The purpose of this chapter is to protect the wetlands, related
water resources, and adjoining land areas in the Town of Cohasset
by controlling activities deemed by the Cohasset 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 control, fisheries, wildlife
habitat, recreation, aesthetics and agriculture values (collectively,
the "wetland values" protected by this chapter).
After public notice and public hearing, the Conservation Commission
shall promulgate rules and regulations to achieve the purposes of
this chapter. Failure by the Commission to promulgate such rules and
regulations or a legal declaration of their invalidity by a court
of law shall not act to suspend or invalidate the effect of this chapter.
The following definitions shall apply in the interpretation
and implementation of this chapter:
ALTER
Includes, without limitation, the following activities when
undertaken to, upon, within or affecting resource areas protected
by this chapter:
[Amended 7-17-2000]
A.
Removal, excavation or dredging of soil, sand, loam, peat, gravel
or aggregate materials of any kind;
B.
Changing of preexisting drainage characteristics, salinity distribution,
sedimentation patterns, flow patterns or flood retention characteristics;
C.
Drainage or other disturbance of water level or water table;
D.
Dumping, discharging or filling with any material which may
degrade water quality;
E.
Placing of fill or removal of material which would alter elevation;
F.
Driving of piles, erection, alteration or repair of buildings
or structures of any kind;
G.
Placing of obstructions or objects in water;
H.
Destruction of plant life, including cutting of trees;
I.
Changing water temperature, biochemical oxygen demand or other
physical or chemical characteristics of water;
J.
Any activities, changes or work which may cause or tend to contribute
to pollution of any body of water or groundwater.
ISOLATED LAND SUBJECT TO FLOODING
Includes any ponding area within a depression that provides
a temporary storage area of standing water, with no minimum size criteria.
ISOLATED VEGETATED WETLAND
Includes any vegetated wetland area containing greater than
50% wetland vegetation, hydric soils, and seasonal high groundwater
conditions. Isolated vegetated wetland does not have to border a water
body or flowing stream.
PERSON
Includes any individual, group of individuals, association,
partnership, corporation, company, business organization, trust, estate,
the Commonwealth of Massachusetts or political subdivision thereof
to the extent subject to Town bylaws, administrative agency, public
or quasi-public corporation or body, the Town of Cohasset and any
other legal entity, its legal representatives, agents or assigns.
RIVERFRONT AREA
That area of land within 200 feet of a river or stream, with
the two-hundred-foot riverfront zone being measured from the annual
mean high-water line as defined in the Act of the subject river or
stream. The two-hundred-foot riverfront zone shall include a one-hundred
foot inner zone and a one-hundred-foot outer zone. There is no buffer
zone for the riverfront area.
[Amended 12-12-2022 STM by Art. 10]
VERNAL POOL
Includes confined basin or depression not occurring in existing
lawns, gardens, landscaped areas, or driveways which, at least in
most years, holds water for a minimum of two continuous months between
December and June, is free of adult predatory fish, and provides essential
breeding and rearing habitat functions for amphibian, reptile, or
vernal pool community species, regardless of whether the wetland site
has been certified as a vernal pool by the Massachusetts Division
of Fisheries and Wildlife and Fisheries. The presumption of essential
vernal pool habitat value may be overcome by the presentation of credible
evidence which in the judgment of the Commission demonstrates that
the basin or depression does not provide the habitat functions as
specified in the bylaw regulations. The buffer zone for vernal pools
shall extend 100 feet from the mean annual high-water line defining
the depression and the buffer zone for vernal pools shall be defined
as a no disturbance area.
[Amended 12-12-2022 STM by Art. 10]
As part of a permit issued under this chapter, in addition to
any security required by any other Town or state board, agency or
official, the Conservation Commission may require that the performance
and observance of any conditions imposed hereunder be 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 in an amount 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 the Town of Cohasset requiring
the permit conditions to be performed before any interest may be conveyed
other than a mortgage interest.
The applicant for a permit shall have the burden of proving
by a preponderance of the credible evidence that the work proposed
in the application will not have unacceptable significant or cumulative
effect upon the wetland values protected by this chapter.
This chapter is adopted under the Home Rule Amendment of the
Massachusetts Constitution and the home rule statutes, independent
of the Wetlands Protection Act and regulations thereunder.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof, nor shall it
invalidate any permit or determination which previously has been issued.