The purpose of this Bylaw is to protect wetlands, water resources,
flood-prone areas and adjoining land areas in this municipality by
controlling activities deemed by the Conservation Commission ("Commission")
likely to have significant or cumulative effect upon wetland values,
including but not limited to the following: public or private water
supply, groundwater, flood control, water pollution, erosion and sedimentation
control, storm damage prevention, fisheries, shellfish, wildlife habitat,
recreation, aesthetics, and agricultural values (collectively, the
"wetland values protected by the Bylaw").
Except as permitted by the Commission or as provided in this Bylaw, no person shall remove, fill, dredge, build upon or alter protected resource areas as defined in §
561-9.
[Amended 10-21-2019 FATM, Art. 20]
Any person filing a permit application or a request for determination
with the Commission shall provide copies thereof at the same time,
for distribution to the Select Board, Planning Board, Board of Appeals,
Board of Health, Building Inspector, the Town Engineer, and other
departments as deemed necessary. The Commission shall take no final
action until such boards and officials have had 14 days from the receipt
of the copies to file written comments and recommendations with the
Commission, which the Commission shall take into account but which
shall not be binding on the Commission. The applicant shall have the
right to receive any such comments and recommendations, and to respond
to them at a hearing of the Commission, prior to final action.
After public notice and public hearing, the Commission shall
promulgate rules and regulations to effectuate the purpose of this
Bylaw. 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 Bylaw. Regulations
shall include filing procedures.
The following definitions shall apply in the interpretation
and implementation of this Bylaw:
ABUTTER
Any landowner, as determined by the most recent assessors'
records, whose land abuts the property that is the subject of an application
or request, including whose land lies directly across any street,
road, river, stream, brook or creek from the said property, or whose
land is within 300 feet of the subject property.
ACTION BY THE COMMISSION
Where this Bylaw states that a particular action (except
receipt of a request or notice) is to be taken by the Commission,
that action shall be taken by more than half of the members present
at a meeting of at least a quorum.
ALTER
Includes, without limitation, the following activities when
undertaken to, upon, within or affecting areas protected by this Bylaw:
A.
Removal, excavation or dredging of soil, sand, gravel, or aggregate
materials of any kind;
B.
Changing of preexisting drainage characteristics, flushing characteristics,
sedimentation patterns, flow patterns, or flood retention characteristics;
C.
Drainage or other disturbance of water level or water table;
D.
Dumping, discharging or filling with any material which may
degrade water quality;
E.
Placing of fill, or removal of material, which would alter elevation;
F.
Driving of piles, erection or repair of buildings, or structures
of any kind;
G.
Placing of obstructions or objects in water;
H.
Destruction of plant life including cutting trees;
I.
Changing water temperature, biochemical oxygen demand, or other
physical or chemical characteristics of water;
J.
Any activities, changes or work which may cause or tend to contribute
to pollution of any body of water or groundwater.
APPLICANT
As used in these regulations, a person giving notice of intention
to remove, fill, dredge, build upon, or alter, or a person on whose
behalf such a notice is filed.
BANK
Is defined as it is in 310 CMR 10.00.
MARSH, BOG, WET MEADOW AND SWAMP
Are defined as they are in MGL c. 131, § 40, and
are collectively known as "vegetated wetlands." Credible evidence
as to wetland affinities of other vegetation in an area shall be considered
in making wetland determinations.
PERSON
Includes any individual, group of individuals, association,
partnership, corporation, company, business organization, trust, estate,
the commonwealth or political subdivision thereof to the extent subject
to town bylaws, administrative agency, public or quasi-public corporation
or body, this municipality, and any other legal entity, its legal
representatives, agents, or assigns.
PROTECTED RESOURCE AREA
The following areas: any bank, freshwater wetland, marsh,
bog, wet meadow, swamp, stream, river, pond, lake, vernal pool, or
any land bordering thereon, or any land subject to flooding or inundation.
Said resource areas shall be protected whether or not they border
surface water. "Bordering" in this context shall mean either: a) 100
feet horizontally lateral from any of the foregoing areas, or b) 100
feet horizontally lateral from the water elevation of the one-hundred-year
storm, whichever is the greater of a) or b); and c) land within 200
feet of the mean annual high-water line of any year-round river or
stream.
QUORUM
Is defined as it is in 310 CMR 10.05(2).
As part of a permit issued under this Bylaw in addition to any
security required by any other municipal or state board agency or
official, the Commission may require that the performance and observance
of the conditions imposed hereunder be secured wholly or in part by
one or more of the methods described below:
A. By a proper bond or deposit of money or negotiable securities or
other undertaking of financial responsibility sufficient in the opinion
of the Commission;
B. By a conservation restriction, easement or other covenant enforceable
in a court of law, executed and duly recorded by the owner of record,
running with the land to the benefit of this municipality whereby
the permit conditions shall be performed and observed before any lot
may be conveyed other than by mortgage deed.
The applicant for a permit shall have the burden of proving
by a preponderance of the credible evidence that the work proposed
in the application will not have unacceptable significant or cumulative
effect upon the wetland values protected by this Bylaw. Failure to
provide adequate evidence to the Commission supporting this burden
shall be sufficient cause for the Commission to deny a permit or grant
a permit with conditions.
This Bylaw is adopted under the Home Rule Amendment of the Massachusetts
Constitution and the Home Rule Procedures Act.
The invalidity of any section or provision of this Bylaw shall
not invalidate any other section or provision thereof, nor shall it
invalidate any permit or determination which previously has been issued.