[HISTORY: Adopted by the Town of Braintree STM 5-4-1999 by
Art. 27. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Commission — See Ch. 2.720.
A.
Findings of fact.
(1)
The wetland areas of Braintree are indispensable but fragile
natural resources subject to flood, erosion, soil-bearing capacity
limitations and other hazards. In their natural state, they serve
multiple functions for storage and passage of floodwaters, pollution
control, wildlife, aquifer recharge, erosion control, protection of
groundwater quality, education, scientific study, open space and recreation.
(2)
Considerable acreage of these important wetland areas has been
lost or impaired by draining, dredging, excavating, filling, building,
pollution and other acts inconsistent with the natural uses of such
areas. Other wetlands are in jeopardy of being lost, despoiled or
impaired by such acts, contrary to the public safety and welfare.
(3)
It is therefore the policy of Braintree to protect its citizens,
including generations yet unborn, by preventing the despoliation and
destruction of wetlands.
B.
Purpose. The purpose of this chapter is to protect wetlands, water
resources, groundwater quality and adjoining areas in Braintree by
regulating activities deemed by the Conservation Commission (Commission)
likely to have a significant or cumulative effect upon the following
wetland values: public or private water supply, flood control, water
quality, groundwater, storm damage prevention, including coastal storm
flowage, erosion and sedimentation control, water pollution control,
fisheries, shellfish, wildlife habitat, rare species habitat, recreation
and aesthetics (the "wetland values protected by this chapter").
Except as permitted by the Commission or as provided in this
chapter, no person shall remove, fill, dredge, build upon, degrade,
discharge into or otherwise alter any:
A.
Freshwater wetland, coastal wetland, marsh, wet meadow, bog, swamp,
bank, dune, beach or land within 100 feet of any of the aforesaid
resource areas (the one-hundred-foot buffer zone); land under a lake,
pond, creek, river, stream (whether natural or man-made, intermittent
or continuous), estuary or ocean;
B.
Land subject to flooding or inundation by groundwater or surface
water;
C.
Land subject to tidal action, coastal storm flowage or flooding;
D.
Land which may cause degradation or change to the physical characteristics
of groundwater;
E.
Alteration of land which requires the creation of detention or retention
ponds or basins, 1,000 square feet in size or greater, which are required
to control drainage for siltation or surface runoff; or
F.
Riverfront area.
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(These are the "resource areas" protected by this chapter. Such
resource areas shall be protected whether or not they border surface
waters.)
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A.
Notice of intent.
(1)
A written notice of intent (notice) shall be filed with the
Commission to perform activities affecting the resource areas protected
by this chapter. The notice shall include such information and plans
deemed necessary by the Commission to describe proposed activities
and their effects on the resource areas. No activity shall commence
without receiving and complying with a permit issued pursuant to this
chapter.
(2)
The Commission in an appropriate case may accept, as a notice
under this chapter, a notice of intent filed under the Massachusetts
Wetlands Protection Act, MGL c. 131, § 40, and Wetlands
Protection Act regulations, 310 CMR 10.00.
(3)
With the filing of a notice, an applicant shall pay a fee as
set by the Commission. The fee is in addition to that required by
MGL c. 131, § 40, and 310 CMR 10.00.
B.
Request for determination of applicability. Any person desiring to
know whether or not a proposed activity or an area is subject to this
chapter may request, in writing, a determination from the Commission.
Such a request for determination of applicability (request) shall
include information and plans deemed necessary by the Commission.
C.
Waiver of fees, costs and expenses. The Commission may waive all
filing fees, costs and expenses associated with a notice or request
by a government agency or nonprofit organization.
A.
Any notice/request required by this chapter shall not be required
for maintaining, repairing or replacing (but not substantially changing
or enlarging) an existing and lawfully located structure or facility
used in the service of the public to provide electric, gas, water,
telephone, telegraph or other telecommunication services, provided
that:
B.
Emergency projects.
(1)
Any notice/request required by this chapter shall not be required
for emergency projects necessary to protect the health and safety
of the public, provided that:
(a)
The work is performed by or is ordered by an agency of the commonwealth
or a political subdivision thereof;
(b)
Advance notice (oral or written) has been given to the Commission
prior to commencement of work or within 24 hours after commencement;
(c)
The Commission or its agent certifies the work as an emergency
project;
(d)
The work is performed only for the time and place certified
by the Commission for the limited purposes necessary to abate the
emergency; and
(e)
Within 21 days of commencement of work, a notice/request shall
be filed for review as provided by this chapter.
(2)
Upon failure to meet these or other requirements of the Commission,
the Commission may, after notice and a public hearing, revoke or modify
an emergency project approval and order restoration and mitigation
measures.
C.
Any other exception provided in MGL c. 131, § 40, and 310
CMR 10.00 shall not apply under this chapter.
A.
Names and addresses of abutters.
(1)
Parties of interest for a notice/request shall include:
(a)
Applicant and the owner (if different from the applicant) of
the parcel(s) to which a notice/request relates.
(b)
Owners of all parcels of land that are adjacent to the parcel(s)
to which a notice/request relates.**
(c)
Owners of parcels of land directly opposite on a public way
or street or water body to which a notice/request relates.**
(d)
The Conservation Commission of an adjacent municipality if the
parcel(s) to which a notice/request relates is within 100 feet of
a municipal boundary line.
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**Such persons are parties of interest even if their land lies
in another city or town.
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(2)
The identity of all parties of interest listed above shall be
taken from the most recent tax list of the applicable city or town.
(3)
If notice is required to be given to the owner of any portion
of a condominium as a party of interest and if the units within the
condominium are separately assessed, each unit owner within the condominium
as well as the association of unit owners are parties of interest.
B.
Notice of public hearing (hearing).
(1)
Notice of any hearing required by this chapter shall be made
in a newspaper of general circulation in the Town not less than five
working days prior to the date of the hearing. In calculating the
five-day period, the day of publication shall be counted but the day
of the hearing shall be excluded.
(2)
Notice of any hearing required by this chapter shall be posted
in a conspicuous place in Town Hall at least five working days prior
to the date of the hearing.
(3)
Notice of any hearing required by this chapter shall be sent
by mail to all parties of interest at least five work days prior to
the date of the hearing.
(4)
All notices of hearings required by this chapter shall be prepared
by the Department of Planning and Conservation and shall include the
following information:
(a)
Name of the applicant;
(b)
Subject matter of the hearing;
(c)
Description of proposed activities;
(d)
Address or other adequate identification of the location of
the parcel(s) to which a notice/request relates;
(e)
Date, time and place of the public hearing;
(f)
Wetland resource areas impacted; and
(g)
Location where the notice/request may be review.
(5)
Should a party of interest not receive a notice of a hearing,
the Commission may accept a waiver of notice or an affidavit of actual
notice from such party or may order special notice to such party giving
five additional days to reply.
(6)
If the Commission fails to comply with any notice requirement,
the Commission may continue the hearing until the notice requirement
has been satisfied.
C.
Public hearing.
(1)
Within 21 days of receipt of a completed notice/request, the
Commission shall conduct a hearing on the notice/request unless an
extension is authorized, in writing, by the applicant.
(2)
The Commission in an appropriate case may combine its hearing
under this chapter with the hearing conducted under MGL c. 131, § 40,
and 310 CMR 10.00.
(3)
An applicant may appear on his own behalf or may be represented
by an agent or attorney. If an applicant or a representative does
not appear at the hearing, the Commission may, in its discretion,
decide the matter using the information it has received.
(4)
The Commission shall have authority to continue a hearing for
the following reasons:
(5)
If a hearing is continued to a date, time and place certain
which is announced at the hearing, no additional notice shall be required.
If a hearing is not continued to a date, time and place certain, the
hearing shall reconvene within 21 days after the submission of a specified
piece of information or the occurrence of a specified action and the
notice requirements as set forth in this chapter shall apply to the
continued hearing.
(6)
A hearing shall be closed by vote of the Commission when all
pertinent information has been placed on the record and the Commission
has determined that all of its questions have been answered.
D.
Conservation Commission decisions.
A.
If at any point during its review the Commission determines that
the assistance of outside consultants is warranted due to the size,
scale or complexity of a notice/request, the Commission shall require
an applicant to pay any reasonable costs incurred by the Commission
for the employment of such consultants. The Commission may engage
wetlands scientists, engineers, planners or other appropriate professionals.
B.
In such instances, the Commission shall notify the applicant of the
need to engage a consultant and shall provide the opportunity for
the notice/request to be amended or withdrawn.
C.
An applicant may take an administrative appeal of the selection of
a consultant to the Board of Selectmen. The grounds for such appeal
shall be limited to claims that the consultant selected has a conflict
of interest or does not possess the minimum qualifications. Minimum
qualifications shall consist either of an educational degree in, or
related to, the field at issue or three or more years of practice
in the field at issue or a related field. The required time limit
for action on a notice/request by the Commission shall be extended
by the duration of an administrative appeal. If no decision is rendered
by the Selectmen within 30 days following the filing of the appeal,
the selection made by the Commission shall stand.
D.
Consultant fee to be reimbursed shall reflect reasonable cost and
expenses and shall be based on the following schedule:
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Project Cost
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Maximum Fee
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Up to $100,000
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$10,000
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$100,001 to $500,000
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$15,000
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$500,001 to $1,000,000
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$17,500
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$1,000,001 to $1,500,000
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$20,000
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$1,500,001 to $2,000,000
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$20,500
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Each additional $500,000 project cost increment over $2,000,000
shall be charged at an additional $5,000 maximum fee per increment.
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E.
An applicant shall submit an estimate of project costs at the Commission's
request. "Project costs" shall mean the cost of the total project,
including, but not limited to, site preparation, building construction,
landscaping, and site improvements. A project shall not be segmented
to reduce the amount of the consultant fee. Failure to provide such
estimate shall not relieve an applicant of the obligation to pay the
consultant fee. Failure of an applicant to furnish the required funds
shall be grounds for denial of a notice.
A.
Notice of any hearing required by this chapter shall be provided
by the Commission, at least five work days prior to the date of the
hearing, to the Board of Selectmen, Planning Board, Zoning Board of
Appeals, Board of Health, Town Engineer, Building Inspector and Water
and Sewer Commission.
B.
The Commission shall not take final action on a notice/request until
it has received reports from the above-cited boards and officials
or until 14 days have elapsed from the date of notice without the
submission of a report.
C.
The Commission shall take the reports into account but the reports
shall not be binding on the Commission. The applicant shall have the
right to review and respond to any report.
A.
Determinations.
(1)
The Commission shall have the authority, after a hearing on
a request, to determine whether a specific parcel of land contains
resource areas protected under this chapter. If the Commission finds
that no such resource areas are present, it shall issue a negative
determination.
(2)
The Commission shall have the authority, after a hearing on
a request, to determine whether the activities which are the subject
of the request are likely to have a significant detrimental effect
upon the resource areas protected under this chapter. If the Commission
finds that the activities are not likely to have a significant detrimental
effect upon any resource areas, it shall issue a negative determination.
If the Commission finds that the activities are likely to have a significant
detrimental effect upon any resource areas, it may require the filing
of a notice on the activities.
B.
Permits.
(1)
If, after a hearing, the Commission determines that the activities
which are the subject of a notice or the land and water uses which
will result therefrom are likely to have a significant individual
or cumulative impact upon the resource areas protected by this chapter,
it shall issue or deny a permit for the activities requested.
(2)
The Commission shall issue a permit only if it finds that the
applicant has demonstrated by a preponderance of the evidence that
the activities proposed will:
(a)
Result in minimum feasible alteration or impairment of the wetland's
functional characteristics and its existing contour, vegetation, fish
and wildlife resources and hydrological conditions;
(b)
Not adversely effect a rare species;
(c)
Not cause significant degradation of groundwater or surface
water quality;
(d)
Comply with all applicable state, local and federal laws, including
those related to sediment control, pollution control, and floodplain
zoning;
(e)
Provide a buffer zone of not less than 25 feet between wetlands
and upland activities for those portions of a regulated activity that
need not be conducted in the wetland. Alterations to existing single-family
houses and lots shall be exempt from this requirement;
(f)
Comply with this chapter and the Commission's regulations,
including those pertaining to wetland creation and restoration; and
(g)
Not degrade or alter groundwater quality.
(3)
The Commission may attach to a permit such conditions it deems
necessary to carry out the purposes of this chapter. Such conditions
may include, but not be limited to:
(a)
Limitation on the total portion of any lot or the portion of
the resource areas on a lot that may be graded, filled or otherwise
modified;
(b)
Requirements that structures be elevated or otherwise protected
against natural hazards;
(c)
Modification of waste disposal and water supply facilities;
(d)
Imposition of operational controls and deed restrictions concerning
future use of lands such as flood warnings, reservation of undeveloped
areas as open space and limitations on vegetation removal;
(e)
Dedication of easements to protect resource areas;
(f)
Setbacks for structures, deposit of fill and other activities
from resource areas;
(g)
Replanting of wetland vegetation and construction of new wetland
areas to replace damaged or destroyed wetlands;
(h)
Modifications in project design to ensure continued water supply
to wetlands and circulation of waters;
(i)
Erosion control and stormwater management measures;
(j)
Time limitation on the commencement of construction and/or the
completion of the approved development;
(k)
Establishment of vegetated buffers separating and protecting
resource areas from proposed activities.
(4)
Denial of permit.
(a)
The Commission is empowered to deny a permit:
[1]
For failure to meet the requirements of this chapter;
[2]
For failure to submit necessary information and
plans requested by the Commission;
[3]
For failure to meet the design specifications,
performance standards and other requirements as set by the regulations
of the Commission;
[4]
For failure to avoid or prevent unacceptable significant
or cumulative effects upon the wetland values protected by this chapter;
[5]
Where no conditions are adequate to protect those
values; or
(b)
In denying a permit, due consideration shall be given to any demonstrated
hardship on the applicant as presented at the hearing.
C.
Buffer zone. Lands within the one-hundred-foot buffer zone are presumed
important to the protection of wetland areas because activities undertaken
in close proximity to such areas have a high likelihood of adverse
impacts upon them as a consequence of construction or as a consequence
of daily operation or existence of such activities. Impacts may include,
without limitation, erosion, siltation, loss of groundwater recharge,
poor water quality and loss of wildlife habitat. The Commission therefore
shall require an applicant to maintain, at a minimum, a continuous
undisturbed vegetative strip abutting a wetland 25 feet in width and
may set other conditions as it deems necessary, unless the applicant
provides evidence deemed sufficient by the Commission that the buffer
zone may be disturbed without harm to the values protected by this
chapter. Alterations to existing single-family houses and lots shall
be exempt from this requirement.
D.
Riverfront area.
(1)
A permit may be issued for activities within a riverfront area,
provided that:
(a)
The applicant complies with all applicable requirements of this
chapter;
(b)
The applicant proves by a preponderance of the evidence that
there is no practicable alternative to the proposed project with less
adverse impacts; and
(c)
Should there be no practicable alternative, such activities,
including proposed mitigation measures, will have no significant adverse
impact upon resource areas or wetland values protected by this chapter.
(2)
The Commission shall regard as practicable an alternative which
is reasonably available and capable of being done after taking into
consideration proposed property use, overall project purposes, logistics,
existing technology, costs of the alternatives and overall project
costs.
E.
Wetlands loss; replication.
(2)
As a condition of a permit issued or as an enforcement action
under this chapter, the Commission may require that the applicant
restore or create wetlands in order to offset, in whole or in part,
the losses resulting from an applicant's or violator's actions.
In making a determination of whether such a requirement will be imposed
and, if so, the degree to which it would be required, the Commission
will consider the following:
(a)
The long- and short-term effects of the action upon the wetland
and associated aquatic ecosystem and the reversible or irreversible
nature of the impairment or loss;
(b)
The type and benefit of the wetland functions and associated
resource lost;
(c)
The type, size and location of the wetland altered and the effect
it may have upon the remaining watershed of which the wetland is a
part;
(d)
Observed or predicted trends with regard to the gains or losses
of this type of wetland in the watershed, in light of natural and
human process;
(e)
The cost and likely success of the possible compensation measures
in relation to the magnitude of the proposed project or violation;
and
(f)
The degree to which an applicant has made a good-faith effort
to incorporate measures to avoid or minimize wetland impacts from
the proposed project.
F.
Length of permit.
(1)
A permit shall expire one year from the date of issuance. Notwithstanding
the above, the Commission in its discretion may issue a permit expiring
five years from the date of issuance for recurring or continuous maintenance
work, provided that annual notification of time and location of work
is given to the Commission.
(2)
A permit may be renewed for additional one-year periods, provided
that:
(a)
A request for renewal is received in writing by the Commission
at least 30 days prior to expiration of the permit;
(b)
The Commission finds that good cause has been shown for such
extension; and
(c)
Such extension will not have significant adverse effect upon
any of the wetland values protected by this chapter.
(3)
Notwithstanding the above, a permit may contain requirements
which shall be enforceable for a stated number of years, indefinitely
or until permanent protection is in place.
(4)
If the activities authorized under a permit are not completed
or operations totally cease within the time period indicated on the
approved permit, the developer shall be required to restore the natural
appearance and biological character of affected resource areas to
the conditions prior to institution of the development to the maximum
extent practicable.
G.
Modification; recision. After notice and a hearing pursuant to § 12.20.050
of this chapter, the Commission may modify, suspend or revoke a permit
if it finds that the applicant has not complied with the conditions
set forth in a permit or has exceeded the scope of work set forth
in a notice.
H.
Relationship to MGL c. 131, § 40, and 310 CMR 10.00. The
Commission in an appropriate case may combine the permit issued under
this chapter with the order of conditions issued under MGL c. 131,
§ 40, and 310 CMR 10.00.
I.
Recording of permit. No work authorized by any permit issued by the
Commission shall be undertaken until such permit has been recorded
in the Registry of Deeds and/or land court and until the holder of
the permit certifies, in writing, to the Commission that the permit
has been recorded.
A.
After notice and hearing, the Commission shall promulgate rules and
regulations to effectuate the purposes of this chapter. At a minimum
these regulations shall define key terms in this chapter not inconsistent
with this chapter, establish procedures governing the filing of a
notice or request and set fees for the processing of a notice.
B.
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 chapter.
Words or phrases used in this chapter shall be defined as follows.
Where ambiguity exists, words or phrases shall be interpreted so as
to give this chapter its most reasonable application in carrying out
the regulatory purpose.
Includes any of the following:
Removing, excavating, or dredging of soil, sand, gravel or aggregate
materials of any kind;
Changing preexisting drainage, flood retention or flushing characteristics,
salinity distribution, sedimentation patterns or flow patterns;
Drainage or other disturbance of water level or water table;
Dumping, discharging or filling with any material which may
degrade water quality;
Placing of fill or removal of material which would alter elevation;
Driving of piles, erection or repair of buildings or structures
of any kind;
Placing of obstructions or objects in water;
Destruction of plant life, including cutting of trees;
Changing temperature, biochemical oxygen demand or other physical,
biological or chemical characteristics of any water;
Any activities, changes or work which may cause or tend to contribute
to pollution of any body of water or groundwater;
Application of pesticides or herbicides;
Incremental activities which have, or may have, a cumulative
adverse effect on the resource areas protected by this chapter.
The person filing a notice/request under this chapter.
The land area which normally abuts and confines a water body,
the lower boundary being the mean annual low flow level and the upper
boundary being the first observable break in the slope or the mean
annual flood level, whichever is higher.
Areas where standing or slowly running water is near or at
the surface during a normal growing season and where a vegetational
community has a significant portion of the ground or water surface
covered with sphagnum moss (sphagnum) and where the vegetational community
is made up of a significant portion of one or more of, but not limited
to nor necessarily including all, of the following plants or groups
of plants: aster (Aster nemoralis), azaleas (Rhododendron canadense
and R. viscosum), black spruce (Picea mariana), bog cotton (Eriophorum),
cranberry (Vaccinium macrocarpon), highbush blueberry (Vaccinium corymbosum),
larch (Larix laricina), laurels (Kalmia angustifolia and K. polifolia),
leatherleaf (Chamaedaphne calyculata), orchids (Arethusa, Calopogon,
Pogonia), pitcher plants (Sarracenia purpurea), sedges (Cyperaceae),
sundews (Droseraccae), sweet gale (Myrica gale), white cedar (Chamaecyparis
thyoides).
Any bank, marsh, swamp, meadow, flat or other lowland subject
to tidal action or coastal storm flowage.
Any basin that is excavated on site to control drainage of
runoff on site. This shall also include all detention/retention basins
to control the release of runoff for the site to an off-site drainage
system, including streams, storm drains, rivers or other bodies of
water.
Wet meadows, marshes, swamps, bogs, areas where groundwater,
flowing or standing surface water or ice provides a significant part
of the supporting substrate for a plant community for at least five
months of the year; emergent and submergent plant communities in inland
waters; that portion of any bank which touches any inland waters.
Areas were a vegetational community exists in standing or
running water (fresh or salt) during the growing season and where
a significant part of the vegetational community is composed of, but
not limited to nor necessarily including all, of the following plants
or groups of plants: arums (Araceae), bladder worts (Utricularia),
bur reeds (Sparganiaceae), buttonbush (Cephalanthus occidentalis),
cattails (Typha), duck weeds (Lemnaceae), eelgrass (Vallisneria),
frog bits (Hydrocharitaceae), horsetails (Equisetaceae), hydrophilic
grasses (Gramineae), leatherleaf (Chamaedaphne calyculata), pickerel
weeds (Pontederiaceae), pipeworts (Eriocaulon), pond weeds (Potamogeton),
rushes (Juncaceae), sedges (Cyperaceae), smartweeds (Polygonum), sweet
gale (Myrica gale), water milfoil (Halcragaceae), water lilies (Nymphaeaceae),
water starworts (Callitrichaceae), water willow (Decodon verticillatus).
With respect to a river, the line that is apparent from visible
markings or changes in the character of soils or vegetation due to
the prolonged presence of water and which distinguishes between predominantly
aquatic and predominantly terrestrial land. The mean high-tide line
shall serve as the mean annual high-water line for tidal rivers.
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 open body of fresh water with a surface area observed
or recorded within the last 10 years of at least 2,500 square feet.
Ponds shall contain standing water except periods of extended drought.
Not included as ponds are swimming pools, artificially lined ponds
or pools or constructed wastewater lagoons.
Without limitation, all vertebrate and invertebrate animal
and plant species listed as endangered, threatened, or of special
concern by the Massachusetts Division of Fisheries and Wildlife.
A natural flowing body of water that empties to any ocean,
lake, or other river and which flows throughout the year and is identified
on the most recent USGS topographic map of the Town or on a map provided
by the Commonwealth of Massachusetts.
That area of land situated between a river's mean annual
high-water line and a parallel line located a maximum 200 feet away,
measured outward horizontally from the river's mean annual high-water
line. (The Commission may, after a public hearing, designate a riverfront
area of less than 200 feet for densely developed areas.) This definition
shall not create a buffer zone, so-called, beyond such riverfront
area. The riverfront area shall not include land now or formerly associated
with historic mill complexes in existence prior to 1946 and situated
landward of the waterside facade of a retaining wall, building, sluiceway,
or other structure existing on the effective date of this chapter.
The riverfront area shall not apply to any mosquito control work done
under the provisions of clause (36) of MGL c. 40, § 5, of
MGL c. 252 or of any special act, and to construction, expansion,
repair, maintenance or other work on piers, docks, wharves, boat houses,
coastal engineering structures, landings, and all other structures
and activities subject to licensing or permitting under MGL c. 91
and its regulations, provided that such structures and activities
shall remain subject to statutory and regulatory requirements under
MGL c. 91 and MGL c. 131, § 40, or is the site of any project
authorized by special act prior to January 1, 1973.
The line located at the outside edge of the riverfront area.
Areas where groundwater is at or near the surface of the
ground for a significant part of the growing season or where runoff
water from surface drainage frequently collects above the soil surface,
and where a significant part of the vegetational community is made
up of, but not limited to nor necessarily including all of the following
plants or groups of plants: alders (Alnus), ashes (Fraxinus), azaleas
(Rhododendron canadense and R. viscosum), black alder (Ilex verticillata),
black spruce (Picea Mariana), buttonbush (Cephalanthus occidentals),
American or white elm (Ulmus americana), white Hellebore (Veratrum
viride), hemlock (Tsuga canadensis), highbush blueberry (Vaccinium
corymbosum), larch (Larix laricina), cowslip (Caltha palustris), poison
sumac (Toxicodendron vernix), red maple (Acer rubrum), skunk cabbage
(Symplocarpus foetidus), sphagnum mosses (Sphagnum), spice bush (Lindera
benzoin), black gum tupelo (Nyssa sylvatica), sweet pepperbush (Clethra
alnifolia), white cedar (Chamaecyparis thyoides), willow (Salicaceae).
A confined basin depression which, at least in most years,
holds water for a minimum of two continuous months during the spring
and/or summer, and which is free of adult fish populations, as well
as the area within 100 feet of the mean annual boundary of such a
depression.
Areas where groundwater is at the surface for the significant
part of the growing season and near the surface throughout the year
and where a significant part of the vegetational community is composed
of various grasses, sedges and rushes; made up of, but not limited
to nor necessarily including all of the following plants or groups
of plants: blue flag (Iris), vervain (Verbena), thoroughwort (Eupatorium),
dock (Rumex), false loosestrife (Ludwigia), hydrophilic grasses (Gramincae),
loosestrife (Lythrum), marsh fern (Dryopteris thelypteris), rushes
(Juncaceae), sedges (Cyperaceae), sensitive fern (Onoclea sensibilis),
smartweed (Polygonum).
As a condition of a permit issued under this chapter, the Commission
may require that the performance and observance of the conditions
imposed thereunder (including conditions requiring mitigation work)
be secured wholly or in part by a proper bond, deposit of money, negotiable
securities or other undertaking of financial responsibility sufficient
in the opinion of the Commission. The particular amount and the conditions
of such surety shall be consistent with the purpose of this chapter.
A.
No person shall:
(1)
Remove, fill, dredge, build upon, degrade or otherwise alter
resource areas protected by this chapter or cause, suffer or allow
such activities;
(2)
Leave in place unauthorized fill or otherwise fail to restore
illegally altered land to its original condition;
(3)
Fail to comply with a permit or an enforcement order issued
pursuant to this chapter.
B.
The Commission or its agents and employees shall have authority to
enter upon privately owned land for the purpose of performing their
duties under this chapter and may make or cause to be made such examinations,
surveys, or sampling as the Commission deems necessary, subject to
the constitutions and laws of the United States and the commonwealth.
C.
The Commission shall have authority to enforce this chapter and its
regulations and permits issued thereunder by violation notices, administrative
orders and civil and criminal court actions. Any person who violates
provisions of this chapter may be ordered to restore the property
to its original condition and take other action deemed necessary to
remedy such violations, or may be fined, or both.
D.
Upon request of the Commission, the Board of Selectmen and the Town
Counsel shall take legal action for enforcement under civil law. Upon
request of the Commission, the Chief of Police hall take legal action
for enforcement under criminal law.
E.
Municipal boards and officers, including any police officer or other
officer having police powers, shall have authority to assist the Commission
in enforcement.
F.
Any person who violates any provision of this chapter, the Commission's
regulations, permit or administrative order issued thereunder may
be punished by a fine of up to $300 per offense.
G.
As an alternative to criminal prosecution, the Commission may issue
citations under the noncriminal disposition procedures authorized
in the Town's general bylaws.
A.
An applicant shall have the burden of proving, by a preponderance
of the credible evidence, that the activities proposed in a notice/request
will not have significant or cumulative effect upon the resource area
and wetland values protected by this chapter.
B.
Failure to provide adequate evidence to the Commission supporting
this burden shall be sufficient cause for the Commission to deny a
notice or to grant a notice with conditions.
It is not intended that this chapter repeal, abrogate or impair
any existing regulations, easements, covenants or deed restrictions.
However, where this chapter imposes greater restrictions, the provisions
of this chapter shall prevail.
The provisions of this chapter shall be held to be minimum requirements
in their interpretation and application and shall be liberally construed
to serve the goals of this chapter.
A decision of the Commission shall be reviewable in the Superior
Court in accordance with MGL c. 249, § 4.
This chapter utilizes the Home Rule Amendment of the Massachusetts
Constitution and the Home Rule Statutes to protect additional resource
areas for additional values, with additional standards and procedures
stricter than those of MGL c. 131, § 40, and 310 CMR 10.00,
and is independent of MGL c. 131, § 40, and 310 CMR 10.00.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof, nor shall it
invalidate any permit or determination which previously has been issued.
