(c) NOTIFICATION OF NON- SIGNIFICANCE. A written finding by the Conservation Commission that the area on which proposed work is to be done, or which the proposed work will alter, is not significant to any of the Resource Area Values of the ordinance.
EXTENDED RIVERFRONT AREA. See Riverfront Area.
EXTREME WEATHER EVENT. Weather at the extremes of the historical distribution lying in the outermost 10% of city weather history, including, but not limited to, heat and humidity, droughts, winds and microbursts, blizzards and ice storms, rain and hail, fire, tornadoes, thunderstorms, hurricanes and tides affected by weather.
FEDERAL EMERGENCY MANAGEMENT AGENCY (“FEMA”). The federal Agency responsible for administering the National Flood Insurance Program. FEMA provides a nation- wide flood hazard area mapping study program for communities as well as regulatory standards for the development in the flood hazard areas.
FILL. To deposit any material so as to raise the elevation of land surface or ground, either temporarily or permanently or to deposit any material in any resource area covered by this Section so as to impair the resource values of the area.
FLOOD CONTROL. The prevention or reduction of flooding and flood damage, both as currently expected to occur and as projected to occur based on the best available data regarding the impacts of climate change.
FLOOD INSURANCE RATE MAP (“FIRM”). An official map of Boston on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to Boston.
FOOTPRINT. The total square feet within the outermost dimensions of a building or structure including decks, porches, roofs, overhangs and staircases without deduction for hallways, stairs, closets, thickness of walls, columns or other features.
FRESHWATER WETLANDS. The types of freshwater wetlands are wet meadows, marshes, swamps, bogs and vernal pools. These include bordering vegetated wetlands (i.e., bordering on freshwater bodies such as on creeks, rivers, streams, ponds and lakes), and isolated vegetated wetlands which do not border on any permanent water body. FRESHWATER VEGETATED WETLANDS are areas where soils are saturated and/or inundated such that they support wetland indicator plants. The groundwater and surface water hydrological regime, soils and the vegetational community which occur in each type of freshwater wetlands, including both bordering and isolated vegetated wetlands, are defined under this Section based on M.G.L. Chapter 131, Section 40.
GREEN INFRASTRUCTURE. Projects and practices incorporating the natural environment or engineered systems that provide or supplement natural processes or work in concert with natural systems to provide flood, fire or drought risk reduction, or clean water or air benefits. GREEN INFRASTRUCTURE practices protect, restore, augment or mimic ecological processes.
GROUNDWATER. All subsurface water contained in natural geologic formations or artificial fill including soil water in the zone of aeration.
IMPACTS OF CLIMATE CHANGE. Include without limitation: extreme heat; the timing, frequency, intensity and amount of precipitation, storm surges and rising water levels; increased intensity or frequency of storm events or extreme weather events; and frequency, intensity and duration of droughts.
IN or WITHIN. In, through, under, over, cantilevered over. With respect to structures, IN is measured from the drip-line of the roof or foundation or footing, whichever is closer to the resource area.
INLAND FLOOD RESILIENCE ZONE (“IFRZ”). The area of land beyond the current boundary of land subject to flooding that the Commission determines has a reasonable probability of flooding as the strength, duration or frequency of precipitation events increase within approximately the next 50 years. The INLAND FLOOD RESILIENCE ZONE as delineated on maps adopted by the Commission may be reviewed and revised by the Commission as more accurate information and precipitation projections become available.
INTERMITTENT STREAM. See definition of Stream.
ISOLATED LAND SUBJECT TO FLOODING. An isolated depression or closed basin without an inlet or an outlet. It is an area which at least once a year confines standing water to a volume of at least ¼ acre-feet and to an average depth of at least 6 inches.
ISOLATED VEGETATED WETLAND. A freshwater wetland, of at least 1,000 square feet in area that does not border on creeks, rivers, streams, ponds or lakes. The types of ISOLATED VEGETATED WETLANDS may include wet meadows, marshes, swamps and bogs. In addition to the minimum size requirement, ISOLATED VEGETATED WETLANDS must also meet the definition of Bordering Vegetated Wetlands (310 CMR 10.55(2)) with the exception that these wetlands do not border any creeks, rivers, streams, ponds, lakes or other water bodies. The boundaries of ISOLATED VEGETATED WETLANDS are the same as those for Bordering Vegetated Wetlands as defined in 310 CMR 10.55(2)(c).
LAND SUBJECT TO FLOODING OR INUNDATION. The land within the estimated maximum lateral extent of flood water which will result from the statistical 1% annual chance storm. Said boundary shall be determined by reference to the most recently available flood profile data prepared for the city within which the work is proposed under the National Flood Insurance Program (“NFIP”). Where NFIP data are unavailable or deemed by the Commission to be outdated, inaccurate or not reflecting current or reasonably anticipated conditions, the boundary of said land shall be based on the maximum lateral extent of floodwater which has been observed or recorded, or other evidence presented and considered by the Commission. The Commission shall give special consideration to the best available data provided by the city and the commonwealth on expected conditions due to climate change. Said land shall also include isolated areas which frequently or seasonably hold standing water to a volume of at least ¼ acre-feet and to an average depth of at least 6 inches; such areas may or may not be characterized by wetland vegetation or soil characteristics.
LAND UNDER OCEANS AND ESTUARIES. Land extending from the mean low water line seaward to the boundary of the municipality’s jurisdiction and includes land under estuaries.
LAND UNDER WATERBODIES AND WATERWAYS. The land beneath any creek, river, stream, pond or lake.
LOT. An area of land in one ownership, with definite boundaries. When an area of land is comprised of more than one lot, the lots share a common boundary and are owned or controlled by the same entity or individual(s), and the lots combined are used for the same purpose or enterprise, the Commission may consider the lots as a single merged lot for the purposes of applying provisions of this Section.
MARSH. See definition for Freshwater Wetlands.
NOTICE OF INTENT. The written notice filed by any person intending to remove, fill, dredge, build upon, degrade, discharge into or otherwise alter an area subject to protection under the commonwealth’s Wetlands Protection Act, M.G.L. Chapter 131, Section 40, or the ordinance, or both.
ORDINANCE. This Section of the Boston Municipal Code.
PERMIT. The document issued by the Conservation Commission pursuant to this Section which allows work in accordance with conditions set by the Commission in the resource areas protected by this Section.
PERMIT DENIAL. The document issued by the Conservation Commission pursuant to the ordinance which disallows proposed work.
PERSON. Any individual, group of individuals, associations, partnerships, corporations, business organizations, trust, estate, the commonwealth or political subdivision thereof, any public or quasi-public corporation or body or any other legal entity, including the city or its legal representatives, Agents, successors or assigns.
PLANS. Such data, maps, engineering drawings, calculations, specifications, schedules and other materials, if any, deemed necessary by the Conservation Commission regarding the site and/or proposed work, current conditions and projected impacts of climate change on the resource areas and their functions, to determine the applicability of the ordinance or to determine the impact of the proposed work upon the resource area values identified in the ordinance.
POND. Any open body of fresh water, of a minimum of 5,000 square feet in size, meeting the definition of 310 CMR 10.04.
PREVENTION OF POLLUTION. The prevention or reduction of chemicals (including without limitation nutrients, hydrocarbons, solvents, metals, vapors) determined to cause harm to humans, plants or animals via exposure to any media (e.g., air, water, soil, sediment).
PRIVATE WATER SUPPLY. Any source or volume of surface or groundwater demonstrated to be in any private use or shown to have potential for private use for domestic purposes.
PROJECT LOCUS. The lot on which an applicant proposes to perform an activity subject to regulation under the ordinance.
PROJECT SITE. The area within the project locus that comprises the limit of work for activities, including, but not limited to, the dredging, excavating, filling, grading, the erection, reconstruction or expansion of a building or structure; the driving of pilings; the construction or improvement of roads or other ways; and the installation of drainage, stormwater treatment, environmentally sensitive site design practices, sewage and water systems.
PROTECTION OF WILDLIFE. The protection of any plant or animal species, including, but not limited to, those listed as endangered, threatened or special concern or on the Watch List by the commonwealth’s Natural Heritage Program; listed as Federally Endangered or Federally Threatened by the United States Fish and Wildlife Service; deemed locally threatened, in writing, by the Conservation Commission. PROTECTION OF WILDLIFE for the purposes of this Section means protection of natural habitat and the capacity of any resource area to adequately provide food, breeding habitat, shelter or escape cover, for species falling within the definition of wildlife set forth in the ordinance.
REQUEST FOR DETERMINATION OF APPLICABILITY. A written request made by any person to the Conservation Commission for a determination as to whether a site or work thereon is subject to the ordinance.
RESILIENCE. The ability to minimize the negative impacts of climate change and other natural hazards; to build capacity of a resource area to minimize negative impacts of climate change.
RESOURCE AREA. Each area subject to protection under the ordinance and which is listed in the ordinance.
RESOURCE AREA ENHANCEMENT. Removal or management of invasive species; removal of debris, garbage or trash; restoration and/or stabilization of bank or other resource area; planting or management of non-invasive species of vegetation; prevention of the generation of stormwater and non-point source pollution by reducing impervious surfaces; minimizing disturbance; protecting natural features and processes; enhancing wildlife habitat; or other techniques that advance the Resource Area Values of this Section as the Commission may, from time to time, see fit to define.
RIVER. Any natural flowing body of water that empties to any ocean, lake, pond, reservoir, stream or other river.
RIVERFRONT AREA. The area of land between the mean annual high water line and a parallel line measured 25 feet horizontally landward of the mean annual high water line of any river, stream, brook or creek, except for areas the Commission may designate as extended riverfront areas, in which the RIVERFRONT AREA may be extended up to 200 feet.
SALT MARSH. A coastal wetland that extends landward up to the highest high tide line, that is the highest spring tide of the year and is characterized by plants that are well adapted to, or prefer living in, saline soils. A SALT MARSH may contain tidal creeks, ditches and pools.
SEA LEVEL RISE (“SLR”). The rise in sea level over time.
STORM DAMAGE PREVENTION. The prevention of damage caused by water from storms, as currently occurs and is predicted by best available data to occur from the impacts of climate change, including, but not limited to, erosion and sedimentation, damage to vegetation, property or buildings or damage caused by flooding, waterborne debris or waterborne ice.
STREAM. A body of running water, including brooks and creeks, which moves in a definite channel in the ground due to hydraulic gradient, and includes streamlets and rivulets. A portion of a STREAM may flow through a culvert or beneath a bridge. Such a body of running water which does not flow throughout the year (i.e., which is intermittent) is a STREAM.
SWAMP. See definition for Freshwater Wetlands.
TIDAL FLAT. Coastal wetlands that form in intertidal areas where sediments have been deposited by tides or rivers.
VERNAL POOL.