Authorities and Regulations

The Northeast Ma Mosquito Control and Wetlands Management District operates under the authority of the District’s enabling legislation: Massachusetts General Laws Chapter 252 and Chapter 112 of the Acts of 1928-1929. Wetland Management Projects are conducted in accordance and in compliance with established federal guidelines as well as in coordination with State (multiple agencies) and local officials (Conservation Commissions, Boards of health, DPWs etc.). Despite the District’s broad sweeping authorities to work in wetlands all mechanized projects undergo Federal, State and Local regulatory review prior to construction. For full text of Massachusetts General Laws

CHAPTER 252. IMPROVEMENT OF LOW LAND AND SWAMPS
IMPROVEMENT OF LOW LAND
Section 1. General provisions

MGL: Chapter 40. Powers and Duties of Cities and Towns
If it is necessary or useful (1) to drain or flow a meadow, swamp, marsh, beach or other low land held by two or more proprietors, or (2) to remove obstructions in rivers or streams leading thereto or therefrom, or (3) to eradicate mosquitoes in any area infested thereby, including, in respect to each such purpose, purposes incidental thereto, such improvements may be made as provided in this chapter.

Section 5B. local boards of health; power to determine mosquito breeding area a public nuisance; abatement

The board of health… or commissioners appointed to make improvements on behalf of a mosquito control district … may determine an area… infested by mosquitoes, to be a public nuisance… If the person so notified refuses or neglects to abate such nuisance … said board of health or commissioner may employee all necessary assistants… who may enter upon public or private property, if such entry is necessary for this purpose.

Additionally exemptions and/or restrictions defining the District’s broad sweeping authorities are mandated under MGL Chapter 40: Powers and Duties of Cities and Towns, MGL Chapter 130: Marine Fish and Fisheries and MGL Chapter 131: The Wetlands Protection Act. Local Conservation Commissions and to some extent the Department of Environmental Protection (marine environments) are prohibited from taking action relative to activity conducted under the authority of Chapter 252. See legislative excerpts below. The District continues to invite review and solicit comment from local, state and federal authorities and stakeholders on all mechanized projects. Wetland management projects are not implemented unless concerns raised have been thoroughly addressed.

Section 8C. Conservation commission; establishment; powers and duties
No action taken under this section shall affect the powers and duties of the state reclamation board or any mosquito control or other project operating under or authorized by chapter two hundred and fifty-two or restrict any public access.

Chapter 40. Clause 36
For the improvement of low lands and swamps and the eradication of mosquitoes under chapter two hundred fifty-two. For full text of Massachusetts General Laws

MGL: Chapter 130. Section 105
No action by the commissioner of environmental protection or the department of environmental protection under this section shall prohibit, restrict or impair the exercise or performance of the powers and duties conferred or imposed by law in the department of highways, the Massachusetts water resources authority, the state reclamation board or any mosquito control or other project operating under or authorized by chapter two hundred and fifty-two. For full text of Massachusetts General Laws

MGL: Chapter 131. Section 40. The Wetlands Protection Act
Subsection 15. The provisions of this section shall not apply to any mosquito control work done under the provisions of clause (36) of section five of chapter forty, of chapter two hundred and fifty-two or any special act…

The riverfront area shall not apply to any mosquito control work done under the provisions of clause (36) of section five of chapter five of chapter forty of chapter two hundred and fifty-two or any special act…

Subsection 24. The provisions of this section shall not apply to any mosquito control work done under the provisions of clause (36) of section five of chapter forty of chapter two hundred and fifty-two or any special act…

MGL, Chapter 131. Section 40A. Protection of Inland Wetlands
No such order shall prohibit, restrict or regulate the exercise or performance of the powers and duties conferred or imposed by law upon… the state reclamation board of any mosquito control or other project operating under or authorized by chapter two hundred fifty-two. For full text of Massachusetts General Laws

Policy and Procedure for Mechanized Wetlands Management