Definitions.6 As used in these regulations,
the following terms shall be defined as follows:
ABUTTER (OWNER OF LAND ABUTTING THE ACTIVITY)
An owner of land in any direction sharing a common boundary
with the site of the proposed activity (work), even where that boundary
is located at a point within the site; in a street, way, intersection
of roadways; or in a river, stream, reservoir, lake, pond, and within
300 feet of the property line of the land where the activity is proposed.
ACT
The Massachusetts Wetlands Protection Act (incorporating
The Rivers Protection Act, 1996 Mass. Acts c. 258), MGL c. 131, § 40.
ACTIVITY
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 hydrology
run-off characteristics; the intercepting or diverging of ground or
surface water; the installation of any component of drainage, sewage,
and water systems; the discharging of pollutants; the destruction
of plant life; the cutting of trees; and any other changing of the
physical characteristics of land, or the physical or chemical characteristics
of water. (See also definition of "work.")
ADJOINING LAND AREAS
As used in the Bylaw, Chapter
227 of the Easton Town Code, the one-hundred-foot buffer zone and the two-hundred-foot riverfront area as those Bylaw resource areas are further defined in §§
503-20 and
503-21, respectively, of the Easton Town Code.
[Added 6-29-2005]
AESTHETICS
A Bylaw wetland value enumerated in §
227-1 of the Easton Town Code, which is the natural scenery and appearance of any resource area subject to protection under the Bylaw that is visually accessible to the public.
AGRICULTURE and AGRICULTURE VALUES
A Bylaw wetland value enumerated in §
227-1 of the Easton Town Code, which term, including "normal maintenance or improvement of land in agricultural use," is defined in Mass. Regs. Code tit. 310, § 10.04 "Agriculture."
ALTER
To change the condition of any resource area subject to protection under the Bylaw. As defined in the Bylaw at §
227-9 of the Easton Town Code, the term "alter" shall include, without limitation, the following activities when undertaken to, upon, within, or affecting a resource area protected under the 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 disturbances 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, or 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 temperature, biochemical oxygen demand, or other physical,
biochemical, or chemical characteristics of any water.
(10)
Any activities, changes or work which may cause or tend to contribute
to pollution of any body of water or groundwater.
(11)
Application of pesticides or herbicides, provided such application
is not in accordance with a Vegetation Management Plan approved by
the Department of Food and Agriculture in accordance with its regulations
promulgated in Mass. Regs. Code tit. 333, ch. 11.00, under the Massachusetts
Pesticide Control Act, MGL c. 132B.
APPLICANT
Any person who files an application for a permit for work
or request for a determination of applicability, determination of
resource area delineation, or determination of significance or on
whose behalf such an application or request is filed.
AQUACULTURE
A Bylaw wetland value enumerated in §
503-1 of the Easton Town Code, which term, including "normal maintenance or improvement of land in aquacultural use," is defined in Mass. Regs. Code tit. 310, § 10.04, "Aquaculture."
AREA OF CRITICAL ENVIRONMENTAL CONCERN7 ("ACEC")
An area designated by the Secretary of Environmental Affairs
of the Commonwealth of Massachusetts under regulations authorized
by MGL c. 21A, § 2(7), and published in Mass. Regs. Code
tit. 301, ch. 12.00, said designation being due to the particular
environmental factors that impact upon the areas in question and which
designation highlights the importance of each area so designated.
In Easton, two such ACECs exist: the Canoe River Aquifer ACEC and
the Hockomock Swamp ACEC, both of which are further defined below.
AREA SUBJECT TO PROTECTION UNDER THE ACT
Any area specified in the Wetlands Protection Act, MGL c.
141, § 40, and regulations promulgated under the Act's authority
in Mass. Regs. Code tit. 310, § 10.02(1).
BANK
A Bylaw resource area, as defined in the Bylaw at §
227-9 of the Easton Town Code and in these regulations at §
503-16 of the Easton Town Code.
BEACH
A naturally occurring beach means an unvegetated bank as defined in §
503-16 of the Easton Town Code.
[Amended 3-5-2018]
BOG
A type of vegetated wetlands, a resource area subject to protection under the Bylaw, as listed in §
227-2 of the Easton Town Code and defined in the Wetlands Protection Act, MGL c. 131, § 40, sixth paragraph, and listed in the Act as a type of "freshwater wetlands" in the eighth paragraph. Vegetated wetlands are noted as "freshwater wetlands" under the Bylaw at §
227-2 of the Easton Town Code.
BORDERING
Touching in some manner, at any point or along any length
of property boundary, and including any portion of a resource area
subject to protection under the Bylaw that may be touching upon any
resource area subject to protection under the Bylaw or upon other
land area or waterbody, notwithstanding such land area or waterbody
is not a Bylaw resource area.
BOUNDARY
The boundary of a Bylaw resource area (resource area subject to protection under the Bylaw). A description of the boundary of each Bylaw resource area is found in the applicable section of Article
II of these regulations.
BUFFER ZONE
A Bylaw resource area (resource area subject to protection under the Bylaw) that is the area of land extending 100 feet horizontally outward from the boundary of the following Bylaw resource areas (resource areas subject to protection under the Bylaw): vernal pools; reservoirs, lakes, and ponds; vegetated wetlands; lands under water bodies; and lands subject to flooding. The buffer zone is further defined in §
503-20 of the Easton Town Code.
BYLAW
The Easton Wetlands Protection Bylaw, published at Chapter
227 of the Easton Town Code.
BYLAW RESOURCE AREA
Any of the areas specified in the Bylaw. The term is used synonymously with "resource area subject to protection under the Bylaw," each of which is enumerated in §
503-2A of the Easton Town Code.
BYLAW WETLAND VALUE
Those values specified in the Bylaw at §
227-1 of the Easton Town Code ("wetland values protected by this chapter") and as further listed in §
503-1B of the Easton Town Code under the authority of the Bylaw, which specifies that the list of wetland values in §
227-1 is not all inclusive.
CERTIFICATE OF COMPLIANCE
A written determination by the Conservation Commission that
work or a portion thereof was completed in accordance with the Bylaw
permit for work.
CLEAR AND CONVINCING EVIDENCE STANDARD OF PROOF
The person having the burden of proof must present full, clear, and decisive proof that is free from doubt or uncertainty. This standard of proof is applicable to overcoming the presumption that a confined basin and adjoining uplands is a vernal pool, to overcoming the presumption that a Bylaw resource area is significant to the protection of the Bylaw wetland values, and to requests for a waiver from one or more performance standards as further provided in Article
III of these regulations. Where the Bylaw resource area is located in an ACEC, the waiver standards apply to an application for a permit for work.
CONDITIONS
Those requirements set forth in a written Bylaw permit for
work issued by the Conservation Commission for the purpose of permitting,
regulating, or prohibiting any activity that removes, fills, dredges,
or alters a Bylaw resource area (resource area subject to protection
under the Bylaw).
CONSERVATION COMMISSION or COMMISSION
The Easton Conservation Commission, the members of which
comprise a department or body of the Town of Easton, lawfully appointed
by the Board of Selectmen as authorized by MGL c. 40, § 8c.
[Amended 3-5-2018]
CREEK
The same as "stream" as that term is defined below and in §
503-15 of the Easton Town Code.
CUMULATIVE EFFECTS UPON WETLAND VALUES
The impact on the environment that results from the incremental
impact of the action when added to other past, present, and reasonably
foreseeable future actions regardless of what person undertakes such
other actions. Cumulative impacts can result from individually minor
but collectively significant actions taking place over a period of
time. "Effects" include (a) direct effects, which have been caused
in the past and are caused by the action and occur at the same time
and place; and (b) indirect effects, which are caused by the action
and are later in time or farther removed in distance, but are still
reasonably foreseeable. Indirect effects may include growth-inducing
effects and other effects related to induced changes in the pattern
of land use, population density, or growth rate and related effects
on air and water and other natural systems, including ecosystems.
[Amended 3-6-2006]
CUMULATIVE IMPACTS
See definition for "CUMULATIVE EFFECTS UPON WETLAND VALUES"
[Amended 8-10-2009]
DATE OF ISSUANCE
The date a Bylaw permit for work, any determination, certificate
of compliance, or any enforcement notice is mailed, as evidenced by
a postmark, or the date it is hand-delivered, as evidenced by a signed
or initialed notation to that effect.
DATE OF RECEIPT
The date of delivery to an office, home, or usual place of business by mail or the date of hand delivery to a person, office, home, or usual place of business. In the case of an application for a permit for work, an application is not deemed submitted if it does not comply with the requirements as outlined in §§
503-25 and
503-27 of the Easton Town Code. Upon determination by the Conservation Commission or its agent that the application is complete and in compliance with the requirements of these regulations, the Commission or its agent shall consider the application received.
DETERMINATIONS OF APPLICABILITY
(1)
DETERMINATION OF APPLICABILITYA written finding by the Conservation Commission as to whether a site or the work proposed thereon is subject to the jurisdiction of the Bylaw.
(2)
DETERMINATION OF BYLAW WETLAND RESOURCE AREA BOUNDARIESA written finding by the Commission, after a public hearing, as to the identity and boundary of a resource area subject to protection under the Bylaw (Bylaw resource area) and further defined in §§
503-13 through
503-21 of the Easton Town Code. The identity and boundary of the Bylaw Resource area(s) confirmed in said determination will be limited to those shown on the Plan of Record or as otherwise cited in the written finding of the Commission.
(3)
DETERMINATION OF SIGNIFICANCEA written finding by the Conservation Commission, after a public hearing, that the area on which the proposed work is to be done, or which the proposed work will alter, is significant or not significant to any of the wetland values identified in the Bylaw at §
227-1 of the Easton Town Code or in the wetland regulations at §
503-1B of the Easton Town Code ("Bylaw wetland values").
EROSION AND SEDIMENTATION CONTROL
A Bylaw wetland value enumerated in §
227-1 of the Easton Town Code, which means the prevention or reduction of the detachment or movement of soil or rock fragments by water, wind, ice, and/or gravity.
EXISTING
Work or activity begun or completed before the date of the
request for a determination or application for a permit for work or
the condition of the property before any activity or work on the site
or property.
EXTENSION BYLAW PERMIT FOR WORK
A written extension of time by a majority vote of the Conservation Commission at a public hearing within which the authorized work under a Bylaw permit for work shall be completed. The Commission shall record such extension on the appropriate form, as provided in §
503-8 of the Easton Town Code.
FEE SCHEDULE
See §
503-24 of the Easton Town Code for the applicable filing fee and permissible consultant fees.
FILL
To deposit any material so as to raise an elevation of the
land or water, either temporarily or permanently.
FISHERIES
All species of fresh and saltwater fin fish and shellfish, including the nutrient sources and the habitat in which they live all or part of their life cycle. "Fisheries" and "shellfish" are wetland values enumerated in §
227-1 of the Easton Town Code.
[Amended 3-5-2018]
FLOOD CONTROL
The prevention or reduction of flooding and flood damage. Flood control is a Bylaw wetland value enumerated in §
227-1 of the Easton Town Code.
GROUNDWATER
The water below the earth's surface in the zone of saturation. The protection of the quality and quantity of groundwater is a Bylaw wetland value enumerated in §
227-1 of the Easton Town Code.
HOCKOMOCK SWAMP AREA OF CRITICAL ENVIRONMENTAL CONCERN9
An area within Easton designated for special protection consideration
by the Secretary of Environmental Affairs on February 10, 1990, pursuant
to authority granted under MGL c. 21A, § 2(7). The map reference
is dated March 6, 1990.
IMPERVIOUS
Resistant to penetration by water or plant roots.
LAKE
Any open body of fresh water with a surface area of 10 acres
or more.
LAND SUBJECT TO FLOODING
A Bylaw resource area (resource area subject to protection under the Bylaw), which is defined in §
503-19 of the Easton Town Code.
LAND UNDER WATER BODIES AND WATERWAYS
The bottom of or land under the surface of river, stream, reservoir, lake, or pond. Land under water bodies is a Bylaw resource area (resource area subject to protection under the Bylaw), which is further defined in §
503-18 of the Easton Town Code.
MAJORITY
More than half of the members of the Conservation Commission
then in office.
MARSH
A type of vegetated wetlands, a resource area subject to protection under the Bylaw, as listed in §
227-2 of the Easton Town Code and defined in the Wetlands Protection Act, MGL c. 131, § 40, eleventh paragraph, and listed in the Act as a type of "freshwater wetlands" in the eighth paragraph; vegetated wetlands are noted as "freshwater wetlands" under the Bylaw at §
227-2 of the Easton Town Code.
MASSACHUSETTS ENVIRONMENTAL POLICY ACT ("MEPA")
MGL c. 30, §§ 62 through 62H, and the regulations
promulgated pursuant thereto, published in Mass. Regs. Code tit. 301,
ch. 11.00, which are also referenced as "Title I of the Massachusetts
Environmental Code."
MEAN ANNUAL FLOOD LEVEL
The average highest instantaneous peak discharge of the water year. The mean annual flood level sets the upper boundary of a bank, as that is more fully explained in §
503-16 of the Easton Town Code.
MEAN ANNUAL HIGH-WATER LINE
As defined in Mass. Regs. Code tit. 310, § 10.58(2),
the mean annual high-water line is the line that is apparent from
visible markings or changes in the character of soils or vegetation
due to the prolonged presence of water and that distinguishes between
predominantly aquatic and predominantly terrestrial land. Field indicators
of bank full conditions shall be used to determine the mean annual
high-water line. Bank full field indicators include, but are not limited
to: changes in slope, changes in vegetation, stain lines, changes
in bank materials, bank undercuts, or documented observed annual flooding.
(1)
In most rivers, the first observable break in slope is coincident
with bank full conditions and the mean annual high-water line. In
some river reaches, the mean annual high-water line is represented
by bank full field indicators that occur above the first observable
break in slope or, if no observable break in slope exists, by other
bank full field indicators. These river reaches are characterized
by at least two of the following features: low gradient, meanders,
oxbows, histosols, a low-flow channel, or poorly defined or nonexistent
banks.
(2)
The mean annual high-water line sets the boundary of a vernal
pool and the inner boundary of the riverfront area.
MEAN ANNUAL LOW-WATER LEVEL
The average lowest instantaneous water discharge of the water
year. The mean annual low-water level sets the lower boundary of a
bank and the boundary of land under water bodies and waterways.
[Amended 8-10-2009]
NOTICE OF INTENT
The written notice filed by any person intending to remove,
fill, dredge or alter an area subject to protection under the Massachusetts
Wetlands Protection Act, MGL c. 131, § 40.
ORDER OF CONDITIONS
The document issued by the Conservation Commission containing
conditions that regulate or prohibit an activity under the Wetlands
Protection Act, MGL c. 131, § 40. Upon appeal, the Department
of Environmental Protection (the "DEP") will issue a superseding order
of conditions and if the superseding order is appealed, the DEP will
issue a final order, which shall control the proposed work under the
Act. The final order may be challenged in the Superior Court.
PARTY TO ANY PROCEEDING
The applicant; the Conservation Commission; and may include
the landowner, any abutter, any person aggrieved, any 10 residents
of the Town where the land is located, and any 10 persons pursuant
to Massachusetts Administrative Procedures Act, MGL c. 30A, § 1OA.
PERMIT FOR WORK
The document issued by the Conservation Commission containing
conditions that regulate or prohibit an activity (work) under the
Bylaw.
PERSON
As defined in the Bylaw at §
227-9 of the Easton Town Code, 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 bylaws, administrative agency, public or quasi-public corporation or body, the Town of Easton, and any other legal entity and the respective legal representatives, agents, or assigns of each person or entity listed above.
PERSON AGGRIEVED
Any person who, because of an act or failure to act by the
Conservation Commission, may suffer an injury in fact that is different
either in kind or magnitude from that suffered by the general public
and which injury is within the scope of the Bylaw wetland values.
Such person must specify, in writing before the close of the public
hearing, sufficient facts to allow the Conservation Commission to
determine whether the person meets the criteria of being "aggrieved."
PLANS or PLAN OF RECORD
Such data, maps, engineering drawings, calculations, specifications, schedules, and other like information and materials deemed necessary by the Conservation Commission to describe the site and work to enable the Commission to determine the applicability of the Bylaw and these regulations and the Act or to determine the impact of the proposed work upon the Bylaw wetland values and the interests identified in the Act. (See §
503-25B of the Easton Town Code for a listing of the minimum information required by the Commission.) The term "plan of record" shall mean the final plan reviewed by the Conservation Commission, including any revisions, that is referenced in the permit for work, determination, or order of conditions.
[Amended 8-10-2009]
POLLUTION
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping or disposing of
any material that, because of its quantity, concentration, or other
characteristics, does or may result in an adverse impact to human,
plant, or animal life or property or may unreasonably interfere with
the comfortable enjoyment of life or property. (See also "water pollution,"
defined below.)
POND10
As stated in the Bylaw at §
227-9 of the Easton Town Code, the definition of a pond, a Bylaw resource area, shall follow the definition of "pond" as appearing in Mass. Regs. Code tit. 310, § 10.04, except that the size threshold of 10,000 square feet shall not apply. The Bylaw resource area of "pond" is defined in §
503-14 of the Easton Town Code.
[Amended 10-19-1992; 3-5-2018]
PREVENTION OF WATER POLLUTION
The prevention or reduction of the contamination of surface or ground water. "Water pollution" is further defined below. The prevention of water pollution is a Bylaw wetland value enumerated in §
227-1 of the Easton Town Code.
PRIVATE WATER SUPPLY
Any source or volume of surface or ground water demonstrated to be in any private use or shown to have potential for private use. The protection of private water supply is a Bylaw wetland value enumerated in §
227-1 of the Easton Town Code.
PROTECTION OF FISHERIES
Protection of the capacity of an area subject to protection under the Bylaw to prevent or reduce contamination or damage to fish and to serve as their habitat and nutrient source. Fisheries is a Bylaw wetland value enumerated in §
227-1 of the Easton Town Code and is defined as aforesaid in this section.
PROTECTION OF HISTORIC VALUES
The protection of resource areas subject to protection under the Bylaw that are known or are determined in writing by the Conservation Commission or the Easton Historical Commission to likely contain sites of archaeological significance, including but not limited to middens, burial sites, or historic and prehistoric structures and artifacts. Historic values is a Bylaw wetland value found in §
503-1B, as authorized by §
227-1 of the Easton Town Code.
PROTECTION OF WILDLIFE
The protection of any plant or animal species listed as endangered, threatened, or of special concern or placed on the Watch List by the Massachusetts Natural Heritage Program; listed as federally endangered or federally threatened by the U.S. Fish and Wildlife Service; deemed locally threatened, in writing, by the Conservation Commission; and, further, means protection of the ability of any Bylaw resource area to provide food, breeding habitat, or escape cover; and species falling within the definition of "wildlife" set forth below. Wildlife is a Bylaw wetland value enumerated in §
227-1 of the Easton Town Code and is defined below.
PUBLIC INTEREST
Something of benefit to the health, welfare, or safety to
the Easton community at large as opposed to one individual, special
interest group, organization, or other entity.
PUBLIC WATER SUPPLY
Any source or volume of surface or groundwater demonstrated to be in public use or approved for a public water supply pursuant to MGL c. I II, § 160, by the Division of Water Supply of the Department of Environmental Protection or shown to have a potential for public use. Public Water Supply is a Bylaw wetland value enumerated in §
227-1 of the Easton Town Code.
RARE SPECIES
As defined in the Bylaw at §
227-9 of the Easton Town Code, rare species include, without limitation, all vertebrate and invertebrate animal and all plant species listed as endangered, threatened, or of special concern by the Massachusetts Division of Fisheries and Wildlife, regardless of whether the site in which they occur has been previously identified by the Division.
RECREATION
The use of leisure time for personal satisfaction and enjoyment and for physical and mental health and revitalization and under the Bylaw the term connotes passive recreation activities that do not conflict with or diminish other Bylaw wetland values or the functions of resource areas subject to protection under the Bylaw. Recreation is a Bylaw wetland value enumerated in §
227-1 of the Easton Town Code.
REMOVE
To take away any type of material, thereby changing an elevation,
either temporarily or permanently.
RESERVOIR
A Bylaw resource area (resource area subject to protection under the Bylaw), which is defined in §
503-14 of the Easton Town Code.
RESOURCE AREA SUBJECT TO PROTECTION UNDER THE BYLAW
Any area specified in the Bylaw at §
227-2 of the Easton Town Code and in the wetland regulations at §
503-2A of the Easton Town Code. This term is used synonymously with "Bylaw resource area," and each Bylaw resource area is defined in its respective section in Article
II of these regulations.
[Amended 3-6-2006]
RIVER
A Bylaw resource area (resource area subject to protection under the Bylaw), which is defined in §
503-15 of the Easton Town Code. A river is the same as a perennial stream.
RIVERFRONT AREA
A Bylaw resource area (resource area subject to protection under the Bylaw), which is defined in §
503-21 of the Easton Town Code.
SEDIMENT
Transported and deposited particles derived from rocks, soil,
or biological material. Sediment is also the layer of soil, sand,
and minerals at the bottom of surface waters, such as rivers, streams,
lakes, and ponds.
SHELLFISH
A Bylaw wetland value enumerated in §
227-1 of the Easton Town Code, which is defined in Mass. Regs. Code tit. 310, § 10.34(2).
SIGNIFICANT
A Bylaw resource area is significant to a Bylaw wetland value
when it "plays a role" in the provision or protection of that value.
[Amended 8-10-2009]
SOLE SOURCE AQUIFER11
An area designated under Section 1424(e) of the Federal Safe
Drinking Water Act of 1974, 42 USC § 300f et seq. The Canoe
River Aquifer is a nationally designated sole source aquifer in Region
I of the Environmental Protection Agency (EPA) as published on May
13, 1993, in the Federal Register at volume 58, page 28402. The petition
to designate the Canoe River Aquifer as a sole source aquifer was
filed on December 10, 1992.
STORM DAMAGE PREVENTION
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. Storm damage prevention is a Bylaw wetland value enumerated in §
227-1 of the Easton Town Code.
[Amended 3-5-2018]
STORMWATER BEST MANAGEMENT PRACTICES
(1)
A structural or nonstructural technique for managing stormwater
to prevent or reduce non-point source pollutants from entering surface
waters or ground waters. A structural stormwater best management practice
(BMP) includes a basin, discharge outlet, swale, rain garden, filter
or other stormwater treatment practice or measure either alone or
in combination including without limitation any overflow pipe, conduit,
weir control structure that:
(a)
is not naturally occurring;
(b)
is not designed as a wetland replication area; and
(c)
has been designed, constructed, and installed for the purpose
of conveying, collecting, storing, discharging, recharging or treating
stormwater.
(2)
Nonstructural stormwater best management practices include source
control and pollution prevention measures.
STORMWATER MANAGEMENT
a system for conveying, collecting, storing, discharging,
recharging or treating stormwater on-site including: stormwater best
management practices (BMPs) and any pipes and outlets intended to
transport and discharge stormwater to the ground water, surface water
or a municipal separate storm sewer system.
STREAM
A body of running water, including those called "brooks" and "creeks," that moves in a definite channel in the ground due to hydraulic gradient. A portion of a stream may flow through a culvert or beneath a bridge. A stream is a resource area subject to protection under the Bylaw as provided in §
227-2 of the Easton Town Code.
STREAM ORDER
The measure of the relative size of a stream or river. The
smallest tributaries are called "first-order" streams, while the largest
river in the world, the Amazon, is a twelfth-order waterway. When
two first-order streams come together, the streams form a second-order
stream; when two second-order streams come together, the streams form
a third-order stream; and so on. However, if a first-order stream
joins a second-order stream, the streams remain a second-order stream.
It is not until one stream combines with another stream of the same
order that the resulting stream increases by an order of magnitude.
SWAMP
A type of vegetated wetlands, a resource area subject to protection under the Bylaw as listed in §
227-2 of the Easton Town Code, defined in the Wetlands Protection Act, MGL c. 131, § 40, ninth paragraph, and listed in the Act as a type of "freshwater wetlands" in the eighth paragraph. Vegetated wetlands are noted as "freshwater wetlands" under the Bylaw at §
227-2 of the Easton Town Code.
VEGETATED WETLANDS
The same as a "freshwater wetlands," a Bylaw resource area (resource area subject to protection under the Bylaw), which is defined in §
503-17 of the Easton Town Code.
[Amended 8-10-2009]
VERNAL POOL
A Bylaw resource area which is defined in the Bylaw at §
227-9 and further in §
503-13 of the Easton Town Code.
VERNAL POOL SPECIES
Animals that depend upon the vernal pool and the upland adjacent
to the vernal pool for life, including but not limited to wood frogs
(Rana sylvatica), green frogs (Rana clamitans), mole salamanders (Ambystoma,
spp.), four-toed salamanders (Hemidactylium scutatum), Fowler's toads
(Bufo woodhoussi fowleri), American toads (Bufo americanus), spring
peepers (Hyla crucifer), and grey tree frogs (Hyla versicolor).
WATER POLLUTION
Industrial and institutional waste and other harmful or objectionable
material in sufficient quantities to result in a measurable degradation
of the water quality.
WET MEADOW
A type of vegetated wetlands, a resource area subject to protection under the Bylaw, as listed in §
227-2 of the Easton Town Code and defined in the Wetlands Protection Act, MGL c. 131, § 40, tenth paragraph, and listed in the Act as a type of "freshwater wetlands" in the eighth paragraph. Vegetated wetlands are noted as "freshwater wetlands" under the Bylaw at §
227-2 of the Easton Town Code.
WILDLIFE
Any non-domesticated mammal, bird, reptile, amphibian, fish, mollusk, arthropod, or other invertebrate, other than a species of the Class Insecta (Phylum Arthropoda, Subphylum Tracheata) that has been determined by the Commonwealth of Massachusetts or any agency thereof to be a pest the protection of which under the provisions of the Bylaw would be a risk to man. Wildlife is a Bylaw wetland value listed in §
503-1 of the Easton Town Code as authorized by the Bylaw at §
227-1 of the Easton Town Code.
WILDLIFE HABITAT
A Bylaw wetland value enumerated in §
227-1 of the Easton Town Code that is defined in the Wetlands Protection Act, MGL c. 131, § 40, nineteenth paragraph, as areas "which, due to their plant community composition and structure, hydrologic regime or other characteristics, provide important food, shelter, migratory or overwintering areas, or breeding areas for wildlife."
WORK
The same as "activity" as that term is defined above.