The following definitions shall apply in the interpretation and implementation
of this bylaw:
AGRICULTURE
Any work which produces food or other products for commerce
or subsistence which occurs in, on, or within 100 feet of a resource
area or which is directly or indirectly dependent upon wetlands values
for proper agricultural functions, such as prevention of pollution
or maintenance of adequate water flow for irrigation. Agriculture
includes, but is not limited to the growing of crops, including cranberries,
and the raising of livestock. Nonagricultural activities in or within
100 feet of resource areas shall not have a significant effect on
existing agriculture.
ALTER
Includes, without limitation, the following activities when
undertaken to, upon, within or affecting resource areas protected
by this bylaw:
(1)
Removal, excavation, or dredging of soil, sand, gravel or aggregate
materials of any kind.
(2)
Changing of preexisting drainage characteristics, flushing characteristics,
salinity distribution, sedimentation patterns, flow patterns, or flood
retention characteristics.
(3)
Drainage, or other disturbance of water level or water table.
(4)
Dumping, discharging or filling with any material which may
degrade water quality.
(5)
Placing of fill, or removal of material, which would alter elevation.
(6)
Driving of piles, construction, or repair of buildings or structures
of any kind.
(7)
Placing of obstructions or objects in water.
(8)
Destruction of plant life, including cutting of trees.
(9)
Changing temperature, biochemical oxygen demand, or other physical,
biological, or chemical characteristics of any waters.
(10)
Any activities, changes or work which may cause or tend to contribute
to pollution of any body of water or groundwater.
(11)
Incremental activities which have, or may have, a cumulative
adverse impact on the resource areas protected by this bylaw.
AQUACULTURE
The growing, raising, breeding, storing, or producing of
specified aquatic or marine organisms at specified locations for commercial,
municipal, or scientific purposes as approved by appropriate agencies.
Organisms in aquacultural use include, but are not limited to: shellfish,
such as oysters, quahogs, clams, lobsters, mussels, scallops and crabs;
finfish, such as trout, eel, herring, salmon, smelt and bass; amphibians,
such as frogs; reptiles, such as turtles; seaweeds, such as Irish
moss and dulse; edible freshwater plants, such as watercress; and
plankton grown as a food source for other organisms. Activities in
or within 100 feet of a resource area shall not have a significant
effect on existing permitted aquaculture.
COASTAL BANK
The seaward face or side of any elevated landform, other
than coastal dune, which lies at the landward edge of a coastal beach,
land subject to coastal storm flowage, or other wetland. A coastal
bank may serve one of two functions:
(1)
It may serve as a vertical buffer because of its height and
stability which protects upland areas from storm damage and flooding.
Activities shall not increase erosion of a coastal bank, either from
above (by stormwater runoff, brushcutting or other means) or from
below (by tidal action, wind and waves). Any project on such a coastal
bank shall have no adverse impact on the stability of the coastal
bank.
(2)
Coastal banks composed of unconsolidated sediment and exposed
to vigorous wave action serve as a source of sediment for dunes, beaches,
barrier beaches and other coastal landforms. Naturally occurring wave
action removes sediment from these banks to replenish coastal landforms.
These landforms protect coastal wetlands and real property by reducing
storm damage and flooding by dissipating storm wave energy. Any project
on or within a coastal bank serving this function shall not have a
significant effect on that bank's ability to serve as a sediment
source.
DIADROMOUS FISH
Diadromous fish are species of fish that must migrate between
fresh and marine waters to complete essential stages of their life
history. In Harwich, spring spawning runs (river herring, white perch
and Atlantic tomcod) and juvenile migrations (American eel) occur
in Muddy Creek, Red River and Herring River. Juvenile eel migrations
also occur in Cold Brook and the Andrews River. The coastal rivers
serve as migratory habitat, and the freshwater ponds in these watersheds
serve as spawning and nursery habitat. Activities in or within 200
feet of a river supporting a diadromous fish run shall not have a
significant adverse effect on the fish run.
FISHERIES and/or MARINE FISHERIES
Means:
(1)
The fish and shellfish resource itself, including all fish and
shellfish found in fresh, salt or brackish waters and any organisms
including plants that make up part of the food chain of such animals
regardless of their commercial value; and/or
(2)
The recreational or commercial catching of fish or shellfish
from the ocean or from freshwater bodies.
FLOOD CONTROL
The ability of wetlands to absorb, store and slowly release
floodwaters to minimize peak flood levels. Flooding can be caused
by precipitation or a rising water table. Activities within 100 feet
of resource areas shall not alter the flood control value of wetlands
significantly.
GROUNDWATER
All subsurface water contained in natural geologic formations
or artificial fill, including soil water in the zone of aeration.
Activities in or within 100 feet of resource areas shall not significantly
alter the existing quality or elevation of naturally occurring groundwater.
INLAND BANK
Includes 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 lower.
NO-DISTURB ZONE
The land running 50 feet landward from an abutting resource
area. No substantial activity, that will result in the building within
or upon, filling, removing or altering of land, shall be permitted,
with the following exceptions:
(1)
Maintenance of an existing permitted structure
(2)
An activity that has been expressly allowed by a variance from
the Conservation Commission.
PERSON
Includes any individual, group of individuals, association,
partnership, corporation, company, business organization, trust, state,
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.
PRIVATE WATER SUPPLY
Any source or volume of surface or ground water demonstrated
to be in private use or shown to have potential for private use, including
ground or surface water in the zone of contribution around a private
well. Activities in or within 100 feet of a resource area shall not
have a significant effect on the quality of a private water supply.
PUBLIC WATER SUPPLY
Any source or volume of surface or ground water demonstrated
to be in public use or approved for water supply pursuant to MGL c.
111, § 160, by the Department of Environmental Protection
Division of Water Supply, or demonstrated to have a potential for
public use, in addition to all surface and ground water in zones of
contribution. Activities within 100 feet of resource areas shall not
have a significant effect on the quality of a public water supply.
RARE SPECIES HABITAT
Includes, without limitation, habitats for all vertebrate
and invertebrate animal species and plant species listed as endangered,
threatened, or of special concern by the Natural Heritage and Endangered
Species Program of the Massachusetts Division of Fisheries and Wildlife,
regardless of whether the site in which they occur has been previously
identified by the Division.
RECREATION
Any leisure activity or sport taking place in, on, or within
100 feet of a resource area which is dependent on the resource area
and its values directly or indirectly for its conduct and enjoyment.
Recreational activities include, but are not limited to, the following:
noncommercial fishing and shellfishing, hunting, boating, swimming,
walking, painting, birdwatching and aesthetic enjoyment. Structures
and activities in or within 100 feet of a resource area shall not
have a significant effect on public recreational values.
STORM DAMAGE PREVENTION
The ability of wetland soils, vegetation and physiography
to prevent damage caused by water from storms, including but not limited
to: erosion and sedimentation; damage to vegetation, property or buildings;
or damage caused by flooding, waterborne debris or waterborne ice.
Activities in or within 100 feet of a resource area shall not have
a significant effect on storm damage protection.
SURFACE WATER BODY
Any area where water or ice stands or flows over the surface
of the ground for at least five months of any calendar year except
in times of severe, extended drought as defined in appropriate section
of 310 CMR. Drainage ditches, exclusive of fish runs and intermittent
streams, and impoundment areas which hold or pass water only during
or for short periods following storms and which, owing to their relationship
to groundwater, do not support wetland vegetation, are excluded from
this definition.
VERNAL POOL
Refers to a seasonal freshwater body contained in a confined
basin depression that holds water for a minimum of two consecutive
months in most years, is free of adult fish populations, and provides
breeding habitat for amphibians and invertebrates. The boundary of
vernal pool habitat shall extend outward 100 feet from the mean annual
high-water mark of such a depression. Vernal pools include those areas
mapped and certified by the Massachusetts Natural Heritage and Endangered
Species Program as well as those areas identified in the field as
eligible for certification by a professional wildlife biologist or
other expert.
WILDLIFE HABITAT
Resource areas that provide breeding and nesting habitats,
shelter, food and water to all plant and animal species dependent
on wetlands for any portion of their life cycles. Includes resource
areas identified as containing rare, threatened or endangered species
as listed by the Massachusetts Natural Heritage Program. Structures
and activities in or within 100 feet of any resource area shall not
have a significant effect on wildlife habitat.