Massachusetts Wetlands Law and Compliance Seminar
DISCLAIMER
Before undertaking any on-demand effort, you should review the rules of your licensing/certifying entity. It’s your responsibility to determine whether or not this on-demand course meets your continuing education requirements.
You must take and pass a quiz in order to receive credit. You can take the quiz as many times as needed and there is no time limit on the quiz. Once the quiz is completed, you will be asked to download your certificate.
Videos that qualify for AIA, LACES, ASLA, or CLARB credit will require an extra week for processing.
Streamable MP4/PDF
Available approximately 1 week after the date of the live event or the date of your order, whichever is later.
To track your purchase you will need to create an account on the website using the email address used for your registration.
For most customers, the videos run like most streaming videos on the web. For videos that qualify for AIA credit there will be occasional question prompts that will not allow the video to progress unless they are answered and you will not be able to skip forward while watching the video.
If you attempt to resume watching the video on a separate device, your progress will not be saved.
Click the link which appears at the end of the video to be taken to the course quiz.
USB MP4/PDF
HalfMoon will mail these materials via USPS. Please allow 2 weeks from the date of purchase to receive your product. If the live seminar is in the future, please allow 2 weeks from the date of the live seminar.
The link to the quiz will be available in a PDF in your USB drive marked QUIZ.
HalfMoon will contact you and issue a full refund if the product you ordered is not available. However, refunds will not be issued if completion certificates are requested.
Please contact HalfMoon Education if you have any questions during the process of taking this course. (715) 835-5900 or qchapman@halfmoonseminars.org
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:15 pm
Lunch (On your own): 12:15 – 1:15 pm
Afternoon Session: 1:15 – 4:30 pm
Identifying Wetlands M. Schweisberg
Identifying and delineating resource areas under the
Massachusetts Wetlands Protection Act (WPA), and wetlands
and other waters under the federal Clean Water Act (CWA)
• Wetland Resource areas under the Mass WPA — types and definitions
• Waters of the United States under the federal CWA
• Boundary determination for resource areas, including buffer zones
• Delineating bordering vegetated wetlands under the WPA and
wetlands under the CWA
Identification and delineation under the federal CWA, Mass WPA and
municipal by laws — similarities and important differences
Understanding Federal and Massachusetts’ Wetlands Laws and Regulations J. Shea
The Federal Clean Water Act
Rivers and Harbors Act
Massachusetts Wetlands Protection Act and regulations
Municipal Home Rule Laws
Implementing/enforcing agencies
• U.S. Army Corps of Engineers
• U.S. Environmental Protection Agency
• Massachusetts Department of Environmental Protection (MassDEP)
• Local Conservation Commissions
Enforcement defense
• Conservation Commissions
• MassDEP/ Attorney General
• Army Corps of Engineers/ EPA
Wetlands Permitting Process J. Shea
State and local
• Jurisdictional determinations
• Determination of applicability
• Order of resource area delineation
• Notice of intent
• Order of conditions
• Variance (local, state)
• Appeals: MassDEP and courts
Federal
• Jurisdictional determinations
• Massachusetts general permits
• Self-verification
• Individual permits
• Appeals
Wetland Preservation, Restoration, Creation
and Enhancement M. Schweisberg
Compensatory mitigation: restoration, replication/creation,
enhancement and preservation
Protected interests under the Massachusetts Wetlands Protection Act
Ecological functions of wetlands and other waters under section 404
of the federal Clean Water Act
Compensatory mitigation — types and definitions
• Restoration
• Creation/replication
• Enhancement
• Preservation
• Regulatory requirements
Design considerations
• Reference areas
• Location, location, location
• Pre-design factors — water source
• Topography
• Hydrology
• Soils
• Plants
• Monitoring and performance standards
• Long-term protection
Best practices
• Planning
• Budget
• Contractors
• Oversight
Credits
Architects & Landscape Architects
6.5 HSW Contact Hours
6.5 AIA LU|HSW
6.5 LA/CES HSW PDHs
Professional Engineers
6.5 PDHs/CE Hours
Floodplain Managers
6.5 ASFPM CECs
Massachusetts Attorneys
Non-Credit CLE
Contractors
Non-Credit Continuing Ed.
Continuing Education Credit Information
This seminar is open to the public and offers 6.5 HSW contact hours to architects in most states, including Massachusetts. Educators and courses for Massachusetts architects are not subject to pre-approval.
This course offers 6.5 PDHs/CE hours to professional engineers in most states and 6.5 HSW CE hours to landscape architects in most states. Continuing education is not mandatory in Massachusetts. Refer to specific state rules to determine eligibility. This course is not eligible for New York engineer, architect, and landscape architect continuing education credit, as it contains information specific to Massachusetts.
This course is approved by the American Institute of Architects Continuing Education System for 6.5 LU|HSW (Sponsor No. J885) and the Landscape Architecture Continuing Education System for 6.5 HSW PDHs. Only full attendance is reportable to the AIA/CES and LA/CES. Visit www.halfmoonseminars.org for complete AIA/CES information.
The Association of State Floodplain Managers has approved this event for 6.5 CECs.
This courses offers a continuing legal education opportunity to Massachusetts attorneys. Massachusetts does not require CLE for attorneys.
Speakers
Matt Schweisberg
PWS Principal with Wetland Strategies and Solutions, LLC in Merrimac, MAMr. Schweisberg provides policy, regulatory and technical advice and assistance for clients seeking to navigate a wide range of regulatory and non-regulatory issues related to wetlands and other aquatic resources. He works throughout the U.S. Mr. Schweisberg is a Professional Wetland Scientist under the Professional Certification Program of the Society of Wetland Scientists. He is a retired federal wetlands ecologist and wildlife biologist who spent over 32 years with the U. S. Environmental Protection Agency at its headquarters office in Washington, D.C., and at the New England Region office in Boston. Mr. Schweisberg served as chief of the New England Region’s Wetlands Protection Program, as senior wetland ecologist, and on national work groups developing guidance and regulations on Clean Water Act jurisdiction, among other issues. He has testified before federal grand juries and has served several times as an expert witness in federal, state, and private litigation. Mr. Schweisberg has taught courses in wetland regulation, restoration, and creation; wetland ecology; and wetland identification and delineation for federal and state agencies, academic organizations, and environmental consultants. He received his degree in Wildlife Management from the University of Maine.
John Shea
Mackie Shea P.C.Shareholder, Mackie Shea P.C.
Mr. Shea has practiced environmental and land use law for over 35 years. He focuses on wetlands, water, wildlife and hazardous waste laws. Mr. Shea is recognized as a master strategist in securing approvals for complex and controversial projects, developing environmental compliance plans for proactive and troubled companies and successfully defending permits in administrative and court appeals. He represents developers, businesses and high net worth individuals in permitting, siting, enforcement defense and litigation. Mr. Shea’s development projects include coastal homes, subdivisions, subsidized housing, hotels, assisted living facilities, hospitals, colleges, banks, coastal erosion protections, docks, marinas, aquaculture farms, radio antennas, industrial plants, office parks and retail complexes. He is recognized as a leader in environmental and land use law by Chambers USA’s America’s Leading Lawyers for Business. The 2013 edition described Mr. Shea as a “Dean of the Environmental Bar;” the 2014 edition reported “there’s nothing he hasn’t seen or done;” and the 2019 edition observed that “he is great at permitting disputes as well as working effectively with regulators to reach a compromise.” He was selected as the 2013 Boston Environmental Law “Lawyer of the Year” by The Best Lawyers in America®, and as one of the four best environmental lawyers in New England. Since 2004, he is designated a Massachusetts and New England SuperLawyer by Boston Magazine and Thomson Reuters. Mr. Shea enjoys an AV Preeminent rating for the highest levels of professional excellence from Martindale-Hubbell. He chairs professional programs and lectures to lawyers, engineers and business groups. Mr. Shea is a member of The Planetary Society and The Mars Society and lectures on space law.