Town of Hadley, MA
Hampshire County
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[HISTORY: Adopted by the Town Meeting of the Town of Hadley 5-1-2008 ATM by Art. 22. Amendments noted where applicable.]
No one shall fill, erect, or otherwise alter any land within 35 feet of a wetland or stream as defined in MGL c. 131, § 40 (the Wetlands Protection Act) and the regulations at 310 CMR 10.00, except for the normal maintenance or improvement of land in agricultural or aquacultural use.
This bylaw shall be enforced by the Conservation Commission, which may grant waivers at its sole discretion for access to land or where it finds that the waiver is necessary and that it will not harm the resources protected by this bylaw.
[Added 5-7-2009 ATM by Art. 14]
In addition to any other remedy available in law or in equity, any person who violates any provision of this bylaw or any order of the Conservation Commission issued thereunder may, solely at the option of the Conservation Commission, be subject to noncriminal prosecution pursuant to MGL c. 40, § 21D, in which case the Commission may apply the penalties listed below. The Commission may treat each day and/or each violation as a separate offense. This bylaw may be enforced by the Conservation Commission, by its agents, by a Commissioner so authorized by vote of the Commission, or by any police officer of the Town.
A. 
First offense: $50.
B. 
Second offense: $100.
C. 
Third and subsequent offense: $200.
[Added 5-6-2010 ATM by Art. 20]
The Conservation Commission may adopt rules and regulations for the administration of this bylaw after a public hearing.