What activities are prohibited in wetlands, riverfront lands and other resource areas?

Under the Act no one may “remove, fill dredge or alter” any wetland, floodplain, bank, land under a water body, land within 100 ft. of a wetland, or land within 200 ft. of a perennial stream or river, without a permit from the Conservation Commission. The “interests” or values protected under the Act are Flood control, Prevention of Storm Damage, Preventions of Pollution, Fisheries, Shellfish, Groundwater, Public or Private Water Supply and wildlife Habitat. The term “alter” is defined in include any destruction of vegetation, or change in drainage characteristics or flow patterns, or any other change in water table or water quality. The regulations prohibit most destruction of wetlands and naturally vegetated riverfront lands, and require replacement of flood storage lost when floodplains are filled.

Normal maintenance and improvement of land currently in agricultural use is exempt from the provisions of this act. Preparation of new land for agricultural use is not exempt. Silviculture harvesting is exempt if the landowner has obtained a forest cutting permit from DEP’s regional forester. Certain “limited” projects, such as repairs to some utility facilities and constructing a driveway to uplands where no alternative access is available, may be approved within a resource area with conditions to protect the interests of the Act.