The purpose of this chapter is to protect the wetlands, related
water resources, and adjoining land areas in the Town of Swansea by
controlling activities deemed by the conservation commission likely
to have a significant or cumulative effect upon wetland values, including
but not limited to the following: public or private water supply,
groundwater, flood control, erosion and sedimentation control, storm
damage prevention, water pollution, fisheries, shellfish, wildlife
habitat, recreation, aesthetics, agriculture, and aquaculture values,
(collectively, the "wetland values protected by this chapter").
Except as permitted by the conservation commission or as provided
in this chapter, no person shall remove, fill, dredge, build upon,
or alter the following resource areas within 100 feet of any freshwater
wetland, coastal wetland, marsh, wet meadow, bog or swamp; within
100 feet of any bank, beach, dune, or flat; any lake, river, pond,
stream, estuary, or the ocean; within 100 feet of any lake, river,
pond, stream, estuary, or the ocean; any land under said waters; or
within 100 feet of any land subject to flooding or inundation by groundwater,
surface water, tidal action, or coastal storm flowage.
Any person filing a permit application or a request for determination
with the commission shall provide a copy thereof at the same time,
by certified mail or hand delivery, to the board of selectmen, planning
board, zoning board of appeals, Swansea Water District, board of health,
and building inspector. The commission shall not take final action
until such boards and officials have had 14 days from receipt of notice
to file written comments and recommendations with the commission,
which the commission shall take into account but which shall not be
binding on the commission. The applicant shall have the right to receive
any such comments and recommendations, and to respond to them at a
hearing of the commission, prior to final action.
The following definitions shall apply in the interpretation
and implementation of this chapter:
A. The term "person" shall include any individual, group of individuals,
associates, partnership, corporation, company, business organization,
trust, estate, the commonwealth or political subdivision thereof to
the extent subject of Town bylaw, administrative agency, public or
quasi-public corporation or body, this municipality, and any other
legal entity, its legal representatives, agents, or assigns.
B. The terms "alter" shall include, without limitation, the following
activities when undertaken to, upon, within or affecting resource
areas protected by this chapter:
(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 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 water temperature, biochemical oxygen demand, or other physical
or chemical of water;
(10)
Any activities, changes or work which may cause or tend to contribute
to pollution of any body of water or groundwater.
As part of a permit issued under this chapter, in addition to
any security required by any other municipal or state board, agency
or official, the commission may require that the performance and observance
of the conditions imposed hereunder be secured wholly or in part by
one or more of the methods described below:
A. By a proper bond or deposit of money, including cash bond, or negotiable
securities or other undertaking of financial responsibility sufficient
in the opinion of the commission;
B. By a conservation restriction, easement or other covenant enforceable
in a court of law, executed and duly recorded by the owner of record,
running with the permit conditions shall be performed and observed
before any lot may be conveyed other than by mortgage deed.
The applicant for a permit shall have the burden of proving by a preponderance of the credible evidence that the work proposed in the application will not have an unacceptable, significant or cumulative effect upon the wetland values defined in §
256-1 and protected by this chapter. Failure to provide adequate evidence to the commission supporting this burden shall be sufficient cause for the commission to deny a permit or grant a permit with conditions.
This chapter is adopted under the Home Rule Amendment of The
Massachusetts Constitution and the Home Rule statutes, independent
of the Wetlands Protection Act, MGL c. 131, § 40, and regulations
thereunder.