The following definitions shall apply in the interpretation and implementation of this chapter:
AGRICULTURE Any work which produces food or other products for commerce or subsistence. Agriculture includes, but is not limited to, the growing of crops, the raising of livestock, and the production of forest products.
ALTER Includes, without limitation, the following activities when undertaken to, upon, within or affecting resource areas protected by this chapter:
A. Removal, excavation or dredging of soil, sand, gravel, clay, minerals or aggregate materials of any kind.
B. Changing of preexisting drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns or flood-retention characteristics.
C. Drainage or other disturbance of water level or water table.
D. Dumping, discharging or filling with any material which may degrade water quality.
E. Placing of fill, or removal of material, which would alter elevation.
F. Driving of piles, erection or repair of buildings or structures of any kind.
G. Placing of obstructions or objects in water.
H. Destruction of plant life, including cutting of trees.
I. Changing water temperature, biochemical oxygen demand or other physical, chemical or biological characteristics of surface and ground water.
J. Excavation for the purpose of percolation or deep hole testing or the crossing of a resource area with heavy equipment for this purpose.
K. Any activities, changes or work which may cause or tend to contribute to pollution of any body of water or groundwater.
CUMULATIVE EFFECTS Activities regulated under this chapter, which may be individually minor, but when considered in relation to other past, present or future activities in a given area may be significant in the aggregate.
EROSION AND SEDIMENTATION CONTROL A. EROSION CONTROLThe ability
of the wetland to buffer forces or processes which would threaten or cause to be threatened the stability
of landforms and the soil and/or vegetation associated with wetlands and adjoining land areas, in particular, coastal and inland banks. Erosion can be caused by a wearing away
of the surface soil or by undermining the interior portion
of the landform. Activities in or within 100 feet
of resource areas shall not have a significant effect on natural erosion processes.
B. SEDIMENTATION CONTROLThe ability
of wetlands to settle out sediments and other waterborne material by reducing water flow by passing it through vegetation or by diffusing flow and reducing velocity. Activities in or within 100 feet
of resource areas shall not accelerate or impede the rate
of natural sedimentation significantly.
FLOOD CONTROL The ability of wetlands to absorb, store and slowly release floodwaters to minimize peak flood levels. Flooding can be caused by precipitation or a rising water table. Activities within 100 feet of resource areas shall not alter the flood control value of wetlands significantly.
GROUNDWATER All subsurface water contained in natural geologic formations or artificial fill, including soil water in the zone of aeration. Activities in or within 100 feet of resource areas shall not significantly alter the existing quality or elevation of naturally occurring groundwater.
PRIVATE WATER SUPPLY Any source or volume of surface or ground water demonstrated to be in private use or shown to have potential for private use, including ground or surface water in the zone of contribution around a private well. Activities in or within 100 feet of a resource area shall not have a significant effect on the quality of a private water supply.
PUBLIC WATER SUPPLY Any source or volume of surface or ground water demonstrated to be in public use or approved for water supply pursuant to MGL c. 111, § 160 by the Department of Environmental Quality Engineering Division of Water Supply, or demonstrated to have a potential for public use, in addition to all surface and ground water in zones of contribution. Activities within 100 feet of resource areas shall not have a significant effect on the quality of a public water supply.
RECREATION Any leisure activity or sport taking place in, on, or within 100 feet
of a resource area which is dependent on the resource area and its values directly or indirectly for its conduct and enjoyment. Recreational activities include, but are not limited to, the following: noncommercial fishing and shellfishing, hunting, boating, swimming, walking, painting, birdwatching and aesthetic enjoyment. Structures and activities in or within 100 feet
of a resource area shall not have a significant effect on public recreational values. Notwithstanding this definition, new or expanded recreational activities shall not have a significant effect on other wetlands values identified in §
139-1 of this chapter.
STORM DAMAGE PREVENTION The ability of wetland soils, vegetation and physiography to prevent 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. Activities in or within 100 feet of a resource area shall not have a significant effect on storm damage protection.
WILDLIFE HABITAT Resource areas that provide breeding and nesting habitats, shelter, food and water to all plant and animal species dependent on wetlands for any portion of their life cycles. Includes resource areas identified as containing rare, threatened or endangered species as listed by the Massachusetts Natural Heritage Program. Structures and activities in or within 100 feet of any resource area shall not have a significant effect on wildlife habitat.
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 unacceptable significant or cumulative effect upon the wetland values 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 the regulations thereunder.
The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof, nor shall it invalidate any permit or determination which previously has been issued.