Any form of draining, dumping, dredging, damming, discharging, excavating, filling or grading; the erection, reconstruction, or expansion of any buildings or structures, the driving of pilings, the construction or improvement of roads and other ways; the changing of run-off characteristics, the intercepting or diverging of ground or surface water; the installation of drainage, sewage and other water systems; the discharging of pollutants; the destruction of plant life; and any other changing of the physical characteristics of an area.
To change the condition of an Area Subject to Protection under the Bylaw. Examples of alterations include but are not limited to: changes in drainage or water table levels, the destruction of vegetation, the changing of water temperature, biochemical oxygen supply or any other characteristics of the receiving water. See § 239-9 of the Bylaw.
Shall mean any person who files a Determination of Applicability or Notice of Intent or on whose behalf said forms are filed.
Is the portion of the land surface that normally abuts and confines a water body such as a creek, brook, stream, river, pond or lake as defined in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40) and regulations at 310 CMR 10.00. A bank may be partially or totally vegetated, or comprised of exposed soil, gravel or stone.
Shall mean land within the 100 year flood plain, as mapped by the Federal Emergency Management Agency. This area is presumed significant to flood control and storm damage protection.
Bogs, swamps, marshes, and wet meadows that border on water bodies as defined in the Wetlands Protection Act regulations (310 Code of Massachusetts Regulations 10.55). The regulations define BVWs as areas where the soils are saturated or inundated such that they support plants that are adapted to periodically wet conditions.
Shall mean the Town of Lunenburg Wetlands Protection Bylaw.[1]
A written determination by the Conservation Commission that work or a portion thereof has been completed in accordance with the Order of Conditions.
Shall mean ORDER OF CONDITIONS, those requirements set forth in a written Order issued by the Conservation Commission for the purpose of permitting, regulating or prohibiting any activity that alters an Area Subject to Protection under the Bylaw.
Shall mean any small stream or any intermittent tributary to any brook, river or stream.
Shall mean an effect on a wetland or buffer resource area(s) that when considered in combination with other activities that have occurred, are occurring simultaneously or that are reasonably likely to occur within that resource area(s), whether such other activities have occurred or are contemplated as a separate phase of the same project or activities, or as a result of unrelated projects or activities.
Shall mean the date an Order is mailed, as evidenced by the postmark or the date it is hand delivered.
Shall mean the date of delivery to an office, Town Clerk, or usual place of business by certified mail or hand delivery.
"Determination of Applicability" shall mean any review and written finding by the Conservation Commission as to whether a site or the work proposed, as presented in the application thereon is subject to the jurisdiction of the Bylaw.
To deepen, widen or excavate under any freshwater wetland or water body, either temporarily or permanently.
A written extension of time within which authorized work shall be completed.
To deposit any material so as to raise topography temporarily or permanently.
Shall mean the prevention or reduction of flooding and/or flood damage.
Shall be defined as a local and temporary inundation of water or a rise in the surface of a body of water such that it covers land not usually underwater.
Shall mean water below the earth's surface in the zone of saturation.
Shall mean any open body of fresh water with a surface area of 10 acres or more, and shall include great ponds.
Shall mean more than half of the members of the Conservation Commission then in office, a quorum.
Shall mean that within 50 feet of a resource area
Shall mean that within 30 feet of a resource area no alteration or work is allowed.
Is the written notice filed by any person intending to alter an area subject to protection under the bylaw.
Shall mean ORDER of CONDITIONS.
Is the document issued by the Conservation Commission containing conditions which regulate or prohibit activity.
Any individual, group of individuals, association, partnership, corporation, or business organization, trust or estate, the Commonwealth, or any political subdivision thereof, administrative agency, public or quasipublic corporation or body, or any other legal entity or its legal representatives, agents or assigns
Shall mean such data, maps, engineering drawings, calculations, specifications, schedules and other materials deemed necessary by the Commission to describe the site and/or the work, to determine the applicability of the Bylaw or to determine the impact of the proposed work upon the interests of the Bylaw.
Shall mean any open body of water, either naturally occurring or man-made by impoundment, with a surface area of at least 10,000 square feet, and which is never without standing water due to natural causes except during periods of extended drought.
Shall mean any source or volume of surface or groundwater demonstrated to be in any private use or demonstrated to have a potential for private use.
Shall mean any bank, freshwater wetland, marsh, bog, wet meadow, swamp, creek, river, stream, pond, or lake or any land under said waters, or any land subject to flooding or inundation whether or not bordering a surface water body, or any land bordering thereon, as defined in the Jurisdiction section above, and including the no-disturbance and buffer zones.
Shall mean any source or volume of surface or groundwater demonstrated to be in public use or approved for water supply pursuant to M.G.L. Chapter 111, § 160 by the Division of Water Supply of the Department of Environmental Protection or shown to have a potential for public use.
Shall mean more than half of the members of the Conservation Commission then in office.
Shall mean the act or process of taking away or moving any type of materials thereby changing the land elevation or topography, either temporarily or permanently.
Shall mean to put back in proper place, or to provide an equivalent to the satisfaction of the Commission.
Shall mean any application for review and written finding by the Conservation Commission as to whether a site or the work proposed, as presented in the application thereon is subject to the jurisdiction of the Bylaw.
Is equivalent to any area subject to protection under the bylaw.
Shall mean a natural stream of water that empties into any lake, pond or other river or stream, and has a continuous flow.
Shall mean to play a role. A resource area is significant to an interest identified in the Bylaw when it plays a role in the provision or protection, as appropriate, of that interest.
Shall mean the prevention of 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.
Shall mean a body of running water, including brooks and creeks, whether continuous or intermittent, moving in a definite channel in the ground.
Means a combination of materials or things arranged or constructed for permanent or temporary occupancy, shelter, or use.
See definition in the Act, M.G.L. Chapter 131, § 40, as amended.
All time periods of 10 days or less referred to in the regulations shall be computed using business days only. In the case of a determination or Order, such period shall commence on the first day after the date of issuance, and shall end at the close of business on the tenth business day thereafter. All other time periods shall be computed on the basis of calendar days, unless the last day falls on a Saturday, Sunday or legal holiday observed by the town of Lunenburg, in which case the last day shall be the next day following.
See § 239-9 of the Bylaw. Vernal pools whether or not certified by the state shall be considered as a resource area.
Shall mean an authorization from the Conservation Commission to an applicant for a deviation from the terms of the Bylaw or regulation.
See the definition of "Freshwater Wetland" in the Act, Chapter 131, § 40, as amended. The term "wetland" includes:
Vegetated wetlands are wet meadows, marshes, swamps and bogs where 50% or more of the vegetative community consists of wetland indicator plants as defined in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40) and regulations at 310 CMR 10.00. When vegetation is not sufficient to determine the boundary of a wetland, characteristics of hydric soils or observations of flowing water, standing water or saturated soils may be used.
Shall mean all mammals, birds, fish, reptiles, amphibians, and invertebrate animal species including, but not limited to, any state- or federally-listed endangered or threatened species, or species of special concern.
Shall mean areas having plant community composition and structure, hydrologic regime, or other characteristics sufficient to provide shelter, nutrient sourcing, growing conditions, nesting or breeding sites conducive to the propagation and preservation of wildlife.
Shall mean the same as "activity."