The purpose of this bylaw is to protect the wetlands, water resources, and adjoining land areas in the Town of Freetown by controlling activities deemed by the Conservation Commission likely to have a significant or cumulative effect upon resource area values, including but not limited to the following: public or private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention, including coastal storm flowage; water quality; water pollution control and prevention; fisheries; land containing shellfish; wildlife habitat; rare species habitat, including rare plant species; agriculture; aquaculture; and recreation values, deemed important to the community (collectively, the "resource area values protected by this bylaw"). The Conservation Commission has the authority to adopt rules and regulations for the use of conservation land (MGL c. 40, § 8C). This bylaw is intended to utilize the Home Rule authority of this municipality to protect additional resource areas, for additional values, with additional standards and procedures stricter than those of the Wetlands Protection Act (MGL c. 131, § 40) 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.
[HISTORY: Adopted by the Town Meeting of the Town of Freetown 5-6-1971 ATM (Art. 7 of the 1956 Bylaws Compilation); amended 5-3-1975 ATM; 5-5-1980 ATM; 5-5-2003. Subsequent amendments noted where applicable.]
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, discharge into, or otherwise alter the following resource areas:
(1)
Within 100 feet of any of the following:
(a)
Freshwater or coastal wetlands, marshes, wet meadows, bogs, swamps, vernal pools, banks, reservoirs, lakes, flats, ponds of any size, rivers, streams, creeks, beaches, dunes, estuaries, the ocean, lands under water bodies, lands subject to flooding or inundation by groundwater or surface water, lands subject to tidal action, coastal storm flowage, or flooding; and
(2)
Lands abutting any of the aforesaid resource areas as set out in § 276-1, Purpose (collectively the "resource areas protected by this bylaw"); or
(3)
Within 200 feet of any perennial river or stream.
B.
Said resource areas shall be protected whether or not they border surface waters. This bylaw 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 (310 CMR 10.00) hereunder.