Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Conservation Commission of the Town of Barnstable 7-1-2003; revised 3-14-2006. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Wetlands protection — See Ch. 237.

§ 709-1 Authority.

Under §§ 237-1 to 237-14 of the Town of Barnstable Code, any person who violates any provision of this bylaw, regulations thereunder or permits issued thereunder, shall be punished by a fine of not more than $300. Each day or portion thereof during which a violation continues shall constitute a separate offense, and each provision of the bylaw regulation or permit violated shall constitute a separate offense. In the alternative to criminal prosecution, the Commission may elect to utilize the noncriminal disposition procedure set forth in MGL c.40, § 21D. In assessing noncriminal penalties (fines), the Conservation Commission and its agents shall have the discretion to hold the contractor, the property owner or both as the responsible party(ies).

§ 709-2 Violations.

Violations shall be as follows:
A. 
Type 1: any unauthorized removing, filling, dredging, or altering of any of the following resource areas: surface water body; vegetated wetland or unvegetated wetlands; any land under said waters; any land subject to flooding or inundation by groundwater, surface water, tidal action or coastal storm flowage; any coastal bank.
B. 
Type 2: any unauthorized removing, filling, dredging, or altering within 100 feet of any of the following resource areas: surface water body; vegetated wetland or unvegetated wetlands; any land under said waters; any land subject to flooding or inundation by groundwater, surface water or tidal action; any coastal bank.
C. 
Type 3: failure to comply with an enforcement order issued by the Barnstable Conservation Commission or its agents.
D. 
Type 4: any unauthorized activity beyond the scope of an order of conditions, determination of applicability or certificate of compliance issued by the Conservation Commission.

§ 709-3 Penalty schedule.

Penalties for violations shall be as follows:
Violation
Penalty
Type 1
$200
Type 2
$200
Type 3
$300
Type 4
$300