Rehoboth Needs to Protect its Vernal Pools

The Rehoboth Conservation Commission submitted a Vernal Pool Protection Zone Bylaw article for the Annual Town Meeting this spring. On April 22 the Selectmen pulled the article from the Warrant. The reason for the Bylaw was to protect vernal pools which are critical breeding habitats for many species of vertebrates and invertebrates, several which are endangered.

A common misconception is that vernal pools are protected by the Massachusetts Wetlands Protection Act. Only those pools found in wetlands are protected, however only a small percentage of the vernal pools in Rehoboth are found in wetlands. The rest are either Isolated Vegetative Wetlands (IVW) or Isolated Land Subject to Flooding (ILSF). Any IVW or ILSF that holds less than a quarter acre foot of water is non jurisdictional and therefore can be filled without replication. Those holding more than one quarter acre foot of water can be filled but must be replicated elsewhere on the property. They do not have to be replicated as vernal pools. Neither IVWs nor ILSFs have buffer zones.

The 2023 Supreme court case of “Sackett vs the EPA” ruled that any body of water not connected to streams or wetlands that flow into streams or rivers are not afforded any federal protection. Being IVWs and ILFSs they fall into this category. I had several conversations with officials at the Mass. Dep. of Environmental Protection. The answers were all the same. The only way for a town to protect its vernal pools is with a Town Bylaw.

I read a comment that there are plenty of frogs in Rehoboth, true, but frogs do not need vernal pools to breed, they can be found breeding in the many ponds found throughout Rehoboth. Since a characteristic of vernal pools is that they are dry part of the year, some frogs would die in a vernal pool by not having the time to grow into an adult. Those creatures that breed in vernal pools grow quickly. leaving the pool before it dries. Since vernal pools are so necessary for the survival of certain species, it is of the utmost importance that we save them while we can.

Sincerely,
Robert Materne
Chairman, Rehoboth Conservation Commission