When the Commission determines that an activity has occurred or is occurring in violation of the bylaw or a permit issued hereunder, the Commission may issue a notice of violation, or take any other action authorized by law.
A. 
It shall be a violation of the bylaw and these regulations to:
(1) 
Fail to comply with or to observe the conditions in a permit;
(2) 
Fail to complete approved work described in a permit by the expiration date of the order of conditions;
(3) 
Fail to obtain a valid permit before conducting any activity subject to regulation under the bylaw;
(4) 
Cause, suffer or allow any illegal work or activity;
(5) 
Fail to comply with a notice of violation; and/or
(6) 
Fail or refuse to remove illegal fill or to restore any illegally altered area to its previous condition.
B. 
Each day that any of the foregoing violations continues shall be considered a separate offense.
A notice of violation may be either a violation notice (letter) or an enforcement order. A violation notice is a formal letter sent to a property owner or contractor suspected to have violated the bylaw, requesting the person to stop the activity and contact the Commission to determine if there is a problem and how to deal with it. It does not carry any legal force, but puts the person on notice and starts a paper trail that could lead to an enforcement order if the problem is not resolved. An enforcement order is a legal document (DEP WPA Form 9) used for known violations that are serious because they are continuing to damage a resource area, are repeat violations by the same individual, or are flagrant violations. When the activity involves a violation of the WPA as well as the bylaw, the DEP can step in under the enforcement order to assist in enforcement and issue fines for wetland violations under the WPA.
A notice of violation in the form of a violation notice (letter) may be issued by the Conservation Administrator upon approval from the Commission Chair or Vice-Chair. It does not need to be signed or ratified by the Commission. A notice of violation in the form of an enforcement order is issued by the Commission and must be signed by a majority of the Commission. In a situation requiring immediate action, a notice of violation enforcement order may be signed by the Chair or Vice-Chair, but must be ratified by majority vote of a quorum of the members at the next meeting of the Commission. The enforcement order may also be amended by a majority of the Commission at a public meeting. Failure to ratify the enforcement order may render it void. Because of the importance of getting Commission ratification of an enforcement order when signed by only one member, the Commission will post and hold a public meeting within five business days to review and vote to ratify such enforcement order.
Any person aggrieved by the issuance of a notice of violation may request a hearing by making a written request delivered to the Conservation Commission office within seven days of its receipt.
A. 
If a fine or an adjustment of fine for a violation is contemplated, the Commission will discuss this matter at a public meeting. The property owner will be given at least 48 hours' notice in writing of the date, time, and place of the public meeting, by certified mail, return receipt requested, or hand delivery. If a majority of the Commission present at the meeting finds, by a preponderance of the evidence, that a violation has occurred, then the property owner may be fined not more than $100 per offense per day. Each violation may be considered a separate offense. Each day the violation continues constitutes a separate violation under the bylaw.
B. 
Violation fine schedule. The following fines may be levied by the Conservation Commission for violation of the Wetland Bylaw and regulations:
Subject
Fine
Violation in 100-foot buffer zone and inner 100-foot riverfront area: failure to obtain an order of conditions or negative determination permitting activity
1st offense: $50
2nd and subsequent offenses: $100
Violation in following resource areas: any freshwater wetland, vernal pool, water body, or isolated land subject to flooding: Failure to obtain an order of conditions or negative determination permitting activity
1st and subsequent offenses: $100
Failure to record order of conditions
$25
Failure to post DEP file number on property
$25
Failure to comply with mitigation measures by deadlines and/or as indicated in enforcement order
1st and subsequent offenses: $100
Failure to stop activity in 100-foot buffer zone, or bylaw resource areas as directed in enforcement order or notice of violation, or as ordered by police officer, other officer having police powers, or Commission member
1st and subsequent offenses: $100
Failure to comply with general or special condition contained in order of conditions
1st offense: $50
2nd and subsequent offenses: $100