The purpose of this chapter is to protect the wetlands of the
city by controlling the activities deemed to have a significant effect
upon wetland values, including but not limited to the following: public
or private water supply, groundwater, flood control, erosion control,
storm damage prevention, water pollution, fisheries, shellfish, wildlife,
recreation and aesthetics (collectively, the "interest protected by
this chapter").
(C.O. 83-329 § 2 (part))
The applicant shall have the burden of proving by a preponderance
of the credible evidence that the work proposed in the application
will not harm the interests protected by this chapter. Failure to
provide adequate evidence to the commission supporting a determination
that the proposed work will not harm the interests protected by this
chapter shall be sufficient cause for the commission to deny a permit
or grant a permit with conditions, or in the commission's discretion,
to continue the hearing to another date to enable the applicant or
others to present additional evidence.
(C.O. 83-329 § 7)
This chapter shall not apply to any emergency project as defined
in Massachusetts General Laws, Ch. 131, Sec. 40.
(C.O. 83-329 § 4)
The commission may require as a permit condition that the performance
and observance of other conditions be secured by one or both of the
following methods:
A. By
a bond or deposit of money or negotiable securities in an amount determined
by the commission to be sufficient and payable to the city;
B. By
a conservation restriction easement or other covenant running with
the land, executed and properly recorded (or registered, in the case
of registered land).
(C.O. 83-329 § 10)
After due notice and public hearing, the commission may promulgate
rules and regulations to effectuate the purposes of this chapter.
Failure by the commission 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 chapter.
(C.O. 83-329 § 6)
Any person who purchases, inherits or otherwise acquires real
estate upon which work has been done in violation of the provisions
of this chapter or in violation of any permit issued pursuant to this
chapter shall comply with any such order or restore such land to its
condition prior to any such violation; provided, however, that no
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.
(C.O. 83-329 § 5)