The purpose of this By-Law is to protect the wetlands, related
water resources, and adjoining land areas in this municipality by
controlling activities deemed by the Conservation Commission likely
to have a significant or cumulative effect upon wetland values, including
but not limited to the following: public or private water supply,
groundwater, flood control, erosion and sedimentation control, storm
damage prevention, water pollution prevention, fisheries, shellfish,
wildlife habitat, recreation, and aesthetics (collectively, the "wetland
values protected by this by-Law").
Except as permitted by the Conservation Commission or as provided
for in this By-Law, no person shall remove, fill, dredge, build upon,
or alter land in or within a one-hundred-foot buffer zone of the following
resource areas: any freshwater wetland, coastal wetland, marsh, wet
meadow, bog, swamp, or vernal pond; any bank, beach, dune, or flat;
any lake, river, pond, stream, estuary, or the ocean; or any land
under said waters. Included in this jurisdiction is any land subject
to flooding or inundation by groundwater, surface water, tidal action,
or coastal storm flowage.
A. The alteration
of sand dunes is prohibited whenever the Conservation Commission determines
that such alteration would increase the potential for flood damage.
[Added 6-1-2021 ATM by Art. 20, approved 9-27-2021]
Any person filing a permit application or a request for determination
with the Commission shall provide a copy thereof at the same time,
by certified mail or hand delivery, to the Planning Board, Board of
Appeals, Board of Health, Building Department, and Department of Public
Works. The Commission shall not take final action until such boards
and officials have had 14 days from receipt of notice to file written
comments and recommendations with the Commission, which the Commission
shall take into account but which shall not be binding on the Commission.
The applicant shall have the right to receive any such comments and
recommendations, and to respond to them at a hearing of the Commission,
prior to final action.
Upon completion of the work described in the Permit and shown
on the final Plan of Record, the applicant may request in writing
that a Certificate of Compliance be issued. A request for a Certificate
of Compliance shall be reviewed by the Commission within 21 days of
receipt thereof.
The following definitions shall apply in the interpretation
and implementation of this By-Law.
A. The term "person" shall include any individual, group of individuals,
association, partnership, corporation, company, business organization,
trust, estate, the Commonwealth or political subdivision thereof to
the extent subject to town By-Laws, administrative agency, public
or quasi-public corporation or body, this municipality, and any other
legal entity, its legal representatives, agents, or assigns.
B. The term "alter" shall include, without limitation, the following
activities when undertaken to, upon, within or affecting resource
areas protected by the By-Law:
(1) Removal, excavation or dredging of soil, sand, gravel, or aggregate
materials of any kind;
(2) Changing of pre-existing 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, erection 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 water temperature, biochemical oxygen demand, or other physical
or chemical characteristics of water;
(10)
Any activities, changes or work which may cause or tend to contribute
to pollution of any body of water or groundwater.
As part of a Permit issued under this By-Law, in addition to
any security required by any other municipal or state board, agency
or official, the Commission may require that the performance and observance
of the conditions imposed hereunder be in secured wholly or in part
by one or more of the methods described below:
A. By a proper bond or deposit of money or negotiable securities or
other undertaking of financial responsibility sufficient in the opinion
of the Commission;
B. By a conservation restriction, easement or other covenant enforceable
in a court of law, executed and duly recorded by the owner of record,
running with the land to the benefit of this municipality whereby
the permit conditions shall be performed and observed before any lot
may be conveyed other than by mortgage deed.
This By-Law is adopted under the Home Rule Amendment of the
Massachusetts Constitution and the Home Rule statutes, independent
of the Wetlands Protection Act, Massachusetts General Laws Chapter
131, Section 40, and regulations thereunder.
The invalidity of any section or provision of this By-Law shall
not invalidate any other section or provision thereof, nor shall it
invalidate any Permit or Determination which previously has been issued.