The purpose of this chapter is to provide more protection to
the wetland resource areas of the City of Beverly than is already
granted by the Wetland Protection Act, MGL c. 131, § 40,
and the regulations in 310 CMR 10.00. It is intended to be more protective
than the existing regulations and therefore more beneficial to the
specific needs and values of this community. It provides the Conservation
Commission (Commission) more authority to regulate activities that
might have a harmful effect on the following important interests:
public or private water supply, groundwater, flood control, erosion
and sedimentation control, storm damage prevention, water pollution
control, fisheries, shellfish, wildlife and rare species habitat,
agriculture, aquaculture and recreation.
The Commission shall, upon receiving a written request and weather
permitting, inspect the resource areas where the activity governed
by an order of conditions was carried out and issue a certificate
of compliance (or partial certificate of compliance) to the owner
of the property, applicant, or applicant's representative, in a form
suitable for recording or registering, if it shall determine that
all of the activity(ies), or portions thereof, limited thereby have
been completed in accord with said order.
After the recording of a notice of violation or order, any person
who purchases, inherits, or otherwise acquires real estate upon which
work has been done in violation of the provisions of this chapter
or in violation of any order issued under this chapter shall forthwith
comply with any such order or restore such land to its condition prior
to any such violation; provided, however, that no action, civil or
criminal, shall be brought against such person unless such action
is commenced within three years following the recording of the deed
or the date of death by which such real estate was acquired by such
person.