Dear Mr. Edwards of Massachusetts Department of Agriculture:

We are writing as residents of Cape Cod and Martha’s Vineyard to request that the Massachusetts Department of Agricultural Resources (“MDAR”) reject the Eversource Energy, Eastern MA Five Year Vegetation Management Plan for Cape Cod and Martha’s Vineyard (Barnstable and Dukes Counties) 2023-2027 (hereinafter “VMP”) as submitted, and require revisions to make clearer the process for entering into agreements with Eversource for alternative uses of ROW land. 

The Need for Greater Alternative Land Use 

Alternative land use under powerline ROWs can reduce herbicide use, support biodiversity, create habitat for wildlife, and produce food for people and wildlife. In 2020, Eversource supported an effort by the Food Forest Initiative of Cape Cod (FFI) to plant a 100’ by 600’ section of ROW land owned by the Harwich Water Department with native food-producing perennials and trees. Eversource provided permission for the alternative land use, plant material for cultivation, and helped plant along with FFI volunteers (Figure 1). The area now features American hazelnuts, beach plum, blueberry, and chokeberry bushes, as well as fig, dwarf apple, pear, and pawpaw trees (Figure set 2). 

The Harwich site is an example of how cultivation methods can be used to establish low growing edible plants without the use of herbicides in a section of the ROW that is particularly sensitive because of its proximity to a municipal water supply. This has been a great collaboration that has resulted in actual planting (cultivation) of ROW compatible plants as opposed to reliance solely on chemical and mechanical controls. An important step towards replicating this approach is a clear process for entering into alternative land use agreements with Eversource that will facilitate more involvement by local communities that want to maintain ROW land without heavy reliance on herbicides.

Figure Set 1: Initial Cultivation of the Harwich Alternative Land Use Site (2020)

 

 

 

 

 

 

 

 

 

 

 

Alternative Land Use Provisions in the VMP

MDAR regulations require that as part of a “detailed description of the IPM program,” the VMP must include a “[d]escription of alternative land use provisions or agreements that may be established with individuals, state, federal or municipal agencies that would minimize the need for herbicides, including the rationale for accepting or denying any reasonable request made by any individual.” The VMP submitted by Eversource states that “acceptable uses may include but are not limited to an approved lawn, garden, or crops with compatible species of plants, golf courses, parking lots…,” and that it will “review a properly submitted proposal and consider conditional approval.”  The VMP does not meet the regulatory requirements of 333 CMR 11.05(2)(i) because it describes alternative land uses that could require more intensive herbicide use, e.g. golf courses, and does not describe “the rationale for accepting or denying” proposals for alternative land uses.

(1) 333 CMR 11.05 (2)(c), (i). 

(2)  Eversource VMP 2023-2027, at 32. 

 

Figure Set 2: Established Site, Edible Shrubs and Plants (2021)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Requested Revisions

In order to comply with 333 CMR 11.05(2)(c) and 333 CMR 11.05(2)(i), the VMP should be revised to include a detailed description of reasonable “land use provisions or agreements” for alternative land uses, and the rationale Eversource intends to use when evaluating proposals for alternative land uses. This description should include how Eversource will evaluate whether or not an alternative land use will minimize the need for herbicides. This revision is necessary to facilitate participation by individuals, state, federal or municipal agencies in ROW management that have the potential to minimize the use of chemical controls. 

 

Conclusion

The Harwich site has garnered local press coverage and has been highlighted by Eversource through press releases and company reports as an effort to support more sustainable ROW management. As residents of Cape Cod and Martha’s Vineyard we want a clear process for applying for alternative land use, as required by the regulatory provisions applicable to the VMP, that will facilitate replication of this approach. We urge you to take action on the requested revisions to ensure proper oversight of Eversource’s ROW management for Cape Cod and Martha’s Vineyard.