[HISTORY: Adopted by the Conservation Commission
of the Town of Marblehead 3-14-1961. Amendments noted where applicable.]
A.
These regulations are promulgated by the Conservation
Commission of the Town of Marblehead (the "Commission") pursuant to
the authority conferred upon it in MGL c. 40, § 8C, as amended,
and accepted by action of Town Meeting March 14, 1961. They apply
to all areas under the control of the Commission by reason of deed,
lease, easement, license, exercise of eminent domain, informal arrangement
with officials or departments, or otherwise.
B.
The purpose of these regulations is to enhance the
general purpose of the conservation areas in the Town as places of
peaceful, quiet recreational enjoyment of natural surroundings.
The Commission does not undertake to patrol
regularly any area under its control, and the Town does not assume
any liability for any personal injuries, property damage, or other
loss to persons going on such areas. All persons entering upon or
using conservation lands do so at their own risk.
All persons are welcome in conservation areas
of the Town without a permit, except that as provided below a permit
is required for certain activities. Any permit which these regulations
provide is issuable by the Commission may be issued in writing by
any member thereof, with such reasonable conditions as the member
may deem appropriate, shall be kept in the possession of the person
to whom granted at all times during such person's conduct of the activities
for which it was issued, and shall be displayed to any law enforcement
officer or Commission member requesting it at any time.
A.
Picnicking is permitted in areas under Commission
control unless otherwise posted.
B.
Nature study, hiking, bicycling, horseback riding,
snowshoeing and ski touring are permitted and encouraged unless otherwise
posted.
C.
Fires are permitted only for cooking, and then only
with a permit issued by the Commission, and in compliance with any
applicable rules and regulations of the Marblehead Fire Department
and applicable law. Any person starting a fire shall be responsible
for its control and complete extinguishment and shall remain present
at the fire until it is completely extinguished.
D.
Trapping, fishing, and other taking of wildlife will
be permitted only in areas specially posted by sign as open for such
activities or with a permit issued by the Commission.
E.
No cars, trucks, motorcycles, motorbikes, snowmobiles,
motorboats, or other powered vehicles are permitted on any area under
Commission control without a permit issued by the Commission. This
regulation does not apply to vehicles operated by or for the Town
or other governmental agency for governmental purposes in these areas,
nor to public parking in designated parking areas during the hours
posted.
F.
No person shall camp overnight, place, store or deposit
overnight any vehicle, boat, raft, float, or other property, or attach
any moorings in any area under the control of the Commission without
a permit issued by the Commission.
G.
No person shall post, paint, affix or display any
sign, notice, placard or advertising device, except with a permit
issued by the Commission.
The Commission may issue permits which authorize
trails to be cut or marked, dams to be built or any structure such
as a lean-to, bridge, tower or handrail to be constructed and other
projects to be undertaken in order most beneficially to develop the
areas under its control. No approval shall be given for any project
which does not, in the opinion of the Commission, promote and develop
the natural resources or protect the watershed resources of the Town.
The Commission may require the prior submission of plans and specifications
for any such project, the posting of sufficient bond, and other undertakings
before the project is commenced or thereafter.
[Amended 5-7-2007 ATM by Art. 25]
Except pursuant to authority granted under § 209-4 above, the following applies:
A.
CONSERVATION LANDS
REMOVAL
VEGETATION
Definitions.
Means those lands currently under the jurisdiction of the
Marblehead Conservation Commission.
Means cutting, pruning, digging, poisoning, damaging, covering
with yard waste or any similar action resulting in the loss of the
vegetation.
Applies to trees, bushes, plants, shrubs, flowers, grasses.
They can be live or dead, naturally occurring or human introduced.
B.
Requirements.
(1)
No vegetation is to be removed from conservation lands
without the expressed, written permission of the Marblehead Conservation
Commission.
(2)
In the event vegetation is removed without the permission
of the Marblehead Conservation Commission, all removed vegetation
must be replaced or replanted with identical vegetation or its equivalent
(to be approved by the Commission).
(a)
Example: A tree with a diameter of one inch
(measured six inches from its base) should be replaced with the same
size tree.
(b)
Example: A tree with a diameter of five inches
(measured 12 inches from its base) should be replaced with five trees
measuring one inch diameter six inches from their base.
(3)
All expenses incurred with the replacement or replanting
are to be borne by the person or organization causing the original
removal.
(4)
The replaced or replanted vegetation must have a survival
rate of at least 70% of the replaced or replanted vegetation at the
end of two years after the replacement or replanting. If the 70% survival
rate is not met at the end of the two-year period, sufficient additional
vegetation must be planted to achieve the 70% survival rate at the
end of an additional two-year period.
The Commission, any member thereof, and any
law enforcement officer may revoke any authorization or permit granted
to any person by or pursuant to these regulations if the Commission
or such member or officer concludes that such person has violated
any rule or regulation of the Commission, has failed to carry out
his plans and specifications as submitted, or has failed to comply
with the terms and conditions under which such authorization or permit
was granted.
[Amended 5-7-2007 ATM by Art. 24]
No material shall be dug, dredged, removed from,
or dumped or otherwise disposed of within any area under the control
of the Commission. No person shall remove, fill, dredge or alter any
bank, beach, dune, flat, marsh, meadow or swamp bordering on the ocean
or on any estuary, creek, river, stream, or pond, or any land under
said waters or any land subject to tidal action, coastal storm flowage,
or flooding, within the meaning of MGL c. 131, § 40, as
now and hereafter amended, within any area under the control of the
Commission. Any person or organization performing or causing to be
performed the above described activities shall remove, restore and
rehabilitate at their expense the area on which material has been
dug, dredged removed, dumped or otherwise disposed of. The removal,
restoration and rehabilitation shall be done as defined by and within
the time frame specified by the Conservation Commission. In addition
to the forgoing removal, restoration and rehabilitation, a fine in
accordance with paragraph 209-14 may be levied against the person
or organization causing the removal.
No person shall remove, deface or otherwise
damage any signs or structures in areas controlled by the Commission.
Cans, bottles, garbage and all other refuse
shall be taken away unless there is room for the same in any trash
barrel provided at the site.
No swimming is permitted in any freshwater areas
under the control of the Commission.
No person shall permit any animal owned by him
or in his custody or under his control to roam, or be at large in,
on or through any area controlled by the Commission.
No person shall drink or bring for drinking
any alcoholic beverage, as defined by MGL c. 138, into any area under
control of the Commission.
No person (except a law enforcement officer
in the performance of his duty) within any area controlled by the
Commission shall have in his possession or discharge or set off any
rifle, pistol, air gun, other firearm, fireworks, torpedo or explosive,
bow and arrow, or slingshot.
Any violation of these regulations shall be
punishable by a fine of not more than $100 for each offense.
The effective date of these regulations is October
1, 1974.
