[HISTORY: Adopted by the Town Meeting of the Town of Dedham
as Ch. 28 of the 1996 By-laws; amended 11-18-2013 STM by Art. 16. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Stormwater management — See Ch. 246.
A.
The purpose of the by-law is to protect the wetlands, related water
resources and adjoining land areas in the Town of Dedham by controlling
activities deemed by the Conservation Commission likely to have a
significant or cumulative effect upon wetland values, including but
not limited to the following: public or private water supply, groundwater,
flood control, erosion and sedimentation control, storm damage prevention,
water pollution prevention, fisheries, shellfish, wildlife habitat,
recreation, aesthetics, agriculture and aquaculture values (collectively,
"the resource area values protected by this by-law").
B.
Nothing in this by-law is intended to replace the requirements of
the Dedham Floodplain Zoning By-law. Any activity subject to the provisions
of both by-laws must comply with the specifications of each.
A.
ALTER
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(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
COMMISSION
PERSON
The following definitions shall apply in the interpretation and implementation
of this by-law.
Includes, without limitation, the following activities when
undertaken to upon, within or affecting resource areas protected by
the by-law:
Removal, excavation or dredging of soil, sand, gravel, or aggregate
materials of any kind;
Changing of preexisting drainage characteristics, flushing characteristic
sedimentation patterns, flow patterns, or flood retention characteristics;
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 the water;
Destruction or alteration of plant life, including cutting of
trees;
Changing water temperature, depth, flow rate, biochemical oxygen
demand, or other physical or chemical characteristics of 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.
Destruction or alteration of wildlife habitat.
Any work within 200 feet of any river as defined in the Massachusetts
Rivers Act of 1996, as may be amended from time to time.
The Dedham Conservation Commission.
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 by-laws, administrative agency, public or quasi-public corporation
or body, the Town of Dedham, and any other legal entity, its legal
representatives, agents or assigns.
B.
All other definitions as set forth in G.L. c.131, § 40
and Massachusetts Regulation 310 CMR or as amended from time to time
issued by the Department of Environmental Protection are hereby made
part of this by-law.
A.
Except as permitted by the Conservation Commission or as provided
in this by-law, no person shall remove, fill, dredge, or otherwise
alter the following resource areas: any freshwater wetland; marshes;
wet meadows; bogs; swamps; vernal pools; banks; reservoirs; lakes;
ponds; streams; creeks; beaches; lands under waterbodies; lands subject
to flooding or inundation by groundwater or surface water (collectively
the "resource areas protected by this by-law" listed in this section);
lands within 100 feet of any of the aforesaid resource areas and areas
within 200 feet of any waterbody which meets the definition of a "river"
under the Massachusetts Wetlands Protection Act, G.L. c.131, § 40,
Para. 14. Said resource areas need not border surface waters in order
to qualify for protection.
B.
No person shall dump material of any type within any resource area
protected by this by-law, any public right-of-way or upon any publicly
owned land. The Conservation Commission shall have the authority to
enforce the cleanup of any such illegal dumping.
A.
The permit and application required by this by-law 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, telegram or other communication services provided that
written notice has been given to the Commission prior to the commencement
of work. This exception shall not apply to the application of herbicides.
The permit and application required by this by-law shall not be required
for work performed for normal maintenance or improvement of land in
agricultural use or in aquacultural use, provided that written notice
has been given to the Commission prior to the commencement of work.
B.
The permit and application of this by-law shall not apply to emergency
projects necessary for the protection of the health or safety of the
public, provided that the work is to be performed by or has been ordered
to be performed by an agency of the Commonwealth or a political subdivision
thereof, provided that advance notice, oral or written, has been given
to the Commission prior to the commencement of work or within 24 hours
after commencement, provided that the following conditions are met:
(1)
The Conservation Commission or its agent certifies the work as an
emergency project.
(2)
The work is performed only for the time and place certified by the
Conservation Commission for the limited purposes necessary to abate
the emergency.
(3)
Within 21 days of commencement of an emergency project a permit application
shall be filed for review as provided by this by-law.
(4)
Upon failure to meet these and 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.
Other than stated in this section, the exceptions provided in the
Wetlands Protection Act shall not apply under this by-law.
A.
Written applications shall be filed with the Commission to perform
activities regulated by this by-law affecting the resource areas protected
by this by-law. The application shall include such information and
plans as are deemed necessary by the Commission to describe proposed
activities and their effects on the resource areas protected by this
by-law. No activities shall commence without receiving and complying
with a permit issued pursuant to this by-law.
B.
Activities which require a Notice of Intent under this by-law but
not under G.L. c.131, § 40 or as it may be amended from
time to time may use the abbreviated Notice of Intent at the discretion
of the Commission.
C.
The Commission may accept as the application and plans under this
by-law the Notice of Intent and plans filed under the Wetlands Protection
Act, G.L. c.131, § 40 or as it may be amended from time
to time.
D.
Any person desiring to know whether or not proposed activity of an
area is subject to the by-law, may in writing request a determination
from the Commission. Such a request for determination shall contain
data and plans specified by the regulations of the Commission. In
the absence of regulations, the same notice, plans, and specifications
required to be filed by an applicant under G.L. c.131, § 40,
or as it may be amended from time to time, will be accepted as fulfilling
the filing requirements of this by-law.
E.
At the time of an application or request, the applicant shall pay a filing fee specified in the appended schedule located in § 271-16 of this by-law. This fee is in addition to that required by the Wetlands Protection Act, G.L. Ch. 131, Sec. 40, or as it may be amended from time to time. The Commission may waive the filing fee and costs and expenses for an application or request filed by a government agency or when the Commission determines that a project serves an overwhelming public purpose.
A.
Any person filing an application or a request for determination with
the Commission shall at the same time give written notice thereof
by certified mail or hand delivery to all abutters according to the
most recent records of the Assessors, including those across a traveled
way or a body of water. The notice to abutters shall enclose a copy
of the application or request, with plans, or shall state where copies
may be examined and obtained by abutters free of charge. When a person
requesting a determination is other than the owner, the request, the
notice of the hearing and the determination itself shall be sent by
the Commission to the owner as well as the person making the request.
B.
The Commission shall conduct a public hearing on an application or
request for determination, with written notice given at the expense
of the applicant, Said notice shall be published at least five days
prior to the hearing in a newspaper of general circulation in Dedham.
C.
The Commission shall commence the public hearing within 21 days from
receipt of a completed application or request for determination.
D.
The Commission shall issue its permit or determination within 21
days of the close of the public hearing.
E.
The Commission in its discretion may combine its hearing under this
by-law with any hearing required to be conducted under the Wetlands
Protection Act, G.L. c.131, § 40, or as amended from time
to time.
F.
The Commission shall have authority to continue the hearing to a date certain announced at the hearing, for reasons stated at the hearing, which may include receipt of additional information offered by the applicant or others, information and plans required of the applicant, deemed necessary by the Commission in its discretion, or comments and recommendations of boards and officials listed in § 271-7 of this by-law. In the event the applicant objects to a continuance or postponement, the hearing shall be closed and the Commission shall take action on such information as is available.
[Amended 11-17-2014 ATM
by Art. 18]
Any person filing a permit application or a request for determination
with the commission shall at the same time provide a copy thereof,
by certified mail or hand delivery, to the Town Manager's Office,
Board of Selectmen, Planning Board and other local departments and
boards as deemed necessary by the Commission. The applicant shall
have the burden of satisfying the Commission that copies were mailed
or delivered. The Commission shall not take final action until such
boards and officials have had 14 days from receipt of notice to file
written comments and recommendations with the Commission, which the
Commission shall take into account but which shall not be binding
on the Commission. The applicant shall have the right receive any
such comments and recommendations, and to respond to them at a hearing
of the Commission prior to final action.
A.
If the Commission after a public hearing determines that the activities
which are the subject of the application are likely to have an adverse
or cumulative effect upon the resource areas protected by this by-law,
the Commission, within 21 days of he close of the hearing, shall issue
or deny a permit for the activities requested. If it issues a permit,
the Commission shall impose conditions which the Commission deems
necessary or desirable to protect those values, and all activities
shall be carried out in accordance with those conditions. If it issues
a permit (or Order of Conditions), the Commission shall record it
in the Registry of Deeds of the Land Court and no work shall be undertaken
until reimbursement of any costs is received by the Commission.
B.
The Commission is empowered to deny a permit for failure to meet
the requirements of this by-law; for failure to submit necessary information
or plans requested by the Commission; for failure to avoid or prevent
unacceptable adverse or cumulative effects upon the wetland values
protected by this by-law; or where conditions are not adequate to
protect those values, or if in the Commission's judgment such
denial is necessary to preserve the environmental quality of the areas
subject to this by-law.
C.
A permit shall expire three years 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 maintenance
work, provided that annual notification of time and location of work
is given to the Commission. Any permit may be renewed once for an
additional one-year period, provided that a request for renewal is
received in writing by the Commission at least 30 days prior to expiration.
D.
The Commission is also empowered to revoke a permit which it has
issued for failure to perform the permitted work in accordance with
any conditions set forth by the Commission in the issued permit or
for violations of the Wetlands Protection Act, Massachusetts General
Law, Chapter 131, Section 40, or as amended from time to time, this
by-law, or any other Local, State or Federal law or regulation. The
Commission shall hold a public hearing for the purpose of revoking
a permit. Such a public hearing will be advertised at least five working
days prior to the hearing in a newspaper of general circulation in
Dedham.
E.
The Commission in an appropriate case may combine the permit or other
action on an application issued under this by-law with the Order of
Conditions issued under the Wetlands Protection Act.
After public notice and public hearing, the Commission may promulgate
rules and regulations to effectuate the purposes of this by-law. 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 by-law.
As part of a permit issued under this by-law, in addition to
any security required by another municipal or state board, agency
or official, the Commission may require that the performance and observance
of the conditions imposed hereunder be secured wholly or in part by
a proper bond or deposit of money or negotiable securities or the
undertaking of financial responsibility sufficient in the opinion
of the Commission, to be released in whole or in part upon issuance
of a certificate of Compliance for work performed pursuant to the
permit.
A.
The Commission, its agents, officers, and employees shall have the
authority to enter upon privately owned land for the purpose of performing
their duties under this by-law and may make or cause to be made such
examinations, surveys or sampling as the Commission deems necessary.
B.
The Commission shall have the authority to enforce this by-law, its regulations and permits issued thereunder by violation notices, administrative orders, in accordance with § 1-6 of these By-laws, and/or civil and criminal court actions.
C.
Upon request of the Commission, the Town Manager, Board of Selectmen
and the Town Counsel shall take legal action for the enforcement under
civil law. Upon request of the Commission the Chief of Police shall
take legal action for enforcement under criminal law.
[Amended 11-17-2014 ATM
by Art. 18]
D.
Municipal boards and officers, including any police officer or other
officer having police powers, shall have authority to assist the Commission
in enforcement.
The applicant for a permit shall have the burden of proving
by a preponderance of the credible evidence that the work proposed
in the application will not have unacceptable adverse or cumulative
effect on the resource areas protected by this by-law. 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.
A decision of the Commission shall be reviewable in the Superior
Court in an action filed within 60 days thereof, in accordance with
G.L. c.249, § 4.
This by-law is adopted under the Home Rule Amendment of the
Massachusetts Constitution and Home Rule statutes, independent of
the Wetland Protection Act, G.L. c.131, § 40, or as it may
be amended from time to time, and regulations thereunder.
The invalidity of any section or provision of this by-law shall
not invalidate any other section or provision thereof, nor shall it
invalidate any permit or determination which previously has been issued.
A.
Rules:
(1)
Permit fees are payable at the time of application and are non-refundable.
(2)
Permit fees shall be calculated by this Commission per schedule below.
(3)
Town, County, State and Federal projects are exempt from fees.
(4)
Failure to comply with the law after official notification shall
result in fees twice those normally assessed.
B.
Fees.
(1)
Minor project (house additions, tennis court, swimming pool utility
work, etc. associated with existing single-family dwelling): $100
+ $1/square feet of resource area disturbed.
(2)
Single-family dwelling, new construction: $250 + $1/square feet of
resource area disturbed, 0.02/square feet land subject to flooding
or 100 feet buffer zone or 200 feet riverfront area disturbed.
(3)
Subdivisions (road and utilities only): $250 + $2/feet of roadway
sideline within a resource area protected by this by-law and within
100 feet of any resource area protected by this by-law or 200 feet
of a river as defined under the Massachusetts Rivers act.
(4)
Multifamily Dwellings, Commercial and industrial projects: $500 +
$1/square feet of resource area disturbed, 0.02/square feet land subject
to flooding or 100 feet buffer zone or 200 feet riverfront area disturbed.
(6)
Request for determinations of applicability: $50
(7)
Wetland delineation and delineation review: $0.50 per linear foot
of resource area delineated, to a maximum of $100 per existing single-family
dwelling.
(8)
Control of nuisance vegetation, including aquatic vegetation: $100
per acre of resource area proposed to be treated, including total
water resource area and associated buffer zone. Minimum fee of $150.
C.
NOTE: These fees are in addition to the local portion of the state
fee for Notices of Intent and Requests for Determination of applicability
charged under G.L. c.131, § 40 and as it may be amended
from time to time.
D.
The above fee schedule may be reduced by the Conservation Commission.
Any such change shall be made at a posted public hearing of the Commission
not less than 30 days prior to the date upon which the change is to
be effective, and copies thereof shall be posted in a conspicuous
location in the office of the Conservation Commission and with other
lists of fees available in the office of the Town Clerk.
