This by-law is adopted by the Town under its police powers to protect public health and welfare and its powers under Massachusetts General Laws Chapter 40, Section 21 et seq. and implements the Town's authority to regulate water use pursuant to Massachusetts General Laws Chapter 41, Section 69B. This by-law also implements the Town's authority under Massachusetts General Laws Chapter 40, Section 41A, conditioned upon a declaration of water supply emergency issued by the Massachusetts Department of Environmental Protection.
[HISTORY: Adopted by the Town of Andover 4-29-2002 Annual Town Meeting, Art. 40. Amendments noted where applicable.]
The purpose of this by-law is to protect, preserve and maintain public health, safety and welfare whenever there is in force a state of water supply conservation or state of water supply emergency by providing for enforcement of any duly imposed restrictions, requirements, provisions or conditions imposed by the Town or by the Massachusetts Department of Environmental Protection.
[Amended 4-29-2025 ATM by Art. 30]
As used in this by-law, the following terms shall have the meanings indicated:
The Director of Public Works for the Town of Andover.
A use that is not required:
for health or safety reasons, including public facilities used for cooling such as splash pads and swimming pools, and for washing of boats, engines, or marine equipment to prevent negative saltwater impacts or the transfer of invasive aquatic species;
by permit, license, statute or regulation;
for the production of food, including vegetable gardens, and fiber;
for the maintenance of livestock;
to meet the core functions (those functions essential to the commercial operations) of a business, including but not limited to:
plant nurseries as necessary to maintain stock;
golf courses as necessary to maintain greens and tees, and limited fairway watering consistent 310 CMR 36.07(2)(c)2.a. through c.;
venues used for weddings or similar special events that limit watering to hand-held hose or drip irrigation as necessary to maintain gardens, flowers and ornamental plants;
professional washing of exterior building surfaces, parking lots, driveways and/or sidewalks as necessary to apply surface treatments such as paint, preservatives, stucco, pavement, or cement in the course of construction, reconstruction or renovation work;
for irrigation of public parks before 9:00 a.m. and after 5:00 p.m.;
for irrigation of public and private recreation fields, including those operated by schools, colleges, universities, and athletic associations, before 9:00 a.m. and after 5:00 p.m.;
for irrigation of publicly-funded shade trees and trees in the public right-of-way; or
to establish a new lawn as necessary to stabilize soil in response to new construction or following the repair or replacement of a Title 5 system.
Any individual, corporation, trust, partnership or association, or other entity.
The Andover municipal water supply system withdrawing water from Haggetts Pond.
The Massachusetts Secretary of the Executive Office of Energy and Environmental Affairs.
A state of water supply conservation declared by the Town pursuant to § 4 of this by-law.
All public and private users of the Town's public water system, irrespective of any person's responsibility for billing purposes for water used at any particular facility/location.
[Amended 4-29-2025 ATM by Art. 30]
The Town, through the Select Board, may declare a state of water supply conservation within the Town's public water supply system upon a determination by the Director that a shortage of water exists and conservation measures are appropriate to ensure an adequate supply of water to all water consumers. Public notice, of a state of water supply conservation shall be given under § 6 of this by-law before it may be enforced.
Notwithstanding the above, a state of water supply conservation shall be automatically triggered by the Secretary’s drought declaration for the drought region, county, or watershed in which the Town’s water supplies are located.
[Amended 4-29-2025 ATM by Art. 30]
A declaration of a state of water supply conservation may include one or more of the following restrictions, conditions or requirements limiting the use of water either Town-wide or as limited by the Select Board as necessary to protect the public water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 6.
1.
Level I (Mild Drought). All nonessential outdoor water uses restricted to no more than one day per week, before 9:00 a.m. and after 5:00 p.m., except that watering of ornamentals and flower gardens with drip irrigation, hand-held hose or watering cans may be permitted.
2.
Level 2 (Significant Drought). All nonessential outdoor water uses banned, except that watering of ornamentals and flower gardens with drip irrigation, hand-held hose or watering cans may be permitted.
3.
Level 3 (Critical Drought) or Level 4 (Drought Emergency). All nonessential outdoor water uses are banned.
Notification of any provision, restriction, requirement or condition imposed by the Town as part of a State of Water Supply Conservation shall be published in a newspaper of general circulation within the Town, or by such other means reasonably calculated to reach and inform all users of Town water of the state of water supply conservation. Any restriction imposed under § 5 shall not be effective until such notification is provided. Notification of the State of Water Supply Conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection.
A state of water supply conservation may be terminated by vote of the Select Board upon a determination that the water supply shortage no longer exists. Public notification of the termination of a state of water supply conservation shall be given in the same manner required by § 6.
Upon notification to the public that the Massachusetts Department of Environmental Protection has issued a state of water supply emergency, no person shall violate any provision, restriction, requirements or condition or any order approved or issued by the Department intended to bring about an end to the state of water supply emergency.
Any person violating this by-law shall be subject to a warning for the first offense and thereafter shall be liable to the Town in the amount of $50 for the second violation and $100 for each subsequent violation, which shall inure to the Town for such uses as the Select Board may direct. Fines shall be recovered by indictment, or on complaint before the District Court, or by noncriminal disposition in accordance with Section 21D of Chapter 40 of the provisions of the Massachusetts General Laws. For purposes of noncriminal disposition, the enforcing person(s) shall be any police officer of the Town of Andover. Each day of violation shall constitute a separate offense.
The invalidity of any portion or provision of this by-law shall not invalidate any other portion or provision thereof.