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Date: 4/19/2021
SOUTH HADLEY – To address citizen’s concerns regarding fees for riverfront camping, property alterations and activities, the Selectboard met with members of the Conservation Commission during their April 7 meeting. Board members requested more information on the fee structure, how they are determined and what are the qualifications that warrant such fees, particularly when it comes to camping.
As explained by Conservation Committee Chair Paulette Kuzdeba, the Conservation Commission administers the state Wetlands Protection Act (WPA) and local Wetlands Bylaw, works to preserve open space, and helps preserve farmland through Agricultural Preservation Restrictions (APRs).
The primary concern was regarding seasonal camping along the riverfront and the fees incurred by the commission. Kuzdeba explained that while property ownership is respected, the WPA is primarily concerned with the 200 ft. of property along the river, with the first 100 ft. considered its most critical concern. This is where the commission’s jurisdiction has an impact on what activities and changes can happen in that portion of the riverside.
The commission receives requests from the public for a Notice of Intent or Request for Determination when conducting an activity or alteration of property within a specified number of feet from a designated wetland or river. The fees charged by the commission cannot be waived because they are the acting arm enforcing the regulations set forth by the Wetlands Protection Act and local Wetlands Bylaw. Any fees assessed are split in half, with 50 percent going to the state and the other 50 percent going to the commission to conduct business and pay for its staff person.
Of particular concern was the designation of campers or RVs as single-family homes or structures when determining the fee to be assessed by a property owner getting a Notice of Intent. As told by Selectboard Chair Jeff Cyr, the town and the state qualify RVs as automobiles, requiring license plates and auto insurance vs. homeowner's insurance.
After a period of discussion about this difference, Kuzdeba explained that the state does specifically refer to RVs as a specific qualifier when it came to camping along a shoreline to the ocean, but omitted the term “RV” when it referenced activities along in-state waterways, lakes, ponds, etc. She went on to say that it was up to the commission to state what category RVs fit into and, with the options available, single-family home was considered the closest choice.
According to the board members, the largest concern from citizens appeared to be this designation of RVs as single-family homes. Upon further discussion, Kuzdeba explained that the committee was looking for the lowest common denominator for the classification of RVs to make the fee structure more affordable. Considering RVs are not specifically mentioned in the WPA for interior water recreation areas, they could be placed in the "everything else" category and would result in a $250 fee for a Category 1 activity, vs. the $110 fee currently being assessed.
Kuzdeba also pointed out that a Request for Determination is good for three years and has a $50 fee. Property owners can renew the Request at no cost before the end of the three years to add on another three years to it.
Cyr stated that another overarching concern was the number of fees for permits by different departments of the local government along with those imposed by the WPA that was not made clear to property owners as a series of fees. People thought there was one fee paid to the building inspector and no other permits with fees were necessary for camping along the river. The WPA does have its own fee structure that helps to protect and preserve the nature and environment along the river.
Cyr said in closing that the determination regarding fees will not be made by the board but that campers can voice their concerns at the next meeting of the Conservation Commission.