BOSTON — The state Department of Environmental Protection is fining Falls Farm, which has property in Montague and Sunderland, for violating the Massachusetts Wetlands Protection Act and Massachusetts Clean Water Act.

According to MassDEP, a fine of $39,168 was imposed on the 202 Old Sunderland Road farm, which is owned by James Arcoleo, due to violations from “land-clearing activities that failed to implement adequate erosion and sedimentation controls, resulting in significant sedimentation impacts to four streams, adjacent wetlands and the Connecticut River.” However, MassDEP has agreed to suspend $31,668 of the fine based on compliance with its Jan. 24 administrative consent order, which means Falls Farm is expected to pay $7,500 to the state. These suspended funds could be reissued if there are violations of the consent order.

To remain in compliance, the farm must continue work toward “restoring the degraded wetlands and streams, implementing a long-term site stabilization plan and placing a deed restriction to permanently protect a 2-acre parcel abutting the Connecticut River,” according to MassDEP.

The order states there must be a stormwater management plan and a resource area restoration and mitigation plan by April 1 that satisfies state requirements. An environmental consultant must monitor the restoration area for two full years of growing. In addition, Falls Farm agreed to provide a dry hydrant and water source for the Montague and Sunderland fire departments in the event of a fire emergency.

Michael Gorski, director of MassDEP’s Western Regional Office in Springfield, said the farm had cleared too much land without sedimentation protection, noting that protecting wetlands and waterway is “essential to preserve clean water and resilient ecosystems.”

“Falls Farm has been responsive and is making a significant commitment to address the impacts,” Gorski said in a statement. “And they are investing in the local community through the permanent protection of habitat on the bank of the Connecticut River, as well as enhancing local fire safety.”

Efforts to reach a Falls Farm representative for comment were unsuccessful by press time on Monday.

A fine from MassDEP was a possibility that was discussed in both the Sunderland and Montague conservation commissions last summer. A cease and desist order was placed on Falls Farm in July 2024, and oversight of the erosion and wetlands issues was transferred to MassDEP that same month. At the time, Montague Town Planner Maureen Pollock said the condition of the land at Falls Farm and the complexity of jurisdiction, with property in both Montague and Sunderland, created a situation “beyond the scope of municipalities.”

Erin-Leigh Hoffman can be reached at ehoffman@recorder.com or 413-930-4231.