As used in these regulations, the following terms shall have
the meanings indicated:
Any form of draining, dumping, dredging, damming, discharging,
excavating, filling or grading; the erection, reconstruction, or expansion
of any buildings or structures, the driving of pilings, the construction
or improvement of roads and other ways; the changing of runoff characteristics,
the intercepting or diverging of groundwater or surface water; the
installation of drainage, sewage and other water systems; the discharging
of pollutants; the destruction of plant life; and any other changing
of the physical characteristics of an area.
To change the condition of an area subject to protection under the bylaw. Examples of alterations include, but are not limited to: changes in drainage or water table levels, the destruction of vegetation, the changing of water temperature, biochemical oxygen supply or any other characteristics of the receiving water. See§ 239-9 of the bylaw.
Any person who files a determination of applicability or
notice of intent or on whose behalf said forms are filed.
The portion of the land surface that normally abuts and confines
a water body such as a creek, brook, stream, river, pond or lake as
defined in the Massachusetts Wetlands Protection Act (MGL c. 131,
§ 40) and regulations at 310 CMR 10.00. A bank may be partially
or totally vegetated, or comprised of exposed soil, gravel or stone.
Land within the one-hundred-year floodplain, as mapped by
the Federal Emergency Management Agency. This area is presumed significant
to flood control and storm damage protection.
Bogs, swamps, marshes, and wet meadows that border on water
bodies as defined in the Wetlands Protection Act regulations (310
CMR 10.55). The regulations define BVWs as areas where the soils are
saturated or inundated such that they support plants that are adapted
to periodically wet conditions.
The Town of Lunenburg Wetlands Protection Bylaw.[1]
A written determination by the Conservation Commission that
work or a portion thereof has been completed in accordance with the
order of conditions.
Order of conditions; those requirements set forth in a written
order issued by the Conservation Commission for the purpose of permitting,
regulating or prohibiting any activity that alters an area subject
to protection under the bylaw.
The Lunenburg Conservation Commission, that body of members
lawfully appointed pursuant to MGL c. 40, § 8C, for the
purposes of administering and enforcing the Wetlands Protection Act,
MGL c. 131, § 40, and the Town of Lunenburg Wetlands Protection
Bylaw.[2]
Any small stream or any intermittent tributary to any brook,
river or stream.
An effect on a wetland or buffer resource area(s) that is
significant when considered in combination with other activities that
have occurred, are occurring simultaneously or that are reasonably
likely to occur within that resource area(s), whether such other activities
have occurred or are contemplated as a separate phase of the same
project or activities, or as a result of unrelated projects or activities.
The date an order is mailed, as evidenced by the postmark
or the date it is hand delivered.
The date of delivery to an office, Town Clerk, or usual place
of business by certified mail or hand delivery.
Any review and written finding by the Conservation Commission
as to whether a site or the work proposed thereon is subject to the
jurisdiction of the bylaw.
To deepen, widen or excavate under any freshwater wetland
or water body, either temporarily or permanently.
A written extension of time within authorized work shall
be completed.
To deposit any material so as to raise an elevation temporarily
or permanently.
The prevention or reduction of flooding and/or flood damage.
A local and temporary inundation of water or a rise in the
surface of a body of water such that it covers land not usually underwater.
Water below the earth's surface in the zone of saturation.
Any open body of fresh water with a surface area of 10 acres
or more, and shall include great ponds.
Any activity similar in nature, purpose and extent to that
activity currently occurring on the site of the proposed work.
Any structure similar in design or use currently located
on the site of the proposed work.
More than half of the members of the Conservation Commission
then in office; a quorum.
Area within 50 feet of a resource area within which no new
structures, retaining walls or impervious surfaces are allowed.
Area within 30 feet of a resource area within which no alteration
or work is allowed.
The written notice filed by any person intending to alter
an area subject to protection under the bylaw.
Order of conditions.
The document issued by the Conservation Commission containing
conditions which regulate or prohibit activity.
Any individual, group of individuals, association, partnership,
corporation, or business organization, trust or estate, the commonwealth,
or any political subdivision thereof, administrative agency, public
or quasipublic corporation or body, or any other legal entity or its
legal representatives, agents or assigns
Such data, maps, engineering drawings, calculations, specifications,
schedules and other materials deemed necessary by the Commission to
describe the site and/or the work, to determine the applicability
of the bylaw or to determine the impact of the proposed work upon
the interests of the bylaw.
Any open body of water, either naturally occurring or man-made
by impoundment, with a surface area of at least 10,000 square feet,
and which is never without standing water due to natural causes except
during periods of extended drought.
Any source or volume of surface water or groundwater demonstrated
to be in any private use or demonstrated to have a potential for private
use.
Any bank, freshwater wetland, marsh, bog, wet meadow, swamp, creek, river, stream, pond, or lake or any land under said waters, or any land subject to flooding or inundation, whether or not bordering a surface water body, or any land bordering thereon, as defined in Article II, Jurisdiction, above, and including the no-disturbance and buffer zones.
Any source or volume of surface water or groundwater demonstrated
to be in public use or approved for water supply pursuant to MGL c.
111, § 160 by the Division of Water Supply of the Department
of Environmental Protection or shown to have a potential for public
use.
More than half of the members of the Conservation Commission
then in office.
The act or process of taking away or moving any type of materials,
thereby changing the land elevation or topography, either temporarily
or permanently.
To put back in proper place, or to provide an equivalent
to the satisfaction of the Commission.
Equivalent to any area subject to protection under the bylaw.
A natural stream of water that empties into any lake, pond
or other river or stream, and has a continuous or intermittent flow.
To play a role. A resource area is significant to an interest
identified in the bylaw when it plays a role in the provision or protection,
as appropriate, of that interest.
The prevention of 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.
A body of running water, including brooks and creeks, whether
continuous or intermittent, moving in a definite channel in the ground.
See definition in the Act, MGL c. 131, § 40, as
amended.
All time periods of 10 days or less referred to in the regulations
shall be computed using business days only. In the case of a determination
or order, such period shall commence on the first day after the date
of issuance, and shall end at the close of business on the 10th business
day thereafter. All other time periods shall be computed on the basis
of calendar days, unless the last day falls on a Saturday, Sunday
or legal holiday, in which case the last day shall be the next day
following.
See § 239-9 of the bylaw. Vernal pools, whether or not certified by the state, shall be considered as a resource area.
An authorization from the Conservation Commission to an applicant
for a deviation from the terms of the bylaw.
See the definition of "freshwater wetland" in the Act, MGL
c. 131, § 40, as amended. The term "wetland" includes:
Vegetated wetlands such as wet meadows, marshes, swamps and
bogs where 50% or more of the vegetative community consists of wetland
indicator plants as defined in the Massachusetts Wetlands Protection
Act (MGL c. 131, § 40) and regulations at 310 CMR 10.00.
When vegetation is not sufficient to determine the boundary of a wetland,
characteristics of hydric soils or observations of flowing water,
standing water or saturated soils may be used.
Any nonvegetated area such as a creek, brook, stream, river, pond, lake, lands under said waters, and certified and uncertified vernal pools as defined in the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) and regulations at 310 CMR 10 and § 239-9 of the bylaw.
All mammals, birds, fish, reptiles, amphibians, and invertebrate
animal species, including, but not limited to, any state- or federally
listed endangered or threatened species, or species of special concern.
Areas having plant community composition and structure, hydrologic
regime, or other characteristics sufficient to provide shelter, nutrient
sourcing, growing conditions, nesting or breeding sites conducive
to the propagation and preservation of wildlife.
The same as "activity."
