The purpose of this bylaw is to protect the wetlands, water
resources and adjoining land areas in the Town of Harvard by controlling
activities deemed by the Conservation Commission likely to have a
significant or cumulative impact upon resource area values, including
but not limited to the following: public or private water supply,
groundwater, flood control, erosion and sedimentation control, storm
damage prevention, water quality, water pollution control, fisheries,
shellfisheries, wildlife habitat, rare species habitat including rare
plant species, agriculture, aquaculture, and recreation values deemed
important to the community (collectively, the "resource area values
protected by this bylaw"). This bylaw is intended to utilize the Home
Rule authority of the Town of Harvard to protect additional resource
areas, for additional values, with additional standards and procedures
stricter than those of the Wetlands Protection Act (MGL c. 131, § 40)
and regulations promulgated thereunder (310 CMR 10.00), subject, however,
to the rights and benefits accorded to agricultural uses and structures
of all kinds under the laws of the commonwealth.
Except as permitted by the Conservation Commission (sometimes hereinafter "Commission") or as provided in this bylaw, no person shall commence to remove, fill, dredge, build upon, degrade, discharge into, or otherwise alter the following resources: any wetlands; marshes; wet meadows; bogs; swamps; vernal pools; banks; reservoirs; lakes; ponds of any size; rivers; streams; creeks; beaches; dunes; estuaries; land subject to flooding; land under water bodies; and lands abutting any of the aforesaid resources as set out in §
119-7 of this bylaw (collectively, the "resource areas protected by this bylaw"). Said resource areas shall be protected whether or not they border surface waters.
The applicant for a permit shall have the burden of proving
by a preponderance of the credible evidence that the work proposed
in the permit application will not have unacceptable significant or
cumulative effect upon the resource area values protected by the bylaw.
Failure to provide adequate evidence to the Conservation Commission
supporting this burden shall be sufficient cause for the Commission
to deny a permit or grant a permit with conditions.
A decision of the Conservation Commission under this bylaw shall
be reviewable in the Superior Court Department of the Trial Court
of the commonwealth in accordance with MGL Chapter 249, Section 4.
This bylaw is adopted under the Home Rule Amendment of the Massachusetts
Constitution and the Home Rule statutes, independent of the Wetlands
Protection Act (MGL Chapter 131, Section 40) and the Regulations (310
CMR 1.00) promulgated thereunder.
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, approval or determination which previously
has been issued.