Groton's extensive and complex wetland systems are fundamental
to its landscape, ecology, drinking water supplies and flood protection.
The protection of wetlands in Groton is critical to the well-being
and character of the community.
Groton's wetlands, natural landscape, and ecosystem are
largely by-products of an unusual concentration of glacial landforms,
including extensive areas of ice channel fillings, drumlins, ground
moraines and the remnants of Glacial Lake Nashua. In addition, deep
bedrock valleys filled with glacial sediments define the courses of
the Nashua and Squannacook Rivers. This concentrated and complex set
of landforms created intricate and varied topography, soils and hydrology,
resulting in an extraordinary array of wetlands, ponds, vernal pools,
and streams.
All of Groton's drinking water is derived from municipal
or private wells. The groundwater that supplies these wells is intimately
connected with these wetland systems, which filter, cleanse, and infiltrate
water. The protection of both the wetlands themselves and their surrounding
lands is essential to the protection of Groton's drinking water.
Groton's complex hydrological hydrologic systems and associated
upland areas are also central to its rich and diverse ecosystem, including
concentrations of rare and endangered species. Approximately 2/3 of
Groton lies within state-designated Estimated and Priority Habitats
for Rare and Endangered Species. The Massachusetts BioMap 2 project
designates 67% of Groton as Core Habitat or Critical Natural Landscape,
and approximately 88% of Groton has been designated as Areas of Critical
Environmental Concern. All of these speak to both the local and the
regional importance of Groton's wetlands.
The purpose of this chapter is to protect the wetlands, related
water resources, and adjoining land areas in the Town of Groton by
controlling activities determined by the Conservation Commission to
be likely to have a significant or cumulatively detrimental effect
upon any wetland resource area or value protected by this chapter,
including but not limited to the following interests and values: protection
of public or private water supply, groundwater, flood control, erosion
and sedimentation control, storm damage prevention, water quality,
water pollution control, fisheries, wildlife and wildlife habitat,
rare plant or animal species and habitat, agriculture and aquaculture,
recreation and aesthetic values. To that end, it is the intent of
this chapter to protect additional wetland resource areas and interests,
and to impose additional standards and procedures stricter than those
of the Wetlands Protection Act, MGL C. 131, § 40.
Except as permitted by the Conservation Commission or as provided
in this chapter, no person shall commence to remove, fill, dredge,
build upon, degrade, discharge into or otherwise alter any of the
following resource areas protected by this chapter (collectively,
"wetland resource areas"): any wetland, including, but not limited
to, any freshwater wetland, marsh, wet meadow, bog, swamp, vernal
pool, creek, beach or bank, reservoir, lake, pond of any size, land
under any water body or within 100 feet of any of the aforesaid resource
areas; any river or stream, including land within 200 feet of same;
or any land subject to flooding or inundation by stormwater, groundwater
or surface water.
After public notice and public hearing, the Commission may promulgate
regulations to effectuate the purposes of this chapter, and to provide
for filing fees and procedures, and for consultant fees as the Commission
deems necessary or appropriate. Failure to promulgate such regulations,
or the invalidation by a court of law of one or more of such regulations,
shall not act to suspend or invalidate any provision of this chapter.
The applicant for a permit shall have the burden of proving
by a preponderance of 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 this chapter. 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 on the record
of proceedings in Superior Court in accordance with MGL C. 249, § 4.
This chapter is adopted pursuant to the Town of Groton's
Home Rule powers and is independent of the Wetlands Protection Act,
MGL C. 131, § 40, and/or regulations thereunder (WPA). It
is the intent of this chapter to create resource areas, interests,
definitions and performance standards that impose more stringent regulation
than that imposed by MGL C. 131, § 40.
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 issued hereunder.