The purpose of this chapter is to protect the
wetlands, related water resources and adjoining land areas of the
Town of Sunderland by prior review and control of activities deemed
by the Conservation Commission likely to have significant or cumulative
effect upon wetland values, including but not limited to the following:
public and private water supplies, groundwater, flood control, erosion
and sedimentation control, storm damage prevention, prevention of
water pollution, fisheries, wildlife, wildlife habitat, recreation
and aesthetic values (collectively to be known as the "wetlands protected
by this chapter").
Except as provided by this chapter or permitted
by the Sunderland Conservation Commission, no person shall remove,
fill, dredge, alter or build upon or within one hundred (100) feet
of the following resource areas: any freshwater wetland, riverine
wetland, marsh, wet meadow, bog or swamp, any bank or beach, any lake,
river, pond or stream, whether intermittent or continuous, natural
or man-made, any land under aforesaid waters, any land subject to
flooding or inundation by surface or ground water, storm flowage and
isolated wetlands, including kettle holes and seasonal wetlands.
The delineation of wetland boundaries must be
done by a person approved by the Conservation Commission as a competent
wetlands biologist, wetlands scientist or other qualified person.
At the time of an application request, the applicant
shall pay a filing fee specified in the regulations of the Commission.
This fee is in addition to that required by the Wetlands Protection
Act, MGL c. 131, § 40. In addition, the Commission is authorized
to require the applicant to pay the reasonable costs and expenses
borne by the Commission for specific expert engineering and consultant
services deemed necessary by the Commission to review the application.
Said payment can be required at any point in the deliberations prior
to a final decision rendered. Said services may include but are not
limited to wetland survey and delineation, hydrogeologic and drainage
analysis, wildlife evaluation and environmental/land use law. The
terms and conditions under which an expert engineer or consultant
may be hired at the applicant's expense shall be defined in the regulations
adopted pursuant to this chapter. The Commission may waive the filing
fee and costs and expenses for an application of request filed by
a government agency and may waive the filing fee for a request for
determination filed by a person having no financial connection with
the property which is the subject of the request.
Notices of intent under this chapter must include
evidence that the wetland boundaries were delineated as required above.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
Any person filing a permit application or a
request for determination with the Commission shall provide written
notice thereof at the same time, by certified mail or hand delivery,
to the Selectboard, Planning Board, Zoning Board of Appeals, Board
of Health, Highway Superintendent and Building Commissioner. The Commission
shall not take final action until to file written comments and recommendations
with the Commission, such boards and officials have had fourteen (14)
days from receipt of notice 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.
The following definitions shall apply in the
interpretation and implementation of this chapter:
ALTER
Includes, without limitation, the following activities when
undertaken to, upon or within or affecting resource areas protected
by this chapter:
A.
Removal, excavation or dredging of soil, sand,
gravel, clay, minerals or aggregate materials of any kind.
B.
Changing of preexisting drainage characteristics,
flushing characteristics, salinity distribution, 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 or 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
of trees.
I.
Changing water temperature, biochemical oxygen
demand or other physical, chemical or biological characteristics of
surface or ground water.
J.
Any activities, changes or work which may cause
or tend to contribute to pollution of any body of water or groundwater.
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.
Any person who violates any provision of this
chapter, regulations thereunder or permits issued thereunder shall
be punished by a fine of not more than three hundred dollars ($300.)
Each day or portion thereof during which a violation continues shall
constitute a separate offense, and each provision of the chapter,
regulations or permit violated shall constitute a separate offense.
This fine may be in addition to any levied under the Wetlands Protection
Act, MGL c. 131, § 40.
The applicant for a permit shall have the burden
of proving by a preponderance of credible evidence that the work proposed
in the application will not have any significant or cumulative detrimental
effect upon the wetland values protected by this chapter. 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 chapter is adopted under the Home Rule
Amendment of the Massachusetts Constitution and the Home Rule Statutes,
independent of the Wetlands Protection Act, MGL c. 131, § 40,
and the regulations thereunder.