A. 
Authority. The Town of Easton Conservation Commission promulgates these regulations under the authority granted to it under the Town of Easton Wetlands Protection Bylaw, Chapter 227 of the Easton Town Code (hereinafter the "Bylaw"). These regulations complement the Bylaw and shall have the force of law upon their effective date, as such may be amended from time to time.
B. 
Purpose. The purposes of these Rules and Regulations include:
(1) 
To provide administrative and permit review processes that facilitate the enforcement of all standards and procedures required under the Easton Wetland Protection Bylaw; and
(2) 
To establish the performance standards, definitions, and uniform procedures, as empowered by the Easton Wetland Protection Bylaw, that shall be used by the Conservation Commission in order to protect the wetlands, water resources, flood prone areas, and adjoining buffer areas under their jurisdiction.
C. 
Interests and Values. The protected Bylaw wetland values are:
(1) 
Consistent with Massachusetts Wetland Protection Act, MGL. Chapter 131, Section 40 (hereinafter "the WPA") for public water supply; private water supply; ground water supply; flood control; storm damage prevention; prevention of pollution; protection of fisheries; protection of land containing shellfish; and wildlife habitat; and
(2) 
In addition to WPA, these are values under the Bylaw include, but are not limited to, groundwater quantity and quality; water quantity and quality in the numerous ponds, lakes, and reservoirs in the Town of Easton; erosion and sedimentation control; prevention of water pollution; shellfish; wildlife; recreation; aesthetics; agriculture and agriculture values; aquaculture; and historic values.
D. 
Effective date.
(1) 
These regulations, as such may be amended from time to time, take effect when voted by the Conservation Commission and filed with the Town Clerk as provided in the Bylaw under § 227-8 of the Easton Town Code);
(2) 
The effective date of these regulations shall be December 8, 1986. In January 2024 the Commission reorganized, rewrote, and clarified many provisions of these regulations without any substantive changes to the regulations.
A. 
Jurisdiction. See Appendix A: Summary of Jurisdiction.[1]
(1) 
Resource areas subject to protection under the Bylaw. The Bylaw protects all areas defined in the WPA, and protects additional areas, which are collectively known as the "resource areas subject to protection under the Bylaw" or "Bylaw resource areas" and shown in Appendix A. The resource areas subject to protection under the Bylaw are:
(a) 
Any bank or beach;
(b) 
Any vegetated wetlands (freshwater wetlands, including a wet meadow, bog, or swamp);
(c) 
Any vernal pool;
(d) 
Any reservoir, lake, or pond of any size;
(e) 
Any river, stream or creek, whether perennial or intermittent;
(f) 
Any land under water bodies and waterways;
(g) 
Any land subject to flooding or inundation by groundwater or surface water; and
(h) 
Lands within 100 feet of any of the areas subject to protection under the Bylaws set forth in the aforesaid Subsection A(1)(a) through (g), also known as the "Bylaw 100-foot buffer zone" or "buffer zone"; and
(i) 
Lands within 200 feet of any river, stream, or creek, whether perennial or intermittent, also known as the "Bylaw riverfront area" or "riverfront area."
(2) 
Activities subject to regulation under the Bylaw. The Conservation Commission shall regulate the following activities or work within the Town of Easton.
(a) 
Any activity proposed or undertaken that constitutes removing, filling, altering, dredging, or building upon any resource area subject to protection under the Bylaw, requires the filing of an application for permit with the Conservation Commission.
(b) 
Any activity proposed or undertaken outside a resource area subject to protection under the Bylaw shall not be subject to regulation under the Bylaw unless, in the judgment of the Conservation Commission, said activity may result or has resulted in the removing, filling, altering, dredging, or building upon a resource area subject to protection under the Bylaw. If a person wishes to have the Conservation Commission determine whether an activity may be subject to regulation under the Bylaw, that person shall submit a Request for Determination of Applicability.
(c) 
Nothing herein shall preclude the Conservation Commission from taking appropriate enforcement action against activities occurring outside the Town of Easton but which alter a resource area subject to protection under the Bylaw.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter in the online version of the Code.
B. 
Exemptions. As provided in the Bylaw, § 227-3 of the Easton Town Code, Exemptions under this chapter shall include exemptions consistent with WPA and Regulations under 310 CMR 10.02(2), in addition to:
(1) 
Expansion of agricultural activities onto lands not previously in agriculture use and within jurisdiction of the Conservation Commission does require a Permit for Work. Provided, however, nothing contained within this provision shall prohibit the Conservation Commission from exercising its full enforcement powers under the Bylaw and the WPA, should the Commission determine the activity is not normal maintenance or improvement of land in agricultural use.
(2) 
The following activities or work within the Buffer Zone or Riverfront Area shall require a pre-construction review, including but not limited to an inspection by the Conservation Commission or its representative and may be administratively approved prior to commencement of work:
(a) 
Installation of fencing, provided it does not constitute a barrier to wildlife or flow of floodwaters; vista pruning proposal prepared by a licensed arborist or forester; hazard tree removal identified by a licensed arborist; or the removal of up to three trees provided an equal number of native species of trees or shrubs are replanted;
(b) 
Conversion of lawn to accessory uses such as:
[1] 
Repair, replacement or construction of decks or patios under 300 square feet, and installation of above-ground pools located greater than 50 feet from bank, vegetated wetland, and land subject to flooding and/or located greater than 100 feet from a vernal pool; and
[2] 
Construction or replacement of sheds under 200 square feet, provided it is located further from the wetland resource area than existing conditions;
(c) 
The installation of in-ground pools shall require a Permit for Work under this chapter.
(d) 
The removal of trash, rubbish, junk, compost or other items dumped, placed or stockpiled within a wetland resource area and/or the installation of a visual barrier (such as posts and wetland markers) may be required prior to receiving an administrative approval.
A. 
Burden of going forward. The project proponent shall have the burden of going forward with credible evidence from a competent source in support of all matters asserted pursuant to Subsection B below.
B. 
Burden of proof. The Applicant shall have the burden of proving by a preponderance of the credible evidence that:
(1) 
That the area is not significant to the protection of any of the interests identified in the Bylaw; or
(2) 
Any proposed work and its natural and consequential cumulative impacts and effects shall have no adverse effect upon any of the Bylaw wetland values; and
(3) 
Shall contribute to the protection of the Bylaw wetland values by complying with the general performance standards established for each Bylaw resource area. Failure to meet the burden of proof shall be cause for the Conservation Commission to deny the application for a permit for work along with any work or activity proposed therein.
(4) 
Waiver. Comply with waiver § 503-21 and § 503-2.
(5) 
Waiver for Rare Species Habitat. Notwithstanding § 503-3B(4) above, where the project limit of work is within or abuts an estimated rare species habitat as designated on the most current map prepared by the Massachusetts Natural Heritage & Endangered Species Program (NHESP). The Commission may consider waiving the rare species performance standard when the following conditions are met in addition to the requirements in § 503-22. The Applicant for a waiver of a performance standard shall have the burden of demonstrating by clear and convincing evidence that:
(a) 
The MA Natural Heritage and Endangered Species Program (NHESP) has been consulted, and has issued a formal determination, prior to filing a request with the Commission; and
(b) 
The project has been designed in accordance with any formal determination of the NHESP to address the standards in the MA Endangered Species Act and its implementing regulations at 321 CMR 10.00; and
(c) 
At least 14 days prior to the public hearing, the Applicant must provide to the Commission the NHESP determination and accompanying comments. The Commission cannot close the hearing until the NHESP has been consulted and has submitted written comments.
Application of definitions in Wetlands Protection Act, MGL c. 131, § 40. Except as otherwise provided in the Bylaw and in Appendix B,[1] the definitions of terms in the Bylaw and the regulations shall be as set forth in the WPA and enabling regulations 310 C.M.R. Chapter 10.00.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter in the online version of the Code.
A. 
Applicants proposing to conduct work in an area subject to protection under the bylaw shall use the MADEP wetland permit application forms and may concurrently file under the Act. In addition, applicants shall submit the Town of Easton wetland permit application form in order to quantify impacts to the resource areas protected by the bylaw. All applications shall be filled out completely and accurately. Applications shall be submitted in general accord with the instructions provided by MADEP. The types of activities and appropriate permit applications are described below:
(1) 
An Abbreviated Notice of Resource Area Delineation (ANRAD) shall be required to verify the accurate delineation of resource areas on the subject property. All resource areas shall be included in the application and illustrated on the submitted plan. WPA fees for an ANRAD shall be based upon the linear feet of delineation of each resource area.
(2) 
A Request for Determination of Applicability (RDA) may be used for activities proposed within the Wetland Protection Zone if the project:
(a) 
Is a request to see if activities are subject to protection under the bylaw; or
(b) 
The project meets the following criteria:
[1] 
a minimum fifty-foot undisturbed vegetative buffer is maintained between the limit of work and the wetland resource area;
[2] 
storm water management is provided;
[3] 
is not within vernal pool habitat;
[4] 
is not within Priority Habitat area; and
[5] 
sediment control is installed and maintained until all areas achieve final stabilization (if loam and seed are used, the area shall be mown a minimum of twice).
(c) 
Projects for the maintenance or improvement of stormwater management systems provided that: a) the system was designed, constructed, installed, or modified on or after November 18, 1996; and b) if the system was constructed in a wetland resource area as defined by the wetland bylaw at ECB § 227-2, the system was designed, constructed, and installed in accordance with all applicable provisions in Chapter 503.
(d) 
If the person making any request for a determination is not the owner of the land that is subject to such request, the request shall include a certification that the owner of the land and others that may have a property interest in the area subject to the request have been notified that a determination is being requested under the Bylaw.
(3) 
A Permit for Work shall be required for all projects proposing work:
(a) 
within a wetland resource area;
(b) 
within a Priority Habitat area; or
(c) 
not meeting the conditions of RDA above.
(d) 
If only a portion of a proposed project or activity lies within a resource area subject to protection under the Bylaw and the remainder of the project or activity lies outside those Bylaw resource areas, all aspects of the project must be described in the detail as required by § 503-25 and § 503-27 of the Town Code. and any other of the general instructions provided on the appropriate Commission's forms; provided, also, that in such circumstances the application for a permit for work shall also contain a description and calculation of peak flow and estimated water quality characteristics of discharge from a point source (both closed and open channel) when the point of discharge falls within a resource area subject to protection under the Bylaw.
(4) 
Request for a Certificate of Compliance (COC) shall be required to:
(a) 
administratively close out a Permit for Work; or
(b) 
demonstrate compliance with an Enforcement Order.
(5) 
Notice of Non-Significance.
B. 
Abutters. Notification to abutters is consistent to WPA except, abutters include owners of land directly opposite on any public or private way, and abutters to the abutters within 300 feet of the property line of the applicant, including any in another municipality or across a body of water.
C. 
Determining a Complete Application. A complete application means that the required information has been submitted for the Commission's review including the contents of the filing checklists, and the filing fees have been paid. It does not mean that the application contains all information necessary for the Commission to determine whether the project meets performance standards of the WPA or under this Bylaw or that the information is accurate or adequate, and the Commission reserves rights to request additional information. Incomplete application packages may be rejected, or the applicant may re-file the application package to include any previously missing information. Timeframes commence after application is complete.
D. 
Issuance of Bylaw File Number. Upon receipt of the application materials, the Conservation Commission shall issue a file number. The designation of file number shall not imply that the plans and supporting documents have been judged adequate for the issuance of a permit for work, but only that copies of the minimum submittal requirements have been filed.
E. 
Public Hearings. Public hearing procedure is consistent with WPA except:
(1) 
Without the consent of the applicant to a certain date announced at the hearing either for receipt of additional information offered by the applicant or others, or for information required of the applicant deemed necessary by the Conservation Commission as its discretion;
(2) 
Notice of the time and place of the public hearing shall be given by the Conservation Commission, at the expense of the person making the request, not less than five business days prior to such hearing, by publishing a notice, in accordance with the requirements of the Open Meeting Law, MGL c. 39, § 23B, in a newspaper of general circulation in Easton and by mailing or hand delivering a notice to the person making the request, the landowner, the Board of Health, the Planning and Zoning Board, the Board of Appeals, the Board of Selectmen, and Building Inspector;
(3) 
The person making the request shall also give notice to abutters in accordance with the Bylaw, § 227-5, Notice and hearing, Subsection A, of the Easton Town Code.
F. 
Issuance.
(1) 
Order of Resource Area Delineation (ORAD). The Commission shall confirm the boundaries of the resource areas subject to protection under the Bylaw, as those boundaries may have been adjusted by the Commission based on direct observations and other information submitted during the public hearing process. The identity and boundary of the Bylaw Resource area(s) confirmed by this determination are limited to those shown on the Plan of Record or otherwise cited in the written finding of the Commission. Said boundary delineations shall be valid for a period of three years, unless new information, not available to the Commission during the hearing process, establishes that the boundaries are in error. Said new information shall include but not be limited to false or erroneous information presented by the person requesting such delineation.
(2) 
Determination of Applicability. Commission shall issue a Determination of Applicability consistent with WPA except, said determination shall be valid for a period of three years. The Commission may allow a longer term up to five years for agricultural activities, non-profits organizations with a mission consistent with the protection of wetland values found at § 503-1B, and multi-phase projects where construction is planned for greater three years. The Commission may extend the term of a valid determination for up to three years, if the Applicant makes a written request(s) at a Commission meeting before the term expires and demonstrates that the applicant has been diligently pursuing the completion of the project.
(3) 
Permit for Work.
(a) 
Make a determination that the resource area subject to protection under the Bylaw on which the work is proposed to be done or which the proposed work will remove, fill, dredge, or alter is not significant to any of the Bylaw wetland values and shall so notify the applicant on the appropriate Commission's form titled "Notification of Non-Significance," and allow the work to go forward as proposed; or
(b) 
Make a determination that the resource area subject to protection under the Bylaw on which the work is proposed to be done or which the proposed work will remove, fill, dredge, or alter is significant to one or more of the Bylaw wetland values and shall issue a Bylaw permit for work. The Commission shall condition said proposed work to protect the applicable Bylaw wetland values and shall issue the permit for work. In this permit for work, the Conservation Commission shall, at a minimum:
[1] 
Impose such conditions as are necessary for the protection of the Bylaw resource areas found to be significant to one or more of the Bylaw wetland values; and
[2] 
Prohibit any work or any portion thereof that cannot be conditioned to meet the standard of protection of the Bylaw wetland values; and
[3] 
Impose conditions upon the work or the portion thereof that will in the judgment of the Conservation Commission result in any alteration of a resource area subject to protection under the Bylaw; and
[4] 
Impose conditions setting limits of the quantity and quality of discharge from point sources (both open and closed channel) as necessary to protect the Bylaw wetland values.
(c) 
Decision to deny the work. The Conservation Commission may issue a decision denying the proposed work where the Commission finds that the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the Bylaw wetland values. The denied work decision shall specify the information that is lacking and why it is necessary. The Commission cannot condition the proposed work to protect the Bylaw wetland values.
(d) 
The permit for work shall be valid for three years from the date of its issuance. The Commission may allow a longer term up to five years for agricultural activities, non-profits organizations with a mission consistent with the protection of wetland values found at § 503-1B, and multi-phase projects where construction is planned for greater three years.
(e) 
The permit for work or denial of permit for work shall be signed by a majority of the members of the Conservation Commission and shall be mailed by certified mail or hand delivered to the applicant and his/her agent, representative, or attorney, as designated.
(f) 
Recording of permit for work. Prior to the commencement of any work permitted or required by the permit for work, the permit shall be recorded in the Bristol County North Registry of Deeds or the Land Court. Certification of recording shall be sent to the Conservation Commission on the detachable sheet at the end of permit for work. If work is undertaken without the applicant first recording the permit for work, the Conservation Commission may issue an enforcement order or may itself record the permit at the expense of the landowner/applicant.
[1] 
In the case of recorded land, the permit for work shall also be noted in the Registry's Grantor Index under the name of the owner of land upon which the proposed work is to be done.
[2] 
In the case of registered land, the permit for work shall also be noted on the Land Court certificate of title of the owner of the land upon which the proposed work is to be done.
[3] 
Certificates of Compliance and Partial Certificate of Compliance. Consistent with WPA except, such certificate shall be clearly titled a "Partial Certificate of Compliance."
G. 
Amendments. Applicants may propose to amend an existing permit or final approved plan if the proposal is within the scope of the original project. To avoid untimely delays, it is advisable to meet with the Conservation Agent to determine the appropriateness of filing an amendment. If the Commission determines the proposal is not within the scope of the original project a new permit shall be required for the proposed work. Proposals for an amendment to a valid permit or the approved plans shall be submitted to the Conservation Office in writing at least two weeks prior to the regularly scheduled public hearing. The proposed amendment shall be described in a legal notice posted at the applicant's expense. The applicant shall notify the abutters to the property of the amendment request. Work approved though the amendment shall not begin until the Amended permit has been recorded at the Registry of Deeds and the proof of recording has been submitted to the Conservation Commission.
H. 
Extensions. Consistent with WPA except, the applicant has demonstrated they have been diligently pursuing the completion of the project, and the Commission may record the extension permit at the owner's expense.
I. 
Notice Non-Significance. The Conservation Commission shall make a determination that the area on which the work is proposed to be done, or which the proposed work will remove, fill, dredge, or alter, is either significant or not significant to any Bylaw wetland value and shall so notify the applicant on the appropriate Commission's form.
J. 
Recording In Registry of Deeds or Land Court. The following permits and orders issued by the Commission shall be required to be recorded by the applicant or owner in the Bristol County Registry of Deeds or the Land Court, whichever is appropriate: Amended Permit for work, Permit for Work, Extension Permits, Certificate of Compliance, Partial Certificate of Compliance, Deed Restrictions or Conservation Easements. Proof of recording shall be submitted to the Conservation Office by the applicant or property owner.
A. 
Emergency project of commonwealth or subdivision thereof. The Conservation Commission may approve work by the Commonwealth or political subdivision thereof in emergency situations, as described below, without the need to obtain a permit for work before the work takes place.
(1) 
Request. Any person requesting permission to do an emergency project shall specify why the project is necessary for the protection of the health or safety of the citizens of the Commonwealth and what agency of the Commonwealth or subdivision thereof is to perform the project or has ordered the project to be performed.
(2) 
Commission review of request. The Conservation Commission or its agent shall inspect the site prior to certification.
(3) 
Commission decision.
(a) 
The agent, a member, or employee of the Commission may grant certification of emergency work; provided that the Commission shall ratify such decision at its next regularly scheduled meeting. The Conservation Commission shall issue an emergency certification only for the protection of public health or safety or for the protection of any interest specified in the Bylaw.
(b) 
The certification shall include a description of the work which is to be allowed and shall not include work beyond that necessary to abate the emergency.
(c) 
The time limitation for performance of emergency work shall not exceed 21 days.
A. 
Recording notices of violation and enforcement orders. The Conservation Commission shall record a notice of violation or an enforcement order, issued under the Bylaw at § 227-11 of the Easton Town Code, with the appropriate Registry of Deeds when 1) the Commission has information that the property in violation of the Bylaw may change ownership; 2) when the owner of the property in violation or other responsible party has failed to respond to the notice of violation or enforcement order after 10 business days of receipt thereof; or 3) when the owner of the property in violation has failed to file a corrective Notice of Intent or Application for a Permit for Work, as applicable, within 30 days of receipt of the notice of violation or enforcement order.
B. 
Penalty abatement. The Conservation Commission may abate a fine imposed under the Bylaw at § 227-11G of the Easton Town Code when complete restoration and substantial mitigation is provided as approved by the Commission as part of a permit for work. However, the Commission shall not waive or reduce the appropriate filing fee, as provided in § 503-23 of the Easton Town Code.
A. 
Severability. The invalidity of any section or provision of the Bylaw or of these regulations shall not invalidate any other section or provisions thereof, nor shall it invalidate any determination or permit for work that the Conservation Commission previously issued.
B. 
Compliance with Court decisions. If any Court of the Commonwealth shall invalidate any provisions of the Bylaw or of these regulations, the Conservation Commission shall promulgate additional regulations or present to the next Town Meeting after such invalidation, amendments to the Bylaw that are designed to comply with any Court decision invalidating such provisions of the Bylaw or regulations, as the case may be.