The following definitions and those defined within Chapter
119, Wetland Protection Bylaw, of the Code of the Town of Harvard shall apply in the interpretation of these regulations and the associated Bylaw.
A. As used in this chapter, the following terms shall have the meanings
indicated:
ADJOINING LAND AREA, also referred to as the BUFFER ZONE
That area of land extending 100 feet horizontally outward
from the boundary of any area defined as "Freshwater Wetlands." This
term shall also include that area of land extending 200 feet horizontally
outward from the boundary of any vernal pool, river, pond, or lake.
ALTER
Shall include without limitation, the following actions when
undertaken in areas subject to this chapter:
(1)
Removal, excavation, or dredging of soil, sand, gravel, or aggregate
material of any kind;
(2)
Changing of pre-existing drainage characteristics, flushing
characteristics, salinity, distribution, sedimentation patterns, flow
patterns, or flooding 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 could alter elevation;
(6)
Driving of piles, erection of buildings or structures of any
kind;
(7)
Placing of obstructions or objects in water;
(8)
Destruction or dislocation of plant life, including cutting
and trimming of trees and shrubs (excluding vista pruning as defined
in 310 C.M.R. 10.04) except as needed for safety, and the introduction
of invasive species.
(9)
Changing water temperature, biochemical oxygen demand, or other
physical, biological, or chemical characteristics of any waters or
wetland.
(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 that have, or may have, a cumulative
adverse impact on the resource area protected by this chapter.
APPLICANT
The person or entity requesting a determination of applicability
or a wetland permit. The term "applicant" and the term "petitioner"
shall be interchangeable for purposes of these regulations.
BOG
As defined in M.G.L. Chapter 131, § 40, paragraph
5 shall apply for this regulation.
FRESHWATER WETLANDS
Wet meadows; swamps; bogs; marshes; vernal pools; banks;
reservoirs; lakes; ponds of any size; rivers; streams; creeks; beaches;
dunes; land subject to flooding; land under water bodies; areas where
groundwater, flowing or standing surface water or ice provide a significant
part of the supporting substrate for a plant community for at least
five months of the year. For the purpose of this chapter, fresh water
wetlands shall also include non-bordering vegetated wetlands.
ISOLATED LAND SUBJECT TO FLOODING
The definitions given in 310 CMR 10.57(2)(b) shall apply
to this regulation except that the minimum volume of 1/4 acre-feet
does not apply when the area is known to be part of the groundwater
system.
RESOURCE AREA
Freshwater wetlands plus all adjoining land area or "buffer
zone."
WATER POLLUTION
The changing of water temperature, biochemical oxygen demand
(BOD), and/or other physical, biological, or chemical characteristics
of the water.
B. The definitions given in 310 CMR 10.04 for the following shall apply
to this regulation: dredge, fill, flood control, freshwater wetlands,
lake, land subject to flooding (except for isolated land subject to
flooding), marsh, meadow, pond (except that the size threshold of
10,000 square feet shall not apply), private water supply, public
water supply, river, and stream.