[HISTORY: Adopted 12-10-1984 Special Town Meeting, Art
26. Amendments noted where applicable.]
[Amended 10-19-1987 STM, Art. 29]
The purpose of this chapter is to protect the
wetlands, related water resources and adjoining land areas in the
Town by prior review and control of activities deemed by the Conservation
Commission to have or be likely to have an effect or cumulative effect
upon wetland values, including but not limited to the following: public
water supply, private water supply, groundwater and groundwater quality,
water quality in the numerous ponds of the Town, flood control, erosion
and sedimentation control, storm damage prevention, prevention of
water pollution, fisheries, shellfish, wildlife and wildlife habitat,
aesthetics and historic values (collectively, the "interests protected
by this chapter"). This chapter is further intended to provide a means
for review and correction of activities performed by any person in
violation of any provision contained herein.
[Amended 10-19-1987 STM, Art. 29]
A.
Except as permitted by the Conservation Commission
or as provided in this chapter, no person shall remove, fill, dredge,
alter or build upon or within any of the following resource areas:
(1)
On or within 100 feet of any bank, beach, dune or
flat.
(2)
On or within 100 feet of any freshwater wetland, coastal
wetland, vernal pool, marsh, meadow, bog or swamp.
[Amended 11-13-2017 FYTM,
Art. 14]
(3)
Upon or within 100 feet of any lake, pond, river,
stream, estuary or the ocean.
(4)
Upon any land under said waters.
(5)
Upon or within 100 feet of any land subject to flooding
or inundation by groundwater or surface water.
(6)
Upon any land subject to flooding or inundation by
tidal action or coastal storm flowage.
(7)
Upon any land within a riverfront area.
[Added 11-13-2017 FYTM,
Art. 14]
B.
Any activity proposed or undertaken outside any area
specified above shall be subject to regulation under this chapter
if, in the judgment of the Conservation Commission or its agent, said
activity may result or has resulted in the removing, filling, altering
or building upon any area specified above.
A.
The permit and application required by this chapter
shall not be required for maintaining, repairing or replacing an existing
and lawfully located structure or facility which is used in the service
of the public to provide electric, gas, water, sanitary sewer, storm
drainage, public roadway, telephone, telegraph or other telecommunication
services, provided that written notice has been given to the Conservation
Commission prior to the commencement of work that the structure or
facility will not be, in the opinion of the Conservation Commission,
substantially changed or enlarged, and provided that any work done
conforms to the performance standards and design specifications in
regulations adopted by the Conservation Commission.
B.
The permit and application required by this chapter
shall not apply to emergency projects necessary for the protection
of the health or safety of the public, provided that the work is to
be performed by or has been ordered to be performed by an agency of
the commonwealth or a political subdivision thereof, provided that
adequate notice, oral or written, has been given to the Conservation
Commission prior to the commencement of work or within 24 hours after
commencement, provided that the Conservation Commission certifies
the work as an emergency project, and provided that the work is performed
only for the time and place certified by the Conservation Commission
for the limited purpose necessary to abate the emergency. Within 21
days of commencement of an emergency project, a permit application
shall be filed with the Conservation Commission for review as provided
in this chapter.
C.
Other than stated in this section, the exemptions
provided in the Wetlands Protection Act and the regulations promulgated
thereunder shall not apply.
A.
Application for permit.
(1)
Written application shall be filed with the Conservation
Commission to perform any work which will or which, in the opinion
of the Conservation Commission, may affect resource areas within the
jurisdiction of this chapter. Upon the petition of any 10 registered
voters of the Town the Commission shall require any work commenced
within the jurisdiction of this chapter without a permit to be ordered
stopped, and shall require a written application as provided in this
section. The application shall include such plans as are deemed necessary
by the Conservation Commission to describe the proposed activities
and their effects on the environment. No work or alteration shall
commence without receiving and complying with a permit issued pursuant
to this chapter.
(2)
The application and plans shall contain data as required
by this chapter and any regulations adopted pursuant thereto by the
Conservation Commission.
(3)
The Conservation Commission may require application
and plans under this chapter in addition to the notice of intent and
plans filed pursuant to the Wetlands Protection Act, MGL c. 131, § 40.
[Amended 5-12-1986 ATM, Art. 60]
(4)
At the time of application, the applicant shall pay
a filing fee specified in the regulations of the Conservation Commission
promulgated pursuant to this chapter.
B.
Request for determination. Any person desiring to
know whether or not proposed work or an area is subject to this chapter
may request a determination, in writing, from the Conservation Commission.
Such a request for determination shall contain data and plans as specified
by the regulations of the Conservation Commission promulgated pursuant
to this chapter.
[Amended 5-8-1989 ATM, Art. 33]
A.
Notice. Any person filing an application or a request
for determination with the Commission at the same time shall give
written notice thereof, by certified mail or hand delivery, to all
abutters and abutters to abutters within 300 feet of the lot which
is the subject of such application or request for determination, according
to the most recent records of the Assessor, and to all other persons
as the Conservation Commission shall in writing require. The notice
shall enclose a copy of the application or request with plans or shall
state where copies may be examined and obtained by abutters. When
a person requesting a determination is other than the owner, the request,
the notice of the hearing and the determination itself shall be sent
by the Commission to the owner as well as to the person making the
request.
[Amended 5-12-1986 ATM, Art. 60; 5-8-1989 ATM, Art. 33]
B.
Hearing.
(1)
The Commission shall conduct a public hearing on any
application or request for determination, with written notice, published
at the expense of the applicant five working days prior to the hearing
in a newspaper of general circulation in the Town.
[Amended 5-12-1986 ATM, Art. 60]
(2)
The Commission shall commence the public hearing on
any application or request for determination within 21 days from receipt.
(3)
The Commission shall issue its permit or other action
or determination, in writing, within 21 days of the close of the public
hearing thereon or within 21 days of the close of any continuances
of the prior public hearings.
(4)
The Commission, in an appropriate case, may combine
its hearing under this chapter with the hearing conducted under the
Wetlands Protection Act, MGL c. 131, § 40.
(5)
For reasons announced by the Conservation Commission
at the hearing, the Commission shall have authority to continue or
postpone the hearing to a date certain 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 in its discretion.
(6)
The Conservation Commission shall take action on the
application at the continuance date, provided that the applicant has
complied in all respects with the request of the Conservation Commission
for further information pursuant to this section, unless further continuances
are consented to by the applicant.
[Amended 5-12-1986 ATM, Art. 60]
[Amended 10-19-1987 STM, Art. 29]
A.
Any person filing a permit application or a request
for determination with the Commission shall, if requested in writing
by the Conservation Commission or its agent, provide a copy thereof
at the same time, by certified mail or hand delivery, to the Select
Board, Planning Board, Board of Appeals, Board of Health and Building
Inspector, who shall, if requested by the Conservation Commission
in writing or by 10 registered voters of the Town, file written comments
and recommendation with the Commission.
[Amended 11-13-2017 FYTM, Art. 13]
B.
The Commission shall not take final action until such
Boards and officials have had 14 days from the receipt of notice to
file said written comments and recommendations with the Commission,
which the Commission shall take into account but which shall not be
binding on the Commission.
C.
The coordination sought by this section can be achieved in part through the staff review process. For actions subject to that process, none of the timing limitations of § 172-5 shall commence to run until staff review process has been completed.
[Added 5-14-1990 STM, Art. 12; amended 5-2-2011 ATM, Art. 32]
A.
Action by Commission. if the Commission, after a public
hearing, determines that the area which is the subject of the application
is likely to be significant to the interests protected by this chapter,
the Commission, within 21 days of the close of the hearing or a continuance
thereof, shall issue or deny a permit for the work requested. If it
issues a permit, the Commission shall impose conditions which the
Commission deems necessary or desirable to protect those interests,
and all work shall be done in accordance with those conditions. If
the area is deemed not likely to be significant to the interests protected
by this chapter, the Commission shall so inform the applicant that
the work does not require a permit.
B.
Permits.
(1)
Permits shall expire three years from the date of
issuance. Any permit may be renewed for up to additional three-year
periods, provided that a request for an extension is received, in
writing, by the Commission 30 days prior to expiration of the permit.
[Amended 5-5-1997 ATM, Art. 26; 11-13-2006 FYTM, Art. 18; 12-3-2018 FYTM, Art. 8]
(2)
For good cause, the Commission may revoke or modify
a permit issued under this chapter.
(3)
The Conservation Commission shall issue permits under
this section in addition to any order of conditions issued under the
Wetlands Protection Act.
After public notice and public hearing, the
Commission shall promulgate rules and regulations to effectuate the
purposes of this chapter. Public notice shall include publication
of all proposed regulations in a newspaper of general circulation
in the Town not less than 21 days prior to public hearing. 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. At a minimum, these
regulations shall define key terms in this chapter not inconsistent
with this chapter.
The following definitions shall apply in the
interpretation and implementation of this chapter.
Includes, without limitation, the following actions when
undertaken in resource areas subject to this chapter:
Removal, excavation or dredging of soil, sand,
gravel or aggregate materials of any kind.
Changing of preexisting drainage characteristics,
flushing characteristics, salinity distribution, sedimentation patterns,
flow patterns or flood retention characteristics.
Drainage or other disturbance of water level
or water table.
Dumping, discharging or filling with any material.
Placing of fill or removal of material.
Driving of piles, erection of buildings or structures
of any kind.
Placing of obstructions or objects in water.
Destruction of plant life, including cutting
of trees.
Changing water temperature, biochemical oxygen
demand or other physical or chemical characteristics of water.
Any activities, changes or work which pollute
in any way any body of water or groundwater.
Includes any individual, group of individuals, association,
partnership, corporation, company, business organization, trust, estate,
the commonwealth or political subdivision thereof to the extent subject
to Town bylaws, administrative agencies, public or quasi-public corporations
or bodies, this municipality and any other legal entity, its legal
representatives, agents or assigns.
[Amended 5-12-1986 ATM, Art. 60]
As part of a permit issued under this chapter,
in addition to any security required by any other Town or state board,
agency or official, the Commission may require that the performance
and observance of the conditions imposed hereunder shall be secured,
wholly or in part, by one or more of the methods described below:
A.
By a proper bond or deposit of money or negotiable
securities sufficient in the opinion of the Commission.
B.
By a conservation restriction, easement or other covenant
enforceable in a court of law, executed and duly recorded by the owner
of record, running with the land to the benefit of this municipality
and members of the public, whereby the permit conditions shall be
performed and observed before any lot may be conveyed other than by
mortgage deed.
A.
The Commission, its agents, officers and employees
shall have authority to enter upon privately owned land for the purpose
of performing their duties under this chapter and may make or cause
to be made such examinations, surveys or sampling as the Commission
deems necessary.
B.
The Police Department and the Conservation Commission
shall have authority to enforce this chapter, its regulations and
permits issued thereunder by violation notices, administrative orders
and civil and criminal court actions.
C.
Upon request of the Commission or upon written request
of any 10 residents of the commonwealth, the Select Board and the
Town Counsel shall take legal action for enforcement under civil law.
Upon request of the Commission, the Chief of Police shall take legal
action for enforcement under criminal law.
[Amended 11-13-2017 FYTM, Art. 13]
D.
In the alternative to criminal prosecution, the Commission
may elect to utilize the noncriminal disposition procedure set forth
in MGL c. 40, § 21D.
E.
Municipal boards and officers, including any police
officer or other officer having police powers, shall have authority
to assist the Conservation Commission in enforcement.
F.
Any person who violates any provision of this chapter,
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 chapter, regulations or permit violated shall
constitute a separate offense.
The applicant for a permit shall have the burden
of proving by clear and convincing 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.
This chapter 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 thereunder.
A.
The invalidity of any section or provision of this
chapter shall not invalidate any other section or provision thereof,
nor shall it invalidate any order of conditions which previously have
been issued.
B.
If any court of the commonwealth shall invalidate any provision of this chapter or any regulation promulgated thereunder, the Conservation Commission shall present to the next Town Meeting after such invalidation, amendments to this chapter which are designed to comply with any court decision invalidating such provision and shall amend the regulations pursuant to § 172-8 to comply with such decision.
[Amended 5-12-1986 ATM, Art. 60]
