The definitions in this §
390-2 are for terms as used in the Bylaw and for terms as used in these regulations. To the extent not defined herein or in the Bylaw, words used in the Bylaw or in the regulations shall have the definitions contained in the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) and the rules and regulations promulgated thereunder.
ABUTTER
An owner of land in any direction sharing a common boundary
with the site of the proposed activity, including any land located
directly across a street, way, stream, pond, or diagonally across
from an intersection of roads. A landowner more than 300 feet across
a pond shall not be considered an abutter.
ACTIVITY
Same as the definition of "work."
ADVERSE IMPACT
A greater-than-negligible change in the resource area or one of its characteristics, functions or factors that diminishes the value of the resource area to one or more of the specified interests in Chapter
136, Wetlands, of the Code of the Town of Nantucket, as determined by the Commission. "Negligible" means small enough to be disregarded and shall be defined in relation to the wetland resource areas impacted.
AGRICULTURAL PRACTICES
A.
LAND IN AGRICULTURAL USEAny qualifying wetland within a farm which is qualified or eligible to be qualified under the Farmland Assessment Act, MGL c. 61A § 1 through § 5.
B.
QUALIFYING WETLANDOnly inland freshwater areas which are seasonally flooded basins or flats or inland fresh meadows.
C.
(1)
Shall mean only:
(a)
Tilling practices customarily employed in the raising of crops.
(b)
Pasturing of animals, including such fences and protective structures
as may be required.
(c)
Use of fertilizers, pesticides, herbicides and similar materials,
subject to local, state and federal regulations covering their use.
(d)
Construction, grading or restoring of field ditches, subsurface
drains, grass waterways, culverts, access roads and similar practices
to improve drainage, prevent erosion, provide more effective use of
rainfall and improve equipment operation and efficiency in order to
improve conditions for the growing of crops.
(2)
"Improvement of land in agricultural use" may also include more
extensive practices such as the building of ponds, dams, structures
for water control, water and sediment basins and related activities,
but only where a plan for such activity is approved by the Conservation
District of the Soil Conservation Service is furnished to the Conservation
Commission prior to the commencement of work. All such activity shall
subsequently be carried out in accordance with said plan. In the event
that the work is not carried out in accordance with the required plan,
the Conservation Commission may place a stop order on said work and
have recourse to such measures as if the plan were an order of conditions.
ALTER
Includes, without limitation, the following actions when
undertaken in areas subject to these regulations: removal, excavation
or dredging of soils, sand, gravel, or aggregate materials of any
kind; changing drainage characteristics, flushing characteristics,
salinity distribution, sedimentation patterns, flow patterns, and
flood-retention characteristics; drainage or other disturbances of
water level or the water table; dumping, discharging, or filling with
any materials which may degrade water quality; driving of piles or
erection of buildings or structures of any kind; placing of obstructions,
whether or not they interfere with the flow of water; destruction
of plant life, including cutting trees; changing of water temperature,
biochemical oxygen demand, or other physical or chemical disturbances
of the water; placing of fill, or removal of material, which would
alter elevation; any activity, changes, or work which causes or contributes
to the pollution of a body of water or groundwater; application of
herbicides or fertilizers other than in agricultural use; incremental
activities which have a cumulative adverse impact on the interests
protected by these regulations.
APPLICANT
The individual filing the Nantucket notice of intent, or
Nantucket request for determination of applicability or other request
for action and/or permit or permit modification with the Commission.
AQUATIC VEGETATION
Any rooted or free-floating plant that spends a portion of
its life cycle either immersed or submersed by water.
AREAS SUBJECT TO PROTECTION
Land areas and/or water bodies subject to protection under the Bylaw, as set forth in Chapter
136, Wetlands, §
136-3, of the Code of the Town of Nantucket.
BANK (COASTAL)
The seaward face or side of any elevated land form, other
than a coastal dune, which lies at the landward edge of a coastal
beach, coastal dune, land subject to tidal action or coastal storm
flowage, or other coastal wetland. Any minor discontinuity of the
slope notwithstanding, the top of the bank shall be the first significant
break in slope as defined by site-specific topographic plan information,
site inspection, wetland habitat evaluation, geologic origin, and/or
relationship to land subject to coastal storm flowage. A bank may
be partially or totally vegetated, or it may be comprised of exposed
soil, gravel, stone, or sand. A bank may be created by man and/or
made of man-made materials. A bank may or may not contribute sediment
to coastal dunes, beaches and/or to the littoral drift system. A bank
may be significant as a major source of sediment, as a vertical buffer,
for wildlife habitat and for wetland scenic views.
BANK (INLAND)
The portion of land surface that normally abuts or confines
a water body. A bank may be partially or totally vegetated, or it
may be comprised of exposed soil, gravel, stone, or sand. The physical
characteristics of a bank, as well as its location, are critical to
the protection of wetland interests. The upper boundary of a bank
is the first observable break in slope above the ten-year flood level.
The lower boundary of a bank is the annual high water elevation of
the water body. A bank may be created by man and/or made of man-made
materials.
BEACH
Unconsolidated sediment subject to wave, tidal, or storm
action which forms the gently sloping shore of a body of water, including
land which is separated from other land by a body of water or a marsh
system. Beaches extend from the mean low water line landward to the
dune line, bank line, or the edge of existing man-made structures,
when these structures replace one of the above lines, whichever is
closest to the defining water body.
BEST AVAILABLE MEASURES
The most up-to-date technology or the best designs, measures,
or engineering practices that have been developed and that are commercially
available.
BEST PRACTICAL MEASURES
Technologies, designs, measures, or engineering practices
that are in general use to protect similar interests.
BOATHOUSE
Any structure on or near the water used exclusively for the
storage and maintenance of boats, with related items. A boathouse
may not contain habitable space. Boathouses shall not be used for
storage or maintenance of boats trailered to or from off-site.
BOG
Areas where evidence of depth to high groundwater is within
18 inches of the ground surface during a normal growing season, and/or
where soils exhibit hydric characteristics, and/or where a plant community
has a significant portion of the groundwater or water surface covered
with Sphagnum moss (Sphagnum) and where the plant community is made
up of a significant portion of one or more, but not limited to nor
necessarily including all, of the following plants or groups of plants:
aster (Aster nemoralis), azaleas (Rhododendron canadense and R. viscosum),
bog cotton (Eriophorum), cranberry (Vaccinium macrocarpon), high-bush
blueberry (Vaccinium corymbosum), laurels (Kalmia augustifolia and
K. polifolia), leatherleaf (Chamaedaphne calyculata), orchids (Arethusa,
Calopagon, Pagonia), pitcher plants (Sarracenia purpurea), sedges
(Cyperaceae), sundews (Droseracae), and sweet gale (Myrica gale).
BOUNDARY
The boundaries of an area subject to protection under the
Bylaw.
BUILDING UPON
Construction of any kind of structure, whether on land or
in water; placing of obstructions or objects in water (other than
boats, moorings, fish or shellfish traps, pens or trays used in conjunction
with aquaculture, or aids to navigation).
CERTIFICATE OF COMPLIANCE (NANTUCKET)
A written determination by the Commission that the proposed
work or portion thereof has been completed as required by a permit.
In some instances, a certificate of compliance may also be issued
stating that no work has been undertaken or completed within the time
frame allowed by the permit issued.
COASTAL DUNE
Any hill, mound, ridge, or field of ridges, hills, or mounds,
composed of sediment, any portion or component of which, over the
course of a year, touches upon, exchanges sediment with, and is landward
of a coastal beach deposited by wind action, storm overwash, and/or
is man-made.
COASTAL DUNE FIELD
An assemblage or grouping of coastal dunes, at least a portion
of which over the course of a year touches upon, exchanges sediment
with, and is landward of a coastal beach, that may or may not be oriented
parallel to the shoreline or in response to a dominant wind direction
but has been deposited by wind action, wave action, and/or by storm
overwash.
COASTAL WETLAND
Any bank, beach, dune, estuary, marsh, swamp, meadow, flat,
or other lowland subject to tidal action or coastal storm flowage
from the ocean or an estuary.
CONDITIONS
Those requirements set forth in a written permit issued by
the Commission for the purpose of permitting, regulating, or prohibiting
any activity that alters an area or adversely impacts an interest
subject to protection under the Bylaw.
DATE OF ISSUANCE
The date the permit, determination, or a certificate of compliance
is mailed, as evidenced by a postmark, or the date it is hand-delivered.
DEPARTMENT
Massachusetts Department of Environmental Protection (DEP).
DEPTH TO GROUNDWATER
Shall be determined by best information available, including
but not limited to the methods listed below:
A.
Direct observation of highest groundwater elevation (including
seasonal and perched groundwater).
B.
Direct observation of mottling (redoximorphic features).
C.
By calculation using the USGS Frimpter high groundwater adjustment
method.
DREDGE
To deepen, widen, or excavate, either temporarily or permanently.
DUNE
Any hill, mound, or ridge of sediment landward of a coastal
beach deposited by wind action, storm overwash, or man-made. Coastal
dunes are significant for flood control, as a sediment supply to down
drift coastal resource areas, for rare/significant habitat, for recreation,
and for wetland scenic views.
ELEVATED WALKWAY
Any structure that ends landward of mean high water, used
for pedestrian access over a salt marsh, coastal dune, coastal dune
fields, coastal banks, bordering vegetated wetlands, filled and flowed
tidelands. This definition includes beach stairs.
ENGINEERING STRUCTURE
Any bulkhead, revetment, wall, rip-rap, groin, jetty, plastic
sheeting, or other structure intended or constructed so as to prevent,
alter, alleviate, or contribute to storm damage or modify wave action,
littoral flow, erosion, surface water pollution, or groundwater quality
or flow.
ERODING SHORELINE
Any beach, coastal bank, or dune, the waterside edge of which
has undergone a net retreat due to water and wave action over a six-year
period ending on the date on which an application is filed.
EROSION CONTROL
The prevention or reduction of the detachment or movement
of soil or rock fragments by water, wind, ice, and/or gravity.
ESTUARY
Any area or partially enclosed coastal body of water where
freshwater and saltwater meet and mix and where tidal effects are
evident.
EXISTING
Begun or completed prior to the effective date of these regulations,
or in accordance with permits issued under these regulations.
EXTENSION PERMIT
A written extension of time within which the authorized activity shall be completed, as permitted by Chapter
136, Wetlands, §
136-4B, of the Code of the Town of Nantucket.
FILL
To deposit any material so as to change any grades or raise
an elevation, either temporarily or permanently.
FISHERIES
All species of freshwater and saltwater finfish, including
the nutrient sources and habitat in which they live all or part of
their life cycles.
FLAT
Any nearly level part of a shoreline or coastal beach that
usually extends from the extreme low-water line landward to the more
steeply sloping face of a coastal beach or bank. The flat may be separated
from the beach by land under the ocean.
FLOOD CONTROL
The prevention or reduction of flooding and flood damage.
FRESHWATER WETLAND
A wet meadow, freshwater marsh, swamp, bog, pond, lake, creek,
or stream; an area of low topography where groundwater, flowing water,
standing surface water, or ice provides a significant part of the
supporting substrate for a plant community for at least five months
of the year; characterized by emergent and submergent plant communities
in inland waters; and/or where depth to high groundwater is within
18 inches of the ground surface, and/or exhibits hydric soil characteristics
and includes that portion of any inland bank which touches any freshwater
wetland. Freshwater wetlands are not defined to include drainage facilities
constructed to include wetland vegetation as treatment from stormwater
runoff.
GRANDFATHERING/PREEXISTING USE
A.
Allows that the use and normal maintenance of any structure
or alteration of land, within wetland resource areas and their buffers,
existing at the time of enactment of MGL c. 131, § 40 (effective
date 1972) or the Town of Nantucket Wetlands Protection Bylaw (effective
date 1983), or subsequent revisions, may be continued, subject to
the following:
(1)
Existing structures, uses and/or alterations of land may not
be extended and/or modified unless such extension or modification
is permitted by a finding of the Commission that such alteration or
modification shall have no adverse impact on the resource areas and
interests protected by the Town of Nantucket Wetlands Protection Bylaw.
(2)
Existing structures, uses and/or alterations of land which have
been abandoned for five years or more shall not be reestablished,
and any future use shall conform with then-current provisions of the
Town of Nantucket Wetlands Protection Bylaw, as appropriate.
B.
Maintenance and/or repair to existing on-site sewage disposal
systems and wells is excluded from this definition.
GROUNDWATER
Water below or seeping from the earth's surface in the zone
of saturation.
HABITABLE SPACE
Space in a structure for living, sleeping, eating, or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
space, and similar areas are not considered habitable space.
HABITAT
Where wildlife find what they need to survive: food, water,
cover from predators and weather, breeding and rearing areas, and
over-wintering areas.
A.
Habitat includes any portion of any wetland resource area:
(1)
Within which are located any species (plant or animal) recognized
as significant by the Commission following a public hearing thereon.
(2)
Which falls within any of the most recent state-estimated habitat
maps, adopted by the Commission following a public hearing thereon.
B.
All flora and fauna listed by the Massachusetts Natural Heritage
and Endangered Species Program and their environs shall be considered
significant to the interests of the Town of Nantucket Wetlands Protection
Bylaw.
C.
"Vernal pool habitats," regardless of whether the site has been certified by the Massachusetts Natural Heritage and Endangered Species Program, are defined as confined basin depressions which, at least most years, hold water for a minimum of two continuous months during the spring and/or summer, and which are free of adult fish populations. Areas within 100 feet of the mean annual boundaries of such depressions, to the extent that such habitat is within an area subject to protection under the Town of Nantucket Wetlands Protection Bylaw as specified in Chapter
136, Wetlands, §
136-3, of the Code of the Town of Nantucket, are deemed essential breeding habitat, and provide other extremely important habitat functions during the nonbreeding season as well, for a variety of amphibian species, and are important habitat for other wildlife species, and shall be considered significant to the interests of the Town of Nantucket Wetlands Protection Bylaw. The Commission must determine, in the case that a vernal pool has not been certified by the Massachusetts Natural Heritage and Endangered Species Program, that it has successfully been identified as eligible for certification by its consultants or a professional wildlife biologist or other expert.
LAKE
Any open body of freshwater or saltwater, either naturally
occurring or man-made by impoundment, which is never without standing
water due to natural causes except during periods of extended drought,
and the land under the water body. Basins or lagoons which are part
of wastewater treatment plants shall not be considered ponds, nor
shall swimming pools, man-made water bodies that are not hydrologically
connected to adjacent water bodies, groundwater (including perched
groundwater), or other impervious man-made retention basins.
LAND SUBJECT TO COASTAL STORM FLOWAGE
Land subject to any inundation caused by coastal storms up
to and including that caused by the one-hundred-year storm, surge
of record, or storm of record, whichever is greater.
LAND SUBJECT TO FLOODING
An area of low, flat topography, or a depression or basin
either 1) hydrologically directly connected with a water body, extending
from the banks or the upland edge of the vegetated wetlands surrounding
this water body, or 2) an isolated depression or basin which on the
average at least every five years confines standing water over an
area of at least 1,000 square feet as observed under conditions of
average rainfall. The boundary of land subject to flooding which is
hydrologically connected to a water body is the estimated lateral
extent of the flooding, which shall be based on the one-hundred-year
storm event during a year of average rainfall, or by actual record
if that is higher. Constructed drainage facilities and/or swales will
not be considered as land subject to flooding for the purposes of
the Nantucket Wetlands Protection Bylaw.
MARSH (FRESHWATER)
Areas where a plant community exists in standing or running
water during the growing season, and/or where depth to high groundwater
is within 18 inches of the surface and/or where soils exhibit hydric
characteristics, and where a significant part of the plant community
is composed of, but not limited to nor necessarily including all,
the following plants or groups of plants: arums (Araceae), bladder
worts (Utricularia), bur reeds (Sparganiaceae), button bush (Cephlanthus
occidentalis), cattails (Typha), duck weeds (Lemnaceae), eelgrass
(Vallisneria), frog bits (Hydrocharitaceae), horsetails (Equisetaceae),
hydrophilic grasses (Graminae), leatherleaf (Chamaedaphne calyculata),
pickerel weeds (Pontederiaceae), pipeworts (Eriocaulon), pond weeds
(Pontederiaceae), rushes (Juncaceae), sedges (Cyperaceae), smartweeds
(Polygonum), sweet gale (Myrica gale), water milfoil (Haloragaceae),
water lilies (Nympheacea), water starworts (Callitrichaceae), or water
willow (Decodon verticillatus).
MARSH (SALTWATER)
A coastal wetland that extends from the ocean landward up
to the highest spring tide line, where soils exhibit hydric characteristics,
and where a significant part of the plant community is composed of,
but not limited to nor necessarily including all, the following plants
or groups of plants: salt meadow cord grass (Spartina patens), salt
marsh cord grass (Spartina alterniflora), spike grass (Distichlis
spicata), sea lavender (Limonium nashii), seaside plantagao (Plantagao
juncoides), aster (Aster subulatus), sea-blite (Suaeda maritima),
black-grass (Juncus gerardi), samphire (Salicornia europaea), glasswort
(S. begelovii), reed (Phragmites communis), saltmarsh bulrush (Scirpus
robustus), or cattails (Typha spp.).
MEADOWS (WET)
Areas where groundwater is at the surface for a significant
part of the growing season, and/or where depth to high groundwater
is within 18 inches of the surface, and/or where soils exhibit hydric
characteristics including mottling within 18 inches of the ground
surface, and where a significant part of the plant community is composed
of various grasses, sedges, and rushes, made up of, but not limited
to nor necessarily including all, the following plants or groups of
plants: blue flag (Iris), vervain (Verbena), thoroughwort (Eupatorium),
dock (Rumex), false loosestrife (Ludwigia), hydrophilic grasses (Graminae),
loosestrife (Lythrum), marsh fern (Dryopterus thelypteris), rushes
(Juncacea), sedges (Cyperaceae), sensitive fern (Onoclea sensibilis),
smartweed (Polygonum), or jewelweed (Impatiens capensis).
MEPA
The Massachusetts Environmental Policy Act, MGL c. 30, § 62
through § 62H, and regulations promulgated pursuant thereto,
310 CMR 10.00 et seq.
MINIMIZE (NO SIGNIFICANT IMPACT)
To achieve the least amount of adverse impact that can be
attained through siting or using best available measures or best practical
measures, as deemed appropriate by the Commission.
NANTUCKET NOTICE OF INTENT (NNOI)
The written application filed by any person intending to alter an area subject to protection under the Nantucket Wetlands Bylaw, as described in Chapter
136, Wetlands, §
136-3C, of the Code of the Town of Nantucket.
NOTICE OF INTENT
The written notice filed by any person intending to alter
an area subject to protection under the Massachusetts Wetlands Protection
Act, MGL c. 131, § 40.
PERMIT
The document issued by the Commission containing conditions
that regulate or prohibit an activity under the Bylaw.
PERSON
Includes 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 agencies, public or quasi-public corporations
or bodies, the Town of Nantucket and any other legal entity, its legal
representatives, agents or assigns.
PIER
Any structure, floating or fixed, attached or adjacent to
land, and placed in or and extending into coastal inland waters (in
the case of tidal waters, seaward of the mean high tide line), which
is designed, or is suitable for use, for access to vessels, or for
swimming or any other similar recreational, commercial, or educational
purpose.
POLLUTION
Contamination of land, or surface water or groundwater with
materials not normally present in those waters, or with elevated levels
of naturally occurring materials.
POND, FRESH OR SALT
Any open body of water, either naturally occurring or man-made
by impoundment, which is never without standing water due to natural
causes except during periods of extended drought, and the land under
the water body. Basins or lagoons which are part of wastewater treatment
plants shall not be considered ponds, nor shall swimming pools, man-made
water bodies that are not hydrologically connected to adjacent water
bodies, groundwater (including perched groundwater), or other impervious
man-made retention basins.
PRIVATE WATER SUPPLY
Any source or volume of surface water or groundwater to be
in private use or demonstrated to have a potential for private use,
including drinking water supply, irrigation, or for fire protection.
PROJECT
A proposal to do work or the performance of such work; an
undertaking.
PUBLIC WATER SUPPLY
Any source or volume of surface water or groundwater demonstrated
to be in public use for drinking water or fire protection, or approved
for water supply pursuant to MGL c. 111, § 160 by the Division
of Water Supply of the DEP, or demonstrated to have a potential for
public use as a drinking water supply or for fire protection.
RECREATION
Activities of individuals done for relaxation carried out
in resource areas of the Bylaw, which include but are not limited
to swimming, picnicking, walking, hunting, fishing, and boating.
REMOVE
To take away any type of material, including vegetation,
or thereby change an elevation, either temporarily or permanently.
RIVER
Any natural flowing body of water that empties to any ocean,
lake, pond, or other river, and which flows throughout the year.
SHELLFISH
Aquatic mollusks and crustaceans: bay scallop (Argopecten
irradians), blue mussel (Mytilus edulis), ocean quahog (Arctica islandica),
American oyster (Crassostrea virginica), quahog (Mercenaria merceneria),
razor clam (Ensis directus), surf clam (Spisola soldissma), sea scallop
(Placopecten magellamicus), soft-shell clam (Mya arenaria), lobster
(Homarus americanus), and blue crabs (Callinectes sapidus), knobbed
whelk (Busycon carica), waved whelk (Buccinum undatum), and channel
whelk (Busycon canaliculatum). The term "shellfish" also shall include
horsehoe crab (Limulus polyphemus).
SOIL TEMPERATURE
The temperature of the soil four inches below the surface
grade as taken by a soil thermometer.
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.
STREAM
A body of running water, and the land under the water, which
includes brooks, creeks, and man-made watercourses, which moves in
a defined channel or swale due to hydraulic gradient. A stream may
be intermittent, that is, it does not flow throughout the year.
STRUCTURE
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, framework, retaining
wall, platform, bin, radio antenna mast, or the like. The term "structure"
may also be applied to appurtenances that are constructed of impervious
surfaces, such as but not limited to swimming pools, recreational
playing courts, roads, parking areas, parking lots, driveways, etc.
Drainage basins, split-rail fences, septic tanks, subsurface propane
tanks, and signs are not structures. The word "structure" shall be
construed, where the context requires, as though followed by the words
"or part or parts thereof."
STRUCTURE, COASTAL ENGINEERING
Any structure intended or constructed so as to prevent or
alleviate storm damage, or modify tidal action, wave action, littoral
flow, or erosion. Examples of these structure may include but are
not limited to any bulkhead, revetment, seawall, rip-rap, groin, jetty,
artificial seaweed, geotextile fabric, plastic sheeting, multiple
rows of fencing or other as determined by the Commission.
SWAMPS
Areas where depth to high groundwater is within 18 inches
of the surface, and/or where runoff water from surface drainage frequently
collects above the soil surface, and/or where soils exhibit hydric
characteristics, and where a significant portion of the plant community
is made up of, but not limited to nor necessarily including all, the
following plants or groups of plants: alders (Alnus), ashes (Fraxinus),
azaleas (Rhododendron canadense and R. viscosum), black alder (Ilex
verticillata), button bush (Cephalanthus occidentalis), highbush blueberry
(Vaccinium corymbosum), poison sumac (Toxicodendron vernix), red maple
(Acer rubrum), sphagnum mosses (Sphagnum), black gum tupelo (Nyssa
sylvatica), sweet pepper bush (Clethra alnifolia), willow (Salicaceae),
and common reed (Phragmites communis).
WATER-DEPENDENT USES
Projects which require direct water access for their intended
use and therefore cannot be located out of the area subject to protection
under the Bylaw. Examples include, but are not limited to: docks,
piers, boat landings, boathouses, marinas, stairs to beaches, and
boardwalks over wetland vegetation. Projects which benefit from wetlands
access but which do not require it are not water-dependent uses. Examples
include: restaurants, dwellings, and commercial enterprises servicing
marine-related uses, such as fish markets, repair facilities, ships'
chandleries, and general use recreational trails.
WETLAND SCENIC VIEWS
Those areas which provide important visual linkage for the
public with scenic wetlands that are vistas typical of and serve to
define the unique Nantucket environment. Scenic wetlands include but
are not limited to the following features: expansive open space, significant
habitat areas, large areas of natural features, placement and sizing
of both natural and man-made features, or mix of colors and textures
created by interactions among water, sand, and different types of
vegetation. Visual linkage for the public is not restricted to views
from public ways, but also encompasses views from areas used by the
public, such as private and public conservation land, dirt "moor"
roads, major private ways intensively used by the public, great ponds,
beaches, banks (eroding and noneroding, coastal and inland), Nantucket's
harbors, and the ocean.
WILDLIFE
All nondomesticated mammals, birds, reptiles, amphibians,
fishes, or invertebrates which are dependent upon a wetland resource
defined by the Bylaw for any part of their life cycle. Special consideration
shall only be given to members of the class Insecta if they are rare
or endangered as defined by the Massachusetts Natural Heritage Program
or its successor, or if they are a major food source for other wildlife,
but not if the insect species is determined by the Commission and/or
the Board of Health to constitute a pest whose protection under the
Bylaw would be a health risk to humans at the proposed project site.
WORK
All activities set forth in the Bylaw, Chapter
136, Wetlands, §
136-3A, of the Code of the Town of Nantucket, including altering, removing, filling, dredging, or building upon.