MGL c. 40, § 8C, and MGL c. 131, § 40 (hereafter
referred to as the "Act"), as well as 310 CMR 10, Wetlands Regulations,
are hereby incorporated by reference and made part hereof, except
as otherwise modified by the Beverly Wetlands Protection Ordinance
and the regulations promulgated herein and any subsequent amendments.
The definitions provided in the state regulations, 310 CMR 10.04,
shall apply to the ordinance and regulations except as otherwise modified
below:
An owner of land in any direction sharing a common boundary
or corner with the property of the proposed activity, including any
land located across a street, way, river, stream, brook, channel,
pond or diagonally across from an intersection of roads, and an owner
of land within 300 feet of the property line of the proposed activity.
An owner of land located more than 300 feet across a body of water
shall not be considered an abutter.
Includes, without limitation, the following actions when
undertaken in areas subject to the ordinance:
Changing the preexisting drainage characteristics, sedimentation
patterns, flow patterns or flood retention characteristics.
Placement of fill, excavation, or regrading.
Destruction of or adverse impact to plant life, including mowing,
cutting, removal and/or stockpiling of trees and shrubs.
Changing water temperature, biochemical oxygen demand, or other
physical or chemical characteristics of water.
Any activities, changes, or work which pollutes or causes displacement
of any body of water or groundwater.
Any activities, changes or work that cause negative impact or
loss of wildlife habitat.
Driving of piles, erection or repair of buildings or structures
of any kind that involves ground disturbance.
An area which floods from a rise in a bordering waterway
or water body (i.e., surface water). [See 310 CMR 10.57(2)(a) for
definition, critical characteristics and boundaries for this resource
area.]
The resource area which extends 100 feet from the edge of those wetland resource areas identified in § 565-3A(1) through (5). The 100-foot buffer zone may overlap with other resources (e.g., riverfront area and land subject to flooding). The following are within the 100-foot buffer zone:
FOOT NO-DISTURBANCE ZONE — That portion of the buffer zone which extends 25 feet from the edge of those wetland resource areas identified in § 565-3A(1), (3), (4), (5). Disturbance of any kind is prohibited within this zone, including but not limited to grading, landscaping, vegetation removal, pruning, cutting, filling, excavation, roadway construction and/or driveway construction, except as provided in § 565- 10D(2)(a).
FOOT NO-BUILD ZONE - That portion of the buffer zone which extends 50 feet from the edge of those wetland resource areas identified in § 565-3A(1), (3), (4), (5). Most buildings and structures are prohibited from this area, except as provided in § 56510D(3).
FOOT NO-DISTURBANCE ZONE FOR VERNAL POOLSS — The land area that extends 100 feet from the edge of any vernal pool that is located in an upland area or, in the case of a wetland resource area, that encompasses the pool [§ 565-3A(1), (3), (4), (5)], within 100 feet from the edge of said wetland resource area. Disturbance of any kind is prohibited within this zone, including but not limited to grading, landscaping, vegetation removal, pruning, cutting, filling, excavating, shading, roadway construction and/or driveway construction. The Commission may change the extent and location of this 100-foot no-disturbance zone for vernal pools based on the results of a biological and/or habitat evaluation, which may be required to determine the migratory pathways and other important habitat usage of vernal pool breeders.
An activity undertaken to provide immediate protection to
public health, safety and welfare.
Coincides with an "advisory" or more severe drought as declared
by the Massachusetts Drought Management Task Force in accordance with
a statewide drought management plan.
The period from March 15 to October 15.
An isolated depression or a closed basin which serves as
pond area for surface runoff (i.e., storm flowage) or high groundwater
which has risen above the ground surface. [See 310 CMR 10.57(2)(b)
for definition, critical characteristics and boundaries of this resource
area.]
A project change that the Commission determines will not result in an adverse impact to wetland resource area(s) and/or the interests protected under the Act and/or this ordinance and that the Commission otherwise deems not to be of sufficient magnitude in its nature, scope or impact to warrant a public hearing, pursuant to § 565-24B.
Defined under these regulations the same as it is in 310
CMR 10.04 (Agriculture).
Collectively refers to orders of conditions, determination(s)
of non-significance, enforcement order(s), determinations of applicability,
orders of resource area delineation, minor project permits, minor
modifications or amendments to order of conditions, tree removal permits
and any other approval decision issued by the Commission.
Any open body of fresh water, either naturally occurring
or man-made, with a surface area observed or recorded within the last
10 years of at least 5,000 square feet, and which is never without
standing water due to natural causes, except during periods of extended
drought, as defined above.
A formal meeting open to the public, subject to statutory
requirements, at which the Commission allows members of the public
to ask questions and provide comments. A public hearing is required
for a notice of intent, abbreviated notice of intent, abbreviated
notice of resource area delineation, and amendments to orders of conditions
under the Act and the ordinance.
Meetings open to the public but at which the Commission is
not legally required to accept questions or comments from the public.
Requests for determination of applicability, requests for extension,
minor modifications, requests for certificate of compliance and minor
project permits are reviewed and determined at public meetings.
Passive recreation activities that do not conflict with or
diminish other wetland values and functions. Examples include, without
limitation, bird watching, nature studies, walking, hiking, and canoeing.
To officially rescind or annul an order of conditions or
other permit issued under the Act and ordinance.
Any natural flowing body of water that empties to any ocean,
lake, pond or other river and which flows throughout the year. Rivers
include streams (see 310 CMR 10.04, Stream) that are perennial because
surface water flows within them throughout the year. [See 310 CMR
10.58(2) et seq. for what constitutes a perennial stream.]
Those areas subject to protection under the Act, the ordinance
and these regulations.
Those areas subject to the ordinance which, due to their
plant community composition and structure, hydrologic regime or other
characteristics, provide food, shelter, or areas for migration, overwintering,
breeding, nursing or rearing for wildlife.
