The purpose of this chapter is to protect the
wetlands, related water resources, and adjoining land areas in the
City by controlling activities deemed to have significant effect upon
wetland values, including but not limited to the following: public
or private water supply, groundwater, flood control, erosion and sedimentation
control, storm damage prevention, water pollution prevention, fisheries,
recreation, agriculture, aquaculture, and historic values (collectively,
the "interests protected by this chapter").
[Amended 10-16-2012; 2-23-2021]
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 100 feet of any bank to a perennial or intermittent
stream; upon or within 100 feet of any lake, river, pond, stream;
upon or within any land under said waters; upon or within any canal,
canalway or raceway, or within any land under a canal, canalway or
raceway, upon a canal wall; or upon any bordering land subject to
flooding.
[Amended 10-16-2012]
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 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 the structure or facility is not substantially
changed or enlarged, provided that written notice has been given to
the Commission prior to commencement of work, and provided that the
work conforms to performance standards and design specifications in
regulations adopted by the Commission. 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 advance notice, oral or written, has been given to the
Commission prior to 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 certified by the Conservation Commission for
the limited purposes necessary to abate the emergency. Within 21 days
of commencement of an emergency project a project review shall take
place with the Commission or its authorized staff to determine if
a "notice of intent" filing shall be required. Exceptions provided
in Wetlands Protection Act Regulations 310 CMR 10.02(2)(b), as amended,
shall apply for minor work in the buffer zone, although exceptions
in the Wetlands Protection Act Regulations [310 CMR 10.02(2)(a)(1)]
for activities in the Riverfront Area shall not apply.
[Amended 10-16-2012]
Electronic copies of all submission materials shall be presented
as part of a complete submission package, which City staff shall circulate
to the Planning Board, Zoning Board of Appeals, Board of Health, and
Building Inspector within seven days of receipt. Specific plan requirements
are located in, and updated periodically by, the Commission's rules
and regulations. The application and plans shall contain data as required
by this chapter and regulations by the Commission. The Commission
may not close any public hearing or take final action on any request
for determination until such boards and officials have had 14 days
from receipt of the notice to file written comments and recommendations
with the Commission, which the Commission may take into account but
which shall not be binding on the Commission.
The following definitions shall apply in the
interpretation and implementation of this chapter.
ALTER
Includes, without limitation, the following actions when
undertaken in resource areas subject to this chapter:
A.
Removal, excavation or dredging of soil, sand,
gravel, or aggregate materials of any kind.
B.
Changing of preexisting drainage characteristics,
flushing characteristics, salinity distribution, sedimentation patterns,
flow patterns, or flood retention characteristics.
C.
Drainage or other disturbance of water level
or water table.
D.
Dumping, discharging or filling with any material
which may degrade water quality.
E.
Placing of fill, or removal of material, which
would alter elevation.
F.
Driving of piles, erection of buildings, or
structures of any kind.
G.
Placing of obstructions or objects in water.
H.
Destruction or dislocation of plant life, including
cutting and moving of trees.
I.
Changing water temperature, biochemical oxygen
demand, or other physical or chemical characteristics of water.
J.
Any activities, changes or work which pollutes
or causes displacement of any body of water or groundwater.
K.
Any activities, changes or work which would result in the reduction
of flow rates through a canal, canalway or raceway, or which would
result in the dewatering of any portion of a canal, canalway or raceway.
[Added 2-23-2021]
PERSON
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 City ordinances, administrative agencies, public or quasi-public
corporations or bodies, the City of Lowell and/or assigns.
As part of a permit issued under this chapter,
in addition to any security required by any other City or state board,
agency or official, the Commission may require that the performance
and observance of the conditions imposed hereunder 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 the City 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.
The applicant for a permit 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 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.
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.
[Added 10-16-2012]
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 has been issued.