[HISTORY: Adopted by the Conservation Commission of the Town of Barnstable 7-1-2003;
revised 3-14-2006. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Wetlands protection — See Ch. 237.
Under §§ 237-1 to 237-14 of the Town of Barnstable Code, any person who violates any provision of this bylaw, regulations thereunder or permits issued thereunder, shall be punished by a fine of not more than $300. Each day or portion thereof during which a violation continues shall constitute a separate offense, and each provision of the bylaw regulation or permit violated shall constitute a separate offense. In the alternative to criminal prosecution, the Commission may elect to utilize the noncriminal disposition procedure set forth in MGL c.40, § 21D. In assessing noncriminal penalties (fines), the Conservation Commission and its agents shall have the discretion to hold the contractor, the property owner or both as the responsible party(ies).
Violations shall be as follows:
A.
Type 1: any unauthorized removing, filling, dredging,
or altering of any of the following resource areas: surface water body; vegetated
wetland or unvegetated wetlands; any land under said waters; any land subject
to flooding or inundation by groundwater, surface water, tidal action or coastal
storm flowage; any coastal bank.
B.
Type 2: any unauthorized removing, filling, dredging,
or altering within 100 feet of any of the following resource areas: surface
water body; vegetated wetland or unvegetated wetlands; any land under said
waters; any land subject to flooding or inundation by groundwater, surface
water or tidal action; any coastal bank.
C.
Type 3: failure to comply with an enforcement order issued
by the Barnstable Conservation Commission or its agents.
D.
Type 4: any unauthorized activity beyond the scope of
an order of conditions, determination of applicability or certificate of compliance
issued by the Conservation Commission.
Penalties for violations shall be as follows:
|
Violation
|
Penalty
|
|---|---|
|
Type 1
|
$200
|
|
Type 2
|
$200
|
|
Type 3
|
$300
|
|
Type 4
|
$300
|
