Town of Ipswich

Wetlands Protection By-Law Amendment Statement
David Standley

With the adoption of the Stormwater Bylaw in 2008 Ipswich took a major step toward further protection of its shellfish resource, water resources, and minimizing flooding; and to comply with Federal requirements. That program was further advanced by the adoption by the Board of Selectmen of storm water management regulations to be implemented by the Department of Public Works. As anticipated by the passage of the Stormwater Bylaw the Conservation Commission has amended its wetlands protection Rules and Regulations to incorporate the same provisions regarding applicability, requirements and standards as are included in the Stormwater Management Regulations.
Incorporated in the 2008 Stormwater Bylaw are provisions to avoid the possibility of two permits from two agencies being required for the same activity on the same lot by the same applicant ("duplicative permitting"). Thus, if a project requires approval by the Conservation Commission or Planning Board, it does not require a Stormwater Management Permit from the DPW. However, in incorporating that provision in the Stormwater Bylaw a strict limitation embodied in the State Wetlands Protection Act and the Ipswich Wetlands Protection By-Law on the geographic jurisdiction of the Conservation Commission was not recognized nor addressed in the Stormwater Bylaw. By those laws, the Conservation Commission can only regulate activities located within its wetlands jurisdictional areas.
Thus, if the area of a proposed land alteration project is located both within and outside of the Commission's jurisdiction the project could require both a Conservation Commission Order of Conditions and a DPW Stormwater Management Permit. This contravenes the intent of the Stormwater Bylaw to avoid duplicative permitting. We propose, in consultation with Town Counsel, a simple fix. Amend the Wetlands Protection By-Law so that with respect to such projects and solely for stormwater management purposes the jurisdiction of the Commission would extend to the entirety of the proposed land alteration area on the lot.
To that end we ask the Board of Selectmen to include in the Warrant for the 2010 Special Town Meeting the attached Article.