Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 11.00 - Nature Preserves
Section 11.06 - Management of Nature Preserves

Universal Citation: 321 MA Code of Regs 321.11

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.

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