Current through Register 1531,
September 27, 2024
Nature preserves are established to preserve and protect the
natural communities of an area. A protection plan as provided in
321 CMR
11.05 shall be prepared for each nature
preserve. Management activities, except as otherwise specified in the
protection plan for a particular area or by other provisions of law, shall
conform to the following guidelines:
(1)
Records. Records
shall be kept for each nature preserve by the managing agency. Records shall
include, but not be limited to, the protection plan and all programs and
actions complementing or modifying said plan including maps, reports, studies,
descriptions of pertinent events, and other documentary material. One copy of
the record shall be kept for the Council by the Natural Heritage and Endangered
Species Program.
(2)
Research and Education. Nondestructive research is
encouraged in nature preserves. Research or educational programs within nature
preserves may be conducted by individuals, groups, or governmental agencies
when such activities will not have a detrimental effect on the natural features
of the area or its objectives under the protection plan.
(a) A person desiring to conduct research or
educational activities not otherwise permitted in 321 CMR 11.00 or in the
protection plan for a particular nature preserve must secure the permission of
the managing agency for the proposed activities by requesting a permit for such
use. Permission may be extended to a leader authorized to represent group
members or subpermittees.
(b)
Permission of the managing agency shall be required for educational use of or
other public access to a nature preserve when the group exceeds ten persons; or
when the activities involve manipulation of the habitat; or when the area to be
visited by the group is otherwise closed to human visitation.
(c) Application for permission for research
or educational activities which are not exempted under 321 CMR 11.06(2)(b) or
(g) shall be on a form prescribed by the Council and shall be obtainable from
the Council or the managing agency. Information on such form shall include, but
not be limited to, the name, address, position, and professional qualifications
of the applicant; a description of the proposed activities including the
objectives, methods, and procedures to be followed; duration of the project;
specific sites to be visited or used; frequency and length of visits; detailed
description of disturbances; number and disposition of specimens; permits or
licenses held or required; and records to be kept or documents to be
developed.
(d) The managing agency
shall review the application and approve, conditionally approve, or reject the
proposed use. The agency's decision shall be based on: the relationship of the
proposed activity to the dedicated objective of the nature preserve and the
benefits to be derived therefrom; the ability and competence of the applicant;
information contained in the application; and the impact of the activity on the
nature preserve and the managing agency's ability to manage and control the
area while subject to research or educational use. An application shall be
responded to within 30 days of the receipt thereof. The Council shall be
notified of all applications and the action taken on them.
(e) A permit, when issued, shall contain
specific restrictions and conditions to protect the nature preserve. The permit
shall also contain appropriate requirements for reports by the permittee to the
managing agency and the Council and a form for reporting. Permits may be
modified, suspended, or revoked for violations of the permit conditions or of
321 CMR 11.00. Permittees shall report to the managing agency and the Council
on their activities as required and at least annually no later than January
31st.
(f) Persons wishing to collect scientific
specimens for research or museum deposit shall obtain any necessary permits
from DFW, the U.S. Fish and Wildlife Service, or other governmental agencies
prior to collecting. Except as provided in the protection plan, applicable
permits, or by the managing agency, collecting of specimens of whatever nature
or description, and for whatever purpose is prohibited.
(g) Nothing in 321 CMR 11.06(2) shall be
deemed to prohibit a managing agency or its contractors from conducting
research and education on a nature preserve under its jurisdiction by its
agency staff in accordance with its legal mandate and statutory
responsibilities, and such agency shall not be required to comply with
provisions of 321 CMR 11.06(2) for such research and education where not
contrary to the protection plan.
(3)
Ecological Management
Practices.
(a)
Fire.
1. Prescribed
burning may be undertaken for fire-adapted natural communities as identified in
the protection plan and in accordance with guidance provided by the Council.
The managing agency, with advice from persons with experience in ecological
burning, shall prepare a written plan for each prescribed burn and all
necessary permits shall be obtained. Burning shall not be done under conditions
more hazardous than those specified in the prescribed burn plan. No
firefighting chemicals which are known to cause damage to or alteration of
natural vegetation, fauna or soils may be used. The use of equipment and
motorized vehicles, size and experience of crew, identity and qualifications of
the fire boss, time of year for the burn, frequency of burning, and amount of
area to be burned shall be specified in each prescribed burn plan. Ecological
objectives of prescribed burning shall be stated in the protection plan, and
monitoring of the vegetation should be undertaken in order to determine the
efficacy of the burn program. Copies of the fire prescriptions and the
monitoring reports shall be supplied to the Council to be kept in the record of
the nature preserve.
2. Fire
management plans specifying fire suppression techniques for wildfire shall be
prepared for nature preserves with fire-prone vegetation. Such plans shall be
produced by the managing agency in consultation with persons with experience in
fire in natural areas, local fire department, and the Bureau of Forest Fire
Control of DCR. The plans should specify firebreaks, equipment, and chemicals
to be used on the nature preserve and note areas of particular sensitivity to
be avoided. A copy of the fire management plan shall be sent to the Council for
the nature preserve record. After a fire within a nature preserve, there shall
be no cleanup, fire hazard reduction, or replanting except in accordance with
the protection plan, guidance provided by the Council, or as required by law.
Council recommendation shall consider health and safety issues, as well as the
need for ecological restoration.
3.
When boundary firebreaks are necessary, they shall be constructed outside the
nature preserve, when possible. Firebreaks shall be kept to a minimum and shall
be constructed only in accordance with the protection plan. Temporary
firebreaks made by raking, mowing, or wetting, may be used in conjunction with
a prescribed burn.
(b)
Water level control shall not be undertaken which shall alter water levels.
Water levels which have previously been altered by human activity may be
changed when essential for the maintenance and restoration of conditions for
which the nature preserve is established when part of the protection plan and
in accordance with the Wetland Protection Act M.G.L. c. 131, §40.
(c) Control of erosion and soil deposition
resulting from human disturbance or natural conditions within or without a
nature preserve may be undertaken.
(d) Control of native plants shall not be
undertaken except for removal from lanes, firebreaks, trails, or similar
passageways in accordance with the protection plan. Vegetation may be managed
using methods or procedures stipulated in the protection plan.
(e) Insect or disease control programs shall
not be undertaken unless the infestation or outbreak threatens adjacent natural
areas, will drastically alter natural ecological processes within the nature
preserve, or where a public health emergency is declared under M.G.L. c. 17,
provided that such control programs are approved by the managing agency or are
provided for by law.
(f) Control of
exotic plants and animals may be undertaken in a manner and for a purpose in
accordance with the protection plan. Control of exotic plants may include the
control of plant succession.
(g)
Any measures for the population control of any plant or animal species, even if
considered noxious, shall be provided for in the protection plan. Control of
populations not covered in the protection plan shall be limited to those
measures in accord with guidance provided by the Council.
(h) Pesticides including herbicides shall not
be used except as provided for in the protection plan, or in an emergency in
accord with guidance provided by the Council and with the consent of the
managing agency.
(i) Management of
endangered, threatened, and special concern species listed under
321 CMR 10.60:
Introduction and non-listed species which may be of management
concern on a particular nature preserve shall receive particular attention.
Habitat manipulations and protective measures favoring a particular species
shall be undertaken only as specified in the protection plan.
(4)
Scenic and
Landscape Management.
(a) No
measures, including grass or brush cutting, thinning of vegetation, removal of
dead wood, or flower or shrub planting, shall be undertaken which shall alter
natural growth or landscape features for the primary purpose of enhancing the
area's beauty or aesthetic qualities.
(b) Except as provided for in the protection
plan or in
321 CMR
11.07 there shall be no removal or
consumptive use of any product, material, or object from a nature preserve,
including, but not limited to, grazing of livestock, farming, mining or
quarrying. There shall be no disposal of waste materials.
(c) Guard rails, fences, steps, and other
devices or measures necessary for visitor safety may be installed as stipulated
in the protection plan. Potentially dangerous conditions, such as dead trees,
branches, abandoned wells or pits, and similar hazards on trails or in
authorized public use areas may be removed, cleared, filled in, or otherwise
remedied.
(d) When in accordance
with the protection plan, materials such as follows may be removed, altered, or
demolished, including: removal of interior fences when not contrary to law;
removal of rubbish, trash, and abandoned vehicles; and removal of structures
having no utilitarian, historic, scientific, or management value.
(5)
Management of
Human Use and Access.
(a) Human
use of a nature preserve shall conform to the objectives of the Nature Preserve
System and the individual nature preserve as provided for in the articles of
dedication. Scientific and educational use is encouraged when in conformance
with these guidelines. The protection plan may specify controls and
restrictions to be placed on public access and use which may be further
restricted by the managing agency. Any additional restrictions imposed by the
managing agency shall be incorporated into the protection plan in accordance
with
321 CMR
11.05(7).
(b) Boundaries of nature preserves shall be
marked by posting boundary markers according to managing agency policy.
Boundary fences and barriers may be installed as stipulated in the protection
plan.
(c) Signs, interpretive
displays, and structures shall be in accordance with the protection plan.
Informational signs, trash receptacles, and minor structures required to house
research instruments or maintenance equipment must be approved by the managing
agency. All structures and facilities, except those predating the dedication of
the nature preserve, shall be located in service areas which may be established
near or adjacent to nature preserves to provide access, parking, management or
visitor facilities. Such areas shall be provided for in the protection
plan.
(d) There shall be no
intrusions, easements, or rights-of-way granted or allowed which do not conform
to 321 CMR 11.00 and with the purposes and objectives of the Nature Preserve
System, except as specified in the protection plan or unless such intrusions,
easements, or rights-of-way are contained in deeded property rights.
(e) Emergency situations requiring immediate
action to prevent death or injury to persons or damage to property shall be
handled in such a manner as to cause minimal damage to natural conditions,
consistent with the nature of the emergency. Emergency situations shall be
reported as soon as possible to the head of the managing agency and to the
Council by the site manager.
(f)
Vehicular access ways shall be installed and maintained only where essential
for patrol, fire control, or research and management activities and shall be in
accordance with protection plan. Such ways shall be closed except to official
vehicles and permittees. Ways, except pre-existing ways, shall provide a single
lane and shall not be more than 14 feet wide.
(g) No species listed in
321 CMR 10.60:
Introduction shall be removed, altered, damaged, or taken in
consequence of the construction or maintenance of access ways except as
otherwise provided in the protection plan and permitted by 321 CMR 10.00:
Massachusetts Endangered Species Act Regulations.
(h) Trails shall conform to the objectives of
the Nature Preserve System and the protection plan for the individual nature
preserve. Trails shall be designed so as to alter a minimal part of the nature
preserve and to have minimal impact on natural features. Trails shall further
be designed so as to have minimal impact on those species listed under
321 CMR 10.60:
Introduction.
(i)
The location of all existing or proposed trails shall be identified or laid out
in the protection plan. Trails shall be adequate to provide for approved use of
the nature preserve and to control erosion, trampling of vegetation, and other
site degradation, but shall otherwise be minimized. Natural materials, when
possible, shall be used for trail construction. Paving materials, footbridges,
and elevated walks may be used when in accordance the protection
plan.
(j) Access to nature
preserves shall be allowed only at such locations and under such conditions as
may be specified in the protection plan.