential breeding sites for certain amphibians which require
				  isolated areas that are generally flooded for at least two continuous months in
				  the spring and/or summer and are free from fish predators. Most of these
				  amphibians remain near the breeding pool during the remainder of their
				  lifecyle. Many reptiles, birds and mammals also feed here.