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Local River Protection Bylaws:
The communities of Chester, Chesterfield, Cummington, Huntington, Middlefield, and Worthington all passed River Protection Bylaws prior to receiving the Wild & Scenic Designation. The bylaws established buffers, septic setbacks, and special permits procedures for construction within the River Protection and Floodplain Overlay Districts. These zoning bylaws were passed before the Rivers Protection Act of 1997. Currently, the Westfield River Wild & Scenic Advisory Committee is drafting a Model River Protection Bylaw to update the existing bylaws to make them more consistent with existing regulations, as well as, provide a model for the communities who do not have a local bylaw in place at this time.
Use the following links to download PDF versions of the local river protection bylaws currently in place in communities in the Westfield River watershed(Acrobat Reader™ required):
State & Federal Regulations:
Several state regulations which protect river values include, but are not limited to: Wetlands Protection Act (310 CMR 10.00), Rivers Protection Act (310 CMR 10.58), Forest Cutting Practices (304 CMR 11.00), Massachusetts Endangered Species Act (321 CMR 10.14).
Federal regulations and programs which protect river values include, but are not limited to: Section 402 National Pollutant Discharge Elimination System (NPDES), Section 401 Water Quality Certification (WQC), and Section 404 Dredged and Fill Materials of Clean Water Act of 1970; National Flood Insurance Program (NFIP); and the National Environmental Policy Act (NEPA).
Download a PDF comparison chart of the regulations and local bylaws currently in place in Westfield River communities (Acrobat Reader™ required):
The following links to state and federal regulations can provide you with more information about specific topics:
State Regulations
- Wetlands Protection Act: www.mass.gov/dep/water/resources/wetlands.htm
- Rivers Protection Act: www.mass.gov/dep/water/resources/riverqa.htm
www.mass.gov/dep/water/laws/rpa01.htm - Forest Cutting Practices Act: www.mass.gov/dcr/stewardship/forestry/service/cutprac.htm
- Water Management Act: www.mass.gov/dep/water/laws/regulati.htm#wmgt
- Water Quality Certification: www.mass.gov/dep/water/laws/regulati.htm#wqual
- Massachusetts Endangered Species Act: www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/
- Massachusetts Environmental Policy Act: www.mass.gov/envir/mepa/index.htm
Federal Regulations
- Army Corp of Engineers, New England District: www.usace.army.mil/cw/cecwo/reg/sadmin3.htm
- Army Corp of Engineers, Massachusetts Programmatic General Permit (PGP): www.nae.usace.army.mil/reg/mapgp.pdf
- Environmental Protection Agency, National Pollutant Discharge Elimination System (NPDES) Permits: www.epa.gov/region1/npdes/index.html
- National Wild & Scenic Rivers Act (WSRA):www.rivers.gov/wsract.html
Section 7 of the National Wild & Scenic Rivers Act:
Under Section 7 of the Wild & Scenic Rivers Act, any federal project (including those permitted and/or funded by any federal agency) should not have a direct and adverse effect on the values for which a river was designated. Under this provision, the National Park Service (NPS), in coordination with the Westfield River Wild & Scenic Advisory Committee (WRWSAC), reviews projects over and adjacent to the Wild & Scenic Westfield River. These reviews often occur through the joint processing meetings coordinated by the Army Corp of Engineers as part of the Section 404 permit reviews. Projects NPS & WRWSAC are currently reviewing along the Westfield River include road and bridge rehabilitations and replacements, riverbank stabilization, and river restoration projects (e.g. dam removal, habitat enhancements, etc.).
As part of the review process, the NPS can condition components of the project which may impact the free-flowing condition of the river or the values for which the river was designated. WRWSAC aims to work with project proponents early in the process in order to help facilitate project reviews. In addition, members of the WRWSAC can often provide technical assistance and support for river-related projects.
Project proponents should contact (413) 268-3129, ext 2 or coordinator@westfieldriverwildscenic.org.