Bylaws, Ordinances, and Regulations:
Guiding Growth and Development to Protect Natural Resources

Communities administer their land-use plans through the adoption of bylaws, ordinances and regulations. The terms “bylaw” and “ordinance” designate the highest level of land-use regulation in the towns and cities in our watershed. They must be approved by Town Meeting in our towns and by the City Council or Board of Aldermen in our cities. Bylaws and ordinances have the force of law, and communities may use their full police power to enforce them. Regulations, which provide guidance and specificity as to how bylaws and ordinances are administered, can be adopted after majority approval of the Board or Commission charged with their administration, like Planning Boards or Conservation Commissions. Bylaws, ordinances, and regulations should be in compliance with the vision for the future of the town as described in its most recent Master Plan.

There are many bylaws, ordinances, and regulations (we’ll refer to them altogether as “bylaws” here) which towns can adopt to better protect their water and other natural resources. Among these are local wetland bylaws, steep slope and erosion control bylaws, wellhead and aquifer protection bylaws, riparian (river) corridor protection bylaws, open space residential development bylaws, and low-impact development regulations.

As a part of NRWA’s “Protecting Today’s Water for Tomorrow” project, the NRWA assisted several communities in the combined Nissitissit and Squannacook sub-basin of the watershed with several such environmental protection zoning measures. Several of these bylaws were adopted by Town Meeting vote or by approval of the Planning Board, and may serve as models for other watershed towns seeking to address the same or similar subject matter.

Open Space Residential Development

To protect fragmentation of forest and other natural habitat, residential development can be planned under an Open Space Residential Development bylaw which requires that a certain percentage of natural habitat be preserved in its natural state. That open space can then be linked to open spaces in other subdivisions or to other public or private open spaces such as local and state parks and forests. Two examples developed by NRWA in collaboration with municipal officials:

Ashby, MA- Open Space Residential Development - adopted by Ashby, a good model for smaller towns without planning staff.

Pepperell, MA- Open Space Residential Development Bylaw —adopted by Pepperell, a good model for larger towns with planning staff to assist in its administration.

Stormwater Runoff and Erosion Prevention

To manage stormwater runoff that threatens water quality, communities can develop bylaws to address runoff and prevent erosion. Two examples developed by NRWA in collaboration with municipal officials:

Townsend, MA- Phase II Stormwater Bylaw —adopted by Townsend, a good model for small towns subject to the USEPA’s Phase II stormwater program.

Greenville, NH- Steep Slope Ordinance -- though the NRWA believes this is a good model for small towns, it was not adopted by Greenville.

If you would like the NRWA to assist your community with bylaw, ordinance, and regulation development to protect your natural resources, please contact Mark Archambault, NRWA Smart Growth Circuit Rider, at (978) 448-0299, or This email address is being protected from spambots. You need JavaScript enabled to view it..

Protecting our Water through Stormwater Management and Low Impact Development

In the 1960’s, the Nashua River, along with many other rivers and streams in the United States, was overwhelmed by industrial pollutants and human wastewater that was directly discharged to the rivers via pipes. The Clean Water Act and other federal environmental laws now prohibit such direct discharges, or point source pollution. Today the water quality in our rivers and streams is threatened most by non-point source pollution, a pollution source which cannot be traced back to a single source such as a pipe. A major source of non-point source pollution is stormwater runoff. Stormwater runoff includes precipitation running off hard surfaces such as roads and parking lots carrying pollutants like road salt, oil, greases, and lubricants. It also includes water running off cleared lands with exposed soils enabling erosion, which allows bacteria and soil particles into our waterways. Older municipal storm drainage systems may allow runoff to be discharged into water bodies without proper wastewater treatment. All of these forms of untreated stormwater runoff threaten our water quality and negatively impact aquatic ecosystems and recreation, such as boating and swimming.

Stormwater Management and Low Impact Development are two means of controlling runoff through good site planning and creation of systems to slow runoff thus preventing non-point source pollution from reaching our rivers and streams. NRWA has been actively assisting our communities with stormwater management and promoting low impact development.

With grant funding provided by the ENVIRON Foundation, the NRWA prepared An Introduction to Water Resource Protection in Massachusetts and New Hampshire. This introductory guide to protecting water resources includes chapters on wetland protection, river and shoreland protection, stormwater management, low-impact development, aquifer and wellhead protection, erosion control and the protection of steep slopes. These are the most important water resource related topics that Conservation Commissioners and Planning Board members should be aware of in reviewing development proposals and in appraising the effectiveness of their zoning bylaws and regulations. The guide complements our work with municipal boards to develop bylaws and regulations that are in keeping with the latest practices to manage runoff.

Our water monitoring program helps to identify river stretches that are being negatively impacted by runoff. As part of our work to track sources of bacterial contamination, NRWA organized volunteers in Fitchburg to stencil storm drains to alert communities that what goes into the storm drain flows to the river. Our Monoosnoc Brook Greenway Project has worked with Leominster schools to teach children about non-point source pollution and help them to create rain gardens on school properties. We’re also partnering with the Massachusetts Watershed Coalition in its Billion Gallons per Year Initiative which has a goal of cleansing a billion gallons of stormwater before it reaches our local waterways.

Our adult education programs offer presentations on sustainable landscaping and creation of rain gardens, while our professional workshops help to inform developers, engineers, and municipal boards about topics like the NH Shoreland Protection Act and new techniques in erosion and sediment control.

More on Stormwater Management

Stormwater is worsened by hardened or impervious surfaces, which prevent runoff from soaking into the ground (infiltration) or being taken up by plants. In fact, several studies, such as that conducted by the Center for Watershed Protection, show that the health of a stream or water body is directly proportional to the amount of impervious surfaces in its contributing watershed. When the percentage of impervious cover is less than or equal to 10% of the watershed, stream quality is generally safeguarded. When the percentage of impervious surfaces increases to 10 – 25%, the ecosystem functions of streams are increasingly impacted.

Stream banks often show more erosion due to the more widely fluctuating water levels after storm events, and biological diversity begins to decrease. When the percentage of impervious surfaces increases to more than 25%, the stream is severely impacted and may become non-supportive of native plant and animal species. Such streams are often classified as urban streams, and are in essence drainage channels more than natural streams.

Source: The Center for Watershed Protection

The United States Environmental Protection Agency (USEPA) developed an approach to addressing non-point source pollution called the National Pollutant Discharge Elimination System. Under Phase I of this program, which was enacted in 1990, stormwater discharges into medium to large municipal storm sewer systems were addressed.

These were defined as communities serving a population of at least 100,000 people, as well as stormwater discharges from eleven categories of industrial activities. Construction activities disturbing five or more acres of land are one category of such industrial activity.

In 2003, the USEPA published the standards for Phase II of their stormwater program. This program is aimed at municipal separate storm sewer systems, or ‘MS4’s’ for short. It covers all urbanized areas as identified in the 2000 US Census.

Even when a small town is not subject to the USEPA’s Phase II stormwater program, choosing to address stormwater in a comprehensive manner is one of the best steps a town can take to safeguard its water resources. Small towns can adopt bylaws / ordinances and accompanying regulations addressing stormwater runoff from construction sites and from illicit discharges.

As previously mentioned, most new construction activities require removal of vegetation and moving dirt around a site. Doing so exposes soil that was previously held in place by vegetation to the erosive effects of rainwater and dispersal by wind. In order to minimize such effects, practices can be adopted that minimize the amount of soil exposed at any one time and that prevent soil particles and other pollutants from leaving the site in runoff. Such practices can be spelled out in bylaws, ordinances, and regulations.

Typically, such regulatory provisions apply to construction activities above a certain threshold, such as a half acre or acre of land disturbance. Some of these regulatory approaches also place limits on the amount of impervious surfaces that can be created, either as a percentage of total lot area or a maximum amount of square footage. The environmental agencies of both Massachusetts and New Hampshire have developed model stormwater bylaws, ordinances and regulations that address the impacts of construction activities.

Illicit discharges refer to unpermitted or illegal discharges of stormwater or wastes into a sewer, drainage system or water bodies such as streams, rivers, lakes and ponds. The sources of illicit discharges are many and include but are not limited to industrial discharges and untreated sewage. Illicit discharge bylaws / ordinances and regulations usually require an agent of the town to be on the lookout for such discharges. In most cases this is an employee of the local Department of Public Works or the Highway Department.

Most illicit discharge bylaws / ordinances exempt residential land-uses from regulation, including the washing of individual cars, waterline flushing, discharges from lawn irrigation and water from foundation drains and sump pumps. Though residential uses such as those listed above are often exempt from formal regulation, homeowners and renters can still follow common sense best management practices in undertaking such activities.

More on Low-Impact Development

Low Impact Development (LID) is a term that has been applied to several development practices that minimize human impacts to the environment at the site and local level. LID can refer to everything from open space (cluster) style development to small scale ‘green’ stormwater systems. The term LID most often refers to practices that reduce both the amount and impacts of stormwater runoff. LID often first seeks to minimize the amount of impervious surfaces being created, because, as was seen in the stormwater discussion, the amount of impervious surfaces is directly correlated with water quality. LID also seeks to treat stormwater as close to its source as possible, in contrast to standard stormwater practices that often discharge stormwater far from where it originates.

The Massachusetts Coastal Smart Growth program of the Executive Office of Energy and Environmental Affairs (EOEEA) describes the benefits of LID as follows: “In conventional sprawl development, destruction of natural features and introduction of large impervious surfaces reduces infiltration of water into the ground and necessitates large structural stormwater controls such as catch basins, pipes and detention ponds. LID, in contrast, seeks to preserve natural features and relies on thoughtful site planning and the use of a broad range of design techniques, such as clustering, permeable paving, and bioretention to reduce the level of impervious cover and address the quantity and quality of stormwater drainage. Natural drainage pathways and open space are preserved, and the overall impact from development is significantly reduced.” The Practice of Low Impact DevelopmentPractice of Low Impact Development 

At the site development level, LID typically consists of a series of small-scale stormwater best management practices that preserve and work with the natural features of the land as opposed to large-scale conventional methods of collecting, conveying, and piping away runoff such as large detention basins. LID attempts to mimic the natural flow of water (hydrology) on a site, and as such seeks to allow as much rainwater falling on a site to recharge the groundwater in the same location. Prior to widespread adoption of LID, best management practices often consisted of collecting the stormwater from a wide area and recharging it either far from where it was collected or in a different drainage basin altogether. This practice altered the natural drainage patterns and water balance of many locations, and often resulted in the depletion of local aquifers. Therefore, LID can be thought of as smaller scale, decentralized and predominantly vegetation-based stormwater management techniques that seek to mimic the natural flow of water on and underneath a site or area.

Typical LID stormwater practices include rain gardens (otherwise called ‘bioretention’), which use specific plant materials and soils to handle and treat stormwater, shallow road side swales, green infiltration strips within commercial parking lots, and porous pavement.

LID has been demonstrated to be economical, effective, flexible and attractive. Like well designed stormwater management systems, LID can reduce peak flows during flooding, remove sediments and pollutants from stormwater, provide health protection by removing bacteria, and improve property values due to the attractiveness of techniques such as rain gardens.

For more information about Stormwater Management and Low Impact Development, please contact Mark Archambault, NRWA Smart Growth Circuit Rider, at (978) 448-0299, or This email address is being protected from spambots. You need JavaScript enabled to view it..

Stormwater Management and LID Resources

NRWA—An Introduction to Water Resource Protection in Massachusetts and New Hampshire 

Massachusetts Stormwater Handbook

New Hampshire Stormwater Manual (available online and in hard copy)

Innovative Land Use Planning Techniques: A Handbook for Sustainable Development 

Stormwater Magazine, Forester Media, Inc., 2946 De La Vina Street, Santa Barbara, CA 93105

Organizations and their websites:

• New Hampshire Department of Environmental Services, Stormwater Unit 
• Region 1, United States Environmental Protection Agency (USEPA)
  National Pollutant Discharge Elimination System, (NPDES) 
• Stormwater FAQs 
• The Center for Watershed Protection 
• Stormwater Management Section 
• Low Impact Development Center, Inc. 
• The Massachusetts Smart Growth / Smart Energy Toolkit – Low Impact Development Section 

Open Space Plans: Helping Communities Identify and Manage their Natural Resources

Open Space Plans are the principle tool used by our communities to identify and inventory their important natural resources, as well as to develop a program to protect and manage those resources. They are very similar to municipal Master Plans, but narrower in scope. These Plans typically include an inventory of the various types of open spaces, including forests, wetlands, and agricultural lands, along with a description of their geological makeup. The Plans may also include data on population and housing growth, changes in land use and the amount of open space over a period of time, and a list of key properties to be acquired or protected as part of an Action Plan. It is important that these Plans identify and describe the environmental challenges facing a municipality, and begin to explore how these challenges can be addressed. Municipal Conservation Commissions, along with the Park and Recreation Departments, are the main bodies responsible for updating the Plan and overseeing its implementation.

An Open Space and Recreation Plan, valid for seven years, is a requirement for participation in grant programs offered by the Massachusetts Executive Office of Energy and Environmental Affairs, Division of Conservation Services (DCS). Approval of a Plan by DCS makes communities eligible for these open space acquisition funds:

• Parkland Acquisitions and Renovations for Communities (PARC) Grant Program
• Local Acquisitions for Natural Diversity (LAND) Grant Program
• Massachusetts Land and Water Conservation Fund Grant Program
  

The NRWA can assist communities with their Open Space Plans, and served as the primary consultant for the update of the 2006-2011 Devens Open Space and Recreation Plan and the Dunstable Open Space Plan. Our professional staff uses GIS mapping technology and their vast knowledge of the local landscape and resources to advise and support municipal efforts to protect and manage their open space. For more than a decade, the NRWA has been an active member of the Devens Open Space and Recreation Advisory Committee, paying close attention to developments on Devens that might impact key natural resources. The Committee’s work led to the creation of a Mirror Lake Recreation Area Improvement Plan and the expansion of The Trustees of Reservation’s Mirror Lake and Eskers Conservation Restriction.

To learn more about Open Space Plans, or for assistance with your community’s Open Space Planning, please contact Al Futterman, NRWA Land Programs Director, at (978) 448-0299, or This email address is being protected from spambots. You need JavaScript enabled to view it..

Smart Growth for Sustainable Communities

Smart Growth is both a philosophy and set of planning techniques that seeks to minimize the impacts of human development on natural landscapes and ecosystems while promoting fairness and equity so as to proactively meet the needs of the people in an ecologically sustainable manner.

The NRWA plays a significant role in promoting smart growth planning in our region. For example, as part of our U.S. EPA funded "Protecting Today's Water for Tomorrow project our Smart Growth Circuit Rider worked with several towns within the combined Squannacook-Nissitissit sub-basin to develop smart growth related bylaws, ordinances and regulations, many of which were subsequently adopted by the towns. The Circuit Rider also gave many presentations to the towns and the general public, as well as organizing professional workshops in order to increase public understanding of smart growth and environmental protection in general.

Some of the guiding principles of smart growth include as promoted by the Commonwealth of Massachusetts:

• Promote a variety of land-uses at the development scale, in contrast to the more archaic practice of Euclidean zoning that separates land-uses into distinct districts.
• Concentrate, rather than disperse, new development within site and technological constraints (i.e. septic capacity if applicable). Higher density can be offset by the setting aside of permanently protected open space.
• Use natural resources wisely, both in terms of construction materials and in terms of working with as opposed to against, the natural features of the landscape when undertaking development.
• Expand housing opportunities beyond the detached single-family home that is the dominant land-use in most suburban and rural communities. Exclusive use of single-family zoning can result in a sprawling pattern of land-use that consumes and fragments natural habitats and watersheds.
• Promote clean energy as much as possible in the design of housing and commercial and industrial development. In many cases, solar and wind generated energy can become at least a part of the power supply for the new development.
• Plan regionally and consider your town’s development and planning in the wider context of the regional environmental and political boundaries and units of government.
• Advance equity by promoting equitable sharing of the benefits and burdens of development. Provide technical and strategic support for inclusive community planning and decision making to ensure social, economic, and environmental justice. Ensure that the interests of future generations are not compromised by today's decisions. In a word, promote development that moves in the direction of sustainability.
• Provide transportation choice by maintaining and expanding transportation options that maximize mobility, reduce congestion, conserve fuel and improve air quality. Prioritize rail, bus, boat, rapid and surface transit, shared-vehicle and shared-ride services, bicycling, and walking. Promote and invest in existing and new passenger and freight transportation infrastructure that supports sound economic development consistent with smart growth objectives.

Promoting and implementing Smart Growth and sustainability is not just the responsibility and province of Planners or Planning Board members, but includes roles for all levels of municipal government, as well as concerned citizens who can help by supporting and inspiring their communities to undertake Smart Growth efforts.

In 2006, NRWA’s Smart Growth Circuit Rider organized a two day workshop on the subjects of peak oil and sustainable development, which generated considerable public interest. Partly as an outgrowth of this workshop and a reading group that followed, several citizens of Groton, Massachusetts decided to form the Groton Local, an organization that promotes personal and social sustainability through community events, workshops, book readings, interest groups and outreach. The Groton Local undertakes local actions informed by the bigger picture of climate change, energy resource depletion and threats to food and water supplies. The NRWA has partnered with the Groton Local in organizing and hosting workshops on a variety of topics including permaculture, vegetable gardening, home insulation, solar energy and many other topics. The Groton Local itself helped to generate the Groton Sustainability Commission, which is a formal board of the Town of Groton that promotes sustainability planning, most recently through its role in updating Groton’s Master Plan.

A great resource online resource for Smart Growth planning techniques is the Massachusetts Smart Growth and Smart Energy Toolkit. 

If you would like the NRWA to assist with Smart Growth planning in your community, or for more information about NRWA’s Smart Growth, local sustainability, and other land use planning projects, please contact Mark Archambault, NRWA Smart Growth Circuit Rider, at (978) 448-0299, or This email address is being protected from spambots. You need JavaScript enabled to view it..