[Amended 5-17-1988 ATM by Art. 95, approved 9-28-1988; 4-8-1996 ATM by Art.
47, approved 7-15-1996; 4-10-2000 ATM by Art. 62, approved 8-2-2000; 4-12-2004 ATM by Art. 52, approved 9-3-2004]
Through its authority to promulgate regulations pursuant to § 136-7, the Conservation Commission shall adopt definitions to effectuate the purposes of this chapter.
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The definitions for "agricultural practices," "alter," and "person" shall be included in the Nantucket Wetland Regulations, subject to future revision as set forth in § 136-7. The Commission is directed to revise its regulations pursuant to § 136-7 to incorporate the current definition for "habitat" into the definitions for "habitat" contained within the Wetland Regulations, prior to this amendment taking effect.
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[Amended 4-8-1996 ATM by Art. 47, approved
7-15-1996]
The purpose of this chapter is to protect the
wetlands of the Town of Nantucket by controlling activities deemed
to have a significant or cumulative effect upon wetland values, including
but not limited to the following: public or private water supply,
groundwater, flood control, erosion control, storm damage prevention,
water pollution, fisheries, shellfish, wildlife, rare species, including
rare, threatened or endangered plant species and animals and habitats,
recreation and wetland scenic views (collectively, "the interests
protected by this chapter"). This chapter is intended to utilize the
Home Rule Authority of this municipality to protect additional resource
areas for additional values, with additional standards and procedures
in addition to those of the Wetlands Protection Act, MGL c. 131, § 40,
and regulations thereunder, 310 CMR 10.00.
[Amended 4-12-2004 ATM by Art. 51, approved 9-3-2004]
An emergency project is an activity in a resource
area or its buffer that is necessary to protect the public health
and safety, and which, because of the conditions giving rise to the
emergency, to be performed effectively cannot await compliance with
the notice requirements and appeal periods associated with the filing
of a notice of intent or request for determination of applicability.
An emergency project may proceed only upon the issuance of an emergency
certification from the Conservation Commission, which shall comply
with the following procedures:
A. Any person requesting to undertake an emergency project
shall specify why the project is necessary for the protection of the
public health and safety and which agency or subagency of the Commonwealth
of Massachusetts is to perform the project or has ordered the project
to be performed;
B. An emergency certification shall be issued only for
the protection of public health or safety;
C. If the project is certified to be an emergency by
the Conservation Commission, the certification shall include a description
of the work which is to be allowed and shall not authorize work different
or more extensive than that necessary to abate the emergency which
gave rise to that certification;
D. An emergency permit shall be issued only following
a site inspection by a member of the Conservation Commission, or an
authorized representative thereof;
E. All work performed pursuant to an emergency certification
shall be completed within 30 days of issue;
F. Within 21 days of commencement of an emergency project,
a notice of intent, or, where appropriate, a request for determination
of applicability, shall be filed with the Conservation Commission
for review as provided by this chapter. In the event that such a filing
is not timely received by the Conservation Commission, or is incomplete,
or such filing is denied for any reason, the Commission may revoke
or modify an emergency project certification and/or order appropriate
restoration and mitigation measures.
[Amended 5-17-1988 ATM by Art. 95, approved
9-28-1988]
Any person who purchases, inherits or otherwise
acquires real estate upon which work has been done in violation of
the provisions of this chapter or in violation of any permit issued
pursuant to this chapter shall forthwith comply with any such order
or restore such land to its condition prior to any such violation;
provided, however, that no action, civil or criminal, shall be brought
against such person unless commenced within three years following
the date of acquisition of the real estate by such person or five
years after the violation, whichever is earlier.
After due notice and public hearing, the Commission
may promulgate rules and regulations to effectuate the purposes of
this chapter. Failure by the Commission to promulgate such rules and
regulations or a legal declaration of their invalidity by a court
of law shall not act to suspend or invalidate the effect of this chapter.
The applicant shall have the burden of proving
by a preponderance of the credible evidence that the work proposed
in the application shall not harm the interests protected by this
chapter. Failure to provide adequate evidence to the Commission supporting
a determination that the proposed work will not harm the interests
protected by this chapter shall be sufficient cause for the Commission
to deny a permit or grant a permit with conditions or, in the Commission's
discretion, to continue the hearing to another date to enable the
applicant or others to present additional evidence.
The Commission may require, as a permit condition,
that the performance and observance of other conditions be secured
by one or both of the following methods:
A. By a bond or deposit of money or negotiable securities
in an amount determined by the Commission to be sufficient and payable
to the Town of Nantucket. The bond shall be released by the Commission
only after the Commission issues a certificate of compliance.
[Amended 5-17-1988 ATM by Art. 95, approved
9-28-1988]
B. By a conservation restriction, easement or other covenant
running with the land, executed and properly recorded (or registered,
in the case of registered land).
[Amended 4-10-1989 ATM by Art. 126, approved
7-4-1989]
A. Any person who violates any provision of this chapter
or of any condition of a permit issued pursuant to it 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; if
more than one, each condition violated shall constitute a separate
offense. The fine set forth herein is in addition to any fine levied
under the Wetlands Protection Act, MGL c. 131, § 40. This
chapter may be enforced pursuant to MGL c. 40, § 21D, by
a Town police officer or other officer having police powers.
B. Upon request of the Commission, the Select Board and
Town Counsel shall take such civil legal actions, including the bringing
of actions for injunctive and monetary relief, as may be necessary
to enforce this chapter and permits issued pursuant to it. Upon request
of the Commission, the Chief of Police shall take such legal actions
under the criminal law as may be necessary to enforce this chapter
and permits issued pursuant to it.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]