[HISTORY: Adopted by the Town Meeting of the Town of Winchendon May 2007 (Art. 29 of the Bylaws). Amendments noted where applicable.]
A. 
The purpose of this bylaw is to maintain the quality of surface water, the quality and level of the groundwater table and water recharge areas for existing or potential water supplies; to protect the public health and safety; to protect persons and property against the hazards of floodwater inundations; to protect the community against the costs which may be incurred when unsuitable development occurs in wetland resources areas; and to provide for the reasonable protection and conservation of certain irreplaceable natural features, resources and amenities for the benefit and welfare of the present and future inhabitants of the Town of Winchendon.
B. 
Accordingly, this bylaw protects the wetlands, related water resources, and certain adjoining land areas in the Town by providing for prior review and control of activities deemed to have a significant or cumulative adverse effect upon wetland values. Collectively, the wetlands values protected by this bylaw include but are not limited to the following: protection of public and private water supply, protection of groundwater supply, flood control, erosion and sedimentation control, storm damage prevention, avoidance of water and soil pollution, protection of wildlife habitat, rare species habitat, including rare plant species, protection of agriculture and aquaculture and recreation values deemed important to the community.
C. 
This bylaw is intended to utilize the Home Rule authority of the Town of Winchendon to protect the resource areas and associated values currently being regulated under the Massachusetts Wetlands Protection Act (MGL c. 131, § . 40; the "Act") to a greater degree, to protect additional resource areas beyond the Act recognized by the Town as significant, to protect all resource areas for their additional values beyond those recognized in the Act, and to impose in local regulations and permits additional standards and procedures stricter than those of the Act and regulations thereunder (310 CMR 10.00); subject, however, to the rights and benefits accorded to agricultural uses and structures of all kinds under the laws of the commonwealth and other relevant bylaws of the Town of Winchendon, and regulations thereunder (310 CMR 10.00).
A. 
Except as permitted by the Conservation Commission or as provided in this bylaw, no person shall commence to remove, fill, dredge, build upon, degrade, pollute or discharge into, or otherwise alter the following resource areas protected by this chapter (collectively, "wetland resource areas"): any wetland, including, but not limited to, any freshwater wetland, marshes, flats, wet meadow, bogs, swamps, vernal pools, springs, banks, reservoirs, lakes, ponds of any size, and lands under water bodies; intermittent streams, creeks, brooks; lands adjoining these resource areas out to a distance of 100 feet, known as the "buffer zone"; perennial rivers, streams, brooks and creeks; land adjoining these resource areas out to a distance of 200 feet, known as the "riverfront area"; lands subject to flooding or inundation by groundwater or surface water; and lands subject to storm flowage or flooding (collectively the "resource areas protected by this bylaw"). Said resource areas shall be protected whether or not they border surface waters.
B. 
The jurisdiction of this bylaw shall not extend to uses and structures of agriculture that are under the rights and privileges of laws and regulations of the commonwealth governing agriculture, including work performed for normal maintenance or improvement of land in agricultural or aquaculture uses as defined by the Wetland Protection Act regulations found at 310 CMR 10.04.
A. 
The application and permit required by this bylaw shall not be required for maintaining, repairing, or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public to provide electric, gas, water, telephone, telegraph or other telecommunication services, provided that written notice has been given to the Commission prior to commencement of work, and provided that the work conforms to performance standards and design specifications in regulations adopted by the Commission (8 interests of the "Act", cover sheet).
B. 
The application and permit required by this bylaw shall not be required for emergency projects necessary for the protection of the health and safety of the public, provided that the work is to be performed by or has been ordered to be performed by an agency of the commonwealth or a political subdivision thereof; provided that advance notice, oral or written, has been given to the Commission prior to commencement of work or within 24 hours after commencement; provided that the Commission or its agent certifies the work as an emergency project; provided that the work is performed only for the time and place certified by the Commission for the limited purposes necessary to abate the emergency; and provided that within 21 days of commencement of an emergency project a permit application shall be filed with the Commission for review as provided by this bylaw. Upon failure to meet these and other requirements of the Commission, the Commission may, after notice and public hearing, revoke or modify an emergency project approval and order restoration and mitigation measures.
C. 
A request for determination of applicability may be requested, but no notice of intent need be filed for the replacement, repair, or installation of a residential septic system that meets the requirements of Title 5 of the State Environmental Code (310 CMR 15.00), and has received a permit from the Winchendon Board of Health, and that meets the setback requirements of this bylaw.
D. 
Notwithstanding the other provisions of this bylaw, the Commission may issue an order of conditions for limited projects listed under Section 10.53(3) of the wetland protection regulations promulgated under the Massachusetts Wetland Protection Act [310 CMR 10.53(3)].
E. 
Notwithstanding any provision of this chapter to the contrary, the alteration of any residential, business or institutional building or customary appurtenance thereto, such as lawns, gardens, landscaped or other developed areas, where such structure or appurtenance existed prior to the effective date of this bylaw, shall not be subject to this bylaw, but shall be regulated exclusively by the provisions of MGL c. 131, § 40.
F. 
Strict compliance with this bylaw may be waived when, in the judgment of the Conservation Commission, such action is in the public interest and is consistent with the intent and purpose of the bylaw. Any request for a waiver must be submitted to the Commission in writing. The waiver shall be presented at the time of filing along with a written justification stating why a waiver is desired or needed, is in the public benefit, and is consistent with the intent and purpose of the bylaw. In no cases will a decision under this bylaw be less stringent than the Wetland Protection Act's requirement.
G. 
Other than stated in the section, the exemptions provided in the Wetlands Protection Act (MGL c. 131, § 40) and regulations (310 CMR 10.00) shall not apply under this bylaw.
A. 
Written application shall be filed with the Commission to perform activities affecting resource areas protected by this bylaw. The permit application shall include such information and plans as are deemed necessary by the Commission to describe proposed activities and their effects on the resource areas protected by this bylaw. No activities shall commence without receiving and complying with a permit issued pursuant to this bylaw. The Commission may waive the filing fee, consultant fee, and costs and expenses for a permit application or RDA filed by a government agency.
(1) 
Written application shall be filed with the Commission to perform activities affecting resource areas and buffer zones protected by this bylaw. The permit application shall include such information and plans as are deemed necessary by the Commission as specified in the bylaw. No activities shall commence without receiving and complying with a permit issued pursuant to this bylaw.
(2) 
The Commission may, where it deems it appropriate, accept as the permit application and plans under this bylaw the notice of intent and plans required to be filed under the Wetlands Protection Act, MGL c. 131, § 40, and regulations thereunder at 310 CMR 10.00 et seq.
(3) 
Any person may request the Conservation Commission to make a determination as to whether or not a proposed project in the wetland or "buffer zone" is significant to the interests protected by the bylaw. The Commission or its agents may, for the purpose of carrying out its duties under this bylaw, request such plans or information as may be necessary for its evaluation, may enter upon the subject land, and may make or require to be made such examination or survey as it deems necessary.
(4) 
At the time of the permit application, the applicant shall pay a filing fee according to the schedule in the Town of Winchendon and Wetland Protection Act regulations. This fee is nonrefundable.
(5) 
Any additional outside expert engineering or consultant services will be at the expense of the applicant. The entire fee must be received before the initiation of consulting services. Failure by applicant to pay the consultant fee within 10 business days shall be cause for the Commission to declare the application administratively incomplete and deny the permit without prejudice, except in the case of an appeal. The Commission shall inform the applicant and Department of Environmental Protection (DEP) of such a decision in writing.
(6) 
All plans shall also show the location of the wetland boundaries and shall be at a scale of one inch equals 40 feet or any such scale that adequately depicts the area.
(7) 
All properties shall be staked for any proposed buildings and wetland delineations.
(8) 
The Commission may extend an order of conditions once for a period of up to three years. Written requests for an extension permit shall be made not less than 30 calendar days prior to the expiration of said order of conditions.
(9) 
The Commission may deny an extension permit under any of the following circumstances:
(a) 
Where no activity has begun on the project, except where such failure is due to unavoidable delay, such as appeals in obtaining other necessary permits.
(b) 
Where new information not available at the time of the original permit filing has become available and indicates that the order of conditions is insufficient to protect the areas subject to protection.
(c) 
Where activity is causing damage to areas subject to protection.
(d) 
Where there has been activity in violation of the order of conditions.
(e) 
Where an extension permit has been previously granted for the order of conditions.
(10) 
Site checks will be based on accessibility due to snow depth and ice.
B. 
The Commission in an appropriate case may accept as the permit application and plans under this bylaw any application and plans filed under the Wetlands Protection Act (MGL c. 131, § 40) and regulations (310 CMR 10.00), but the Commission is not obligated to do so.
C. 
Any person desiring to know whether or not a proposed activity or an area is subject to this bylaw may in writing request a determination from the Commission. Such a request for determination of applicability (RDA) or abbreviated notice of resource area delineation (ANRAD) filed under the Act shall include information and plans as are deemed necessary by the Commission.
D. 
Any person may request the Conservation Commission to verify the precise boundaries of a resource area, including the buffer zone. A request for resource area delineation, using the form designated by the Commission, shall be sent by certified mail or hand delivered to the Commission and standardized procedures will be followed under MGL c. 131, § 40. If the Commission determines that additional data or information is necessary, the hearing may be continued to a specific date and time announced at the hearing, agreeable to both the applicant and the Commission. The order of resource area delineation shall be issued within 21 days after the public hearing and may be identical to any such delineation issued under the provisions of the Massachusetts Wetlands Protection Act (MGL c. 131, § 40).
E. 
Any person submitting an application for a permit to build, that has the potential to acquire future permits for lots in the same boundary ownership, shall include in those plans all boundaries of ownership for potential future building lots. This action may help prevent potential future nonconforming lots (hardships) involving the protection of wetland resource areas.
Prior to issuing any permits or orders of conditions (Section 12.8.2 Determinations), the Conservation Commission shall hold a public hearing on any permit application, RDA or ANRAD with written notice given at the expense of the applicant. Notice of time and place of such hearing shall be posted not less than five business days prior to the public hearing, by publication in a newspaper of general circulation in the Town and by mailing a notice to the applicant, the Board of Health and the Planning Board. Such hearing may be held at the same time and place as any public hearing required to be held under MGL c. 131, § 40. The Commission shall commence the public hearing within 21 days from receipt of a completed permit application, RDA or ANRAD unless an extension is authorized in writing by the applicant. The Commission shall have authority to continue the hearing to a specific date announced at the hearing, for reasons stated at the hearing, which may include the need for additional information from the applicant or others as deemed necessary by the Commission in its discretion.
The applicant for a permit shall have the burden of proving by a preponderance of the credible evidence that the work proposed in the permit application will not have an unacceptable significant or cumulative effect upon the resource area values protected by this bylaw. Failure to provide adequate evidence to the Commission supporting this burden shall be sufficient cause for the Commission to deny a permit or to grant a permit with conditions.
A. 
The Conservation Commission may impose such conditions on any proposed removing, dredging, filling or altering as it deems necessary to protect and preserve the interests covered by this bylaw. In preparing the order of conditions, the Commission shall take into account the cumulative adverse effects of loss, degradation, isolation and replication of protected resource areas throughout the municipality, resulting from past activities, permitted and exempt, and foreseeable future activities. Such order of conditions shall be in writing and may be subject to the same constraints and be identical to any such order issued by the Conservation Commission under the provisions of MGL c. 131, § 40, or successor statutes, and shall be issued within 21 days after the public hearing. Such order of conditions will expire three years from the date of issuance, unless renewed prior to expiration. No proposed work governed by an order of conditions shall be undertaken until all permits, approvals, and variances required by local bylaws have been obtained and all applicable appeal periods have expired. The final order of conditions issued under this bylaw shall be recorded with the Registry of Deeds for the district in which the land is located. However, if said order is identical to the final order of conditions issued under the provisions of MGL c. 131, § 40, only one order of conditions need be recorded. If a wetland replication is required, the applicant will adhere to replication procedures established by the Commission or as set down in the Commission's rules and regulations.
B. 
If the Conservation Commission, after a public hearing, determines that the activities which are subject to the permit application, or the land and water uses which will result therefrom, are likely to have a significant individual or cumulative effect on the resource area values protected by this bylaw, the Commission, within 21 days of the close of the hearing, shall issue or deny a permit for the activities requested. The Commission shall take into account the extent to which the applicant has avoided, minimized and mitigated any such effect. The Commission also shall take into account any loss, degradation, isolation, and replacement or replication of such protected resource areas elsewhere in the community and the watershed, resulting in past activities, whether permitted, unpermitted or exempt, and foreseeable future activities. The Commission may waive specifically identified and requested procedures, design specifications, performance standards, or other requirements set forth in its regulations, provided that: the Commission finds in writing after said public hearing that there are no reasonable conditions or alternatives that would allow the proposed activity to proceed in compliance with said regulations; that avoidance, minimization and mitigation have been employed to the maximum extent feasible. A waiver may then be necessary to accommodate an overriding public interest or to avoid a decision that so restricts the use of the property as to constitute an unconstitutional taking without compensation.
C. 
In reviewing activities within a buffer zone, the Commission shall presume the buffer zone is important to the protection of other resource areas because work performed in close proximity have a high likelihood of adverse impact, either immediately, as a consequence of construction, or over time, as a consequence of daily operation or existence of the activities. These adverse impacts from construction and use can include, without limitation, erosion, siltation, loss of groundwater recharge, poor water quality, and loss of wildlife habitat. The Commission may establish, in its regulations, design specifications, performance standards, and other measures and safeguards, including setbacks, no-disturb areas, no-build areas, and other work limits for protection of such lands, including without limitation strips of continuous, undisturbed vegetative cover, unless the applicant shows the Commission that part or in total area may be disturbed without harm to the values protected by this bylaw.
D. 
In regard to the riverfront area, the Commission will presume that this area is important to all the resource area values, unless demonstrated otherwise, and no permit will be issued unless the applicant, having met all applicable requirements of this bylaw, has proven by a preponderance of the evidence that (1) there is no practicable alternative to the proposed activities with less adverse effects, and that (2) such activities, including proposed mitigation measures, will have no significant adverse impact on the areas and values protected by this bylaw. The Commission shall regard the overall project and alternatives which are practicable and reasonable and capable of being done, after taking into consideration the proposed property use, overall project purpose (e.g., residential, institutional, commercial, or industrial), logistics, existing technology, costs for the alternatives and overall project costs.
E. 
To prevent a loss of resource areas and minimize alteration, the Commission shall require applicants to avoid alteration wherever feasible; to minimize alteration; and where alteration is unavoidable, the Commission will authorize or require replication of wetlands. These replication areas must have professional design, specific plans and proper safeguards. There must be professional monitoring and reporting to ensure its success.
F. 
The Commission may require a wildlife habitat study of a proposed project area at the expense of the applicant, regardless of the location of the resource area. The decision shall be based on vital information of actual or possible presence of rare plant or animal species in the area. The work shall be done by someone who meets the qualifications listed in the wildlife habitat section of the Wetlands Protection Act regulations (310 CMR 10.60).
G. 
The Commission will accept all areas meeting the definition of "vernal pools" (See § 275-20, Definitions.) under this bylaw, to include adjacent areas subject to essential habitat functions. This presumption may be overcome by credible evidence that the basin or depression does not provide essential habitat functions.
H. 
Amendments to permits, DOAs (determinations of applicability), or ORADs (orders of resource area delineation) shall be handled in the manner set out in the Wetlands Protection Act regulations and policies thereunder.
All projects for which an order of conditions has been issued under this bylaw are subject to inspections by the members of the Conservation Commission or its duly appointed agent. No construction within the conditioned area will commence without the following items being completed:
A. 
The ten-day appeal period.
B. 
The DEP filing number issued for this project must be posted at the site.
C. 
All mitigation controls must be in place as to plans.
D. 
The order of conditions must be recorded with the Registry of Deeds and a copy forwarded to the Commission.
E. 
A copy of the order of conditions must be on site.
A. 
The following are the minimum distances (setbacks) from the edge of wetlands or vernal pools (See § 275-20, Definitions.). No activity shall be allowed within these setbacks except as provided below. These setbacks are the minimum and may be extended further if deemed necessary for the protection of the interests of the bylaw by the Commission; example: seasonal high water line, topography, industrial versus residential.
B. 
The setbacks shall be as follows:
(1) 
Zero-foot setback for wetland-dependent structures (drain outfalls, weirs, etc.), fences, and structures necessary for upland access where reasonable alternative access is unavailable.
(2) 
Fifty-foot setback of undisturbed natural vegetation.
(3) 
Seventy-five-foot setback of no-build/structure zone.
C. 
When, in the opinion of the Commission, compliance with these setbacks will result in greater harm to the interests of this bylaw, or that no harm would be done to the interests of this bylaw by the proposed action (e.g., nonmotorized boat shed, mooring), the Commission would then waiver by degree these setbacks. The Conservation Commission is permitted to grant such waivers.
D. 
Preexisting activities or structures not meeting the setbacks set forth prior to this bylaw need not be discontinued or removed (but are deemed to be nonconforming). No new activity shall be commenced and no new structure shall be located closer to the edge of wetlands or vernal pools than this bylaw allows unless such activity or structure will affect the interests protected by the bylaw no more adversely than the existing activity or structure.
Where activities are proposed within the buffer zone, erosion and sedimentation barriers and other erosion controls as necessary shall be installed between the area of activity and the wetlands or vernal pool to prevent sediment into said areas. Similarly, the same erosion controls shall be installed when activities outside the buffer zone create a significant potential for transport of sediment into wetlands or vernal pools.
If any fill is to be stored on site, it shall be stored outside of the buffer zone and/or it shall be surrounded by staked hay bales to prevent erosion and sedimentation. No storage, disposal or burial of construction debris (example: scrap lumber, metals, concrete, asphalt, piping, logs, stumps, etc.) shall be allowed within the buffer zone without the express permission of the Commission in an order of conditions.
A. 
Wetlands or vernal pools that are altered shall in all instances be replaced by replacement wetlands of similar character. Replicated wetlands shall include, at minimum, equal area as the altered wetlands or vernal pool in a hydrologically connected location to the unaltered remainder of the wetlands or vernal pool. All replicated areas shall be completed before any other construction is allowed unless specifically addressed in the order of conditions.
B. 
Requirements for wetland replacement. Projects involving the filling and/or permanent alteration of wetlands or vernal pools shall meet the following requirements:
(1) 
The proposed replacement area design must be submitted to the Commission for approval as part of the notice of intent.
(2) 
The replacement area must be shown to duplicate sufficiently the functions of the wetland proposed to be altered.
(3) 
The replacement area shall be constructed, to the extent possible, immediately after alteration of the existing wetland and during the same growing season.
(4) 
If after three growing seasons the Commission determines that the replacement area has not satisfactorily developed into a wetland or vernal pool, the applicant or owner may be required to submit new plans to successfully replicate the original altered wetland. No certificate of compliance shall be issued until the Commission has determined that a satisfactory replacement area has been completed. (See § 275-20, Definitions.)
The Conservation Commission is empowered to deny a permit for failure to meet the requirements of this bylaw; for failure to submit necessary information and plans requested by the Commission; for failure to meet the design specifications, performance standards, and other requirements in regulations of the Commission; for failure to avoid or prevent unacceptable significant or cumulatively adverse effects upon the wetland values protected by this bylaw; or where the Commission deems that no conditions are adequate to protect those values. Due consideration shall be given to any demonstrated hardship on the applicant by reason of denial, as presented at the public hearing.
Any person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of any order pursuant to this bylaw shall forthwith comply with any such order, or restore such real estate to its condition prior to any such violation; provided, however, that no such action, civil or criminal, shall be brought against such person unless commenced within three years following the date of acquisition of the real estate by such person.
The Conservation Commission may require the posting of a bond with surety, running to the Town of Winchendon, sufficient as to form and surety in the opinion of the Town Counsel, to secure the faithful and satisfactory performance of work required by any final order of conditions, in such sum and upon such conditions as the Commission may require. Other evidence of financial responsibility which is satisfactory to the Commission may be accepted in lieu of a bond. Notwithstanding the above, the amount of such bond shall not exceed either the estimated cost of the work required by the final order of conditions or the estimated cost of the work required for the restoration of affected lands and properties if the work is not performed as required, whichever is greater.
After due notice and public hearing, the Conservation Commission may promulgate procedural rules and regulations to effectuate the purposes of this bylaw, effective when voted and filed with the Town Clerk. However, failure 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 bylaw.
A. 
Specific violations.
(1) 
The following provides a list of specific violations definable by this bylaw:
(a) 
Alteration of a wetland or vernal pool without an order of conditions issued pursuant to this bylaw.
(b) 
Work within the buffer zone without prior submittal of a request for determination of applicability or notice of intent.
(c) 
Failure to provide sedimentation controls required by an order of conditions.
(d) 
Disposal of construction debris within the buffer zone.
(e) 
Failure to construct stormwater or drainage structure according to plans.
(f) 
Storage of fill within a buffer zone (except as allowed by the order of conditions).
(2) 
A fine for the specific violations listed above is $300.
B. 
Any person who violates any provision of this bylaw, other than the specific violations listed in Subsection A, or of any condition of a permit issued pursuant to it may be subject to a fine of not more than $300. Each day during which a violation continues may constitute a separate violation.
C. 
The Commission, its agent or officers have the authority to enter upon privately owned land for the purpose of performing their duties under this bylaw, subject to the Constitutions and laws of the United States and the commonwealth.
D. 
The Commission shall have the right to enforce this bylaw, its regulations and permits issued by letters, phone calls, electronic communication and/or other informal methods. As an alternative to criminal prosecution in a specific case, the Commission may issue citations with specific penalties pursuant to the noncriminal disposition procedure set forth in MGL c. 40, § 21D.
E. 
Municipal boards and officers, including any police officer or other officer having police powers, shall have the authority to assist the Commission in enforcement under civil law.
A decision of the Commission may be reviewed by the Superior Court in an action filed within 60 days thereof, in accordance with MGL c. 249, § 4.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.
A. 
The following definitions shall apply in the interpretation and implementation of this bylaw:
ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION (ANRAD)
The application used for requesting the review of wetland boundary lines.
ALTER
Includes, without limitation, the following activities when undertaken to, upon, within or affecting resource areas protected by this bylaw:
(1) 
Removal, excavation, or dredging of soil, sand, gravel, or aggregate materials of any kind.
(2) 
The change of preexisting 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 temperature, biochemical oxygen demand or other physical, biological, or chemical characteristics of any waters.
(10) 
Any activities, changes, or work which may cause or tend to contribute to pollution of any body of water or groundwater.
(11) 
Incremental activities which have, or may have, a cumulative adverse impact on the resource areas protected by this bylaw.
BANK
Includes the land area which normally abuts and confines a water body; the lower boundary being the mean annual low flow level, and the upper boundary being the first observable break in the slope or the mean annual flood level, whichever is higher.
CERTIFICATE OF COMPLIANCE
A written determination by the issuing authority that work or a portion thereof has been completed in accordance with an order.
DETERMINATION OF APPLICABILITY
The response to an RDA. A negative response means the project in a buffer zone may move forward without adverse effects in a resource area. A positive response means that the applicant must file a notice of intent.
NOTICE OF INTENT
An application that is used when work is in a resource area or buffer zone. The abutters are notified of a project and posted five business days prior to a hearing.
ORDER OF CONDITIONS
A document issued by a Conservation Commission containing conditions which regulate or prohibit an activity in a resource area.
ORDER OF RESOURCE AREA DELINEATION (ORAD)
The document used to answer the abbreviated notice of resource area delineation.
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 agency, public or quasi-public corporation or body, this municipality, and any other legal entity, its legal representatives, agents or assigns.
RARE SPECIES
Includes, without limitation, all vertebrate and invertebrate animals and 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.
REQUEST FOR DETERMINATION OF APPLICABILITY (RDA)
An application used in the wetlands regulations that would determine an impact to wetlands, whether laws apply to a particular area and project.
VERNAL POOL
Includes, in addition to scientific definitions found in the regulations under the Wetlands Protection Act, any confined basin, or depression not occurring in existing lawns, gardens, or driveways, which, at least in most years, holds water for a minimum of two continuous months during the spring and/or summer, contains at least 200 cubic feet of water most years and which is free of adult fish populations, and provides a habitat for breeding and rearing of vernal pool species, as well as the area within 100 feet of the mean annual high-water line of such a depression, regardless of whether the site has been certified by the Massachusetts Division of Fisheries and Wildlife. The definitions and procedures in this bylaw shall be set forth as in the Wetlands Protection Act (MGL c. 131, § 40) and regulations (310 CMR 10.00).
B. 
Except as otherwise provided in this bylaw or in regulations of the Commission, the definitions of terms in this bylaw shall be as set forth in the Wetlands Protection Act (MGL c. 131, § 40) and regulations (310 CMR 10.00).