The purpose of this chapter is to protect the wetlands of the Town of
Blackstone by prior review and control of activities which would have any
adverse impact on wetland values, including, but not limited to the following:
public and private water supply, groundwater, flood control, erosion and sedimentation
control, storm damage prevention, water pollution prevention, fisheries, shellfish,
wildlife habitat, recreation and aesthetics (collectively, the "wetland values
protected by this chapter").
Except as otherwise provided in §
119-4, no person shall remove, dredge, fill or alter within 100 feet of any wetland, bank, marsh, wet meadow, bog, swamp, creek, river, stream, pond, lake or one-hundred-year floodplain or, when located within the public water supply catchment basin, within 150 feet of the areas listed above without first filing a written notice of intent, including such plans as may be necessary to describe such proposed activity and its effect on the environment, and obtaining and complying with an order of condition issued pursuant to this chapter.
The following definitions shall apply in the interpretation and implementation
of this chapter.
A. As used in this chapter, the following terms shall have
the meanings indicated:
ALTER
Includes, without limitation, the following actions when used in
areas subject to this chapter:
(1)
Removal, excavation or dredging of soil, sand, gravel or aggregate materials
of any kind.
(2)
Changing drainage characteristics, flushing characteristics, sedimentation
patterns, flow patterns and flood retention characteristics.
(3)
Drainage or other disturbance of water level or water table.
(4)
Dumping, discharging or filling with any material which may degrade
water quality.
(5)
Driving of piles, erection of buildings or structures of any kind.
(6)
Placing of obstructions whether or not they interfere with the flow
of water.
(7)
Destruction of plant life, including the cutting of trees.
(8)
Changing of water temperature, biochemical oxygen demand or other physical
or chemical characteristics of the water.
BANK
That part of the land adjoining any body of water which confines
the water.
PERSON
Includes any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, the commonwealth
or political subdivision thereof, administrative agency, public or quasi-public
corporation or body or other legal entity or its legal representatives, agents
or assigns insofar as subject to this Wetlands Chapter.
WETLAND
Includes any vegetative community consisting of wetland plant species
as defined in Massachusetts Wetlands Protection Act (MGL c. 131, § 40,
as of July 1978) and/or the substrate is predominantly undrained hydric soils
and/or the substrate is nonsoil and is saturated with water or covered by
shallow water at some time during the growing season of each year (Army Corps
of Engineers Manual for Methodology for Wetland Delineation, 1987). The wetland
buffer zone, within 100 feet of a wetland, will be considered under this chapter
to be a wetland resource area and will receive the same protection status
as marshes, wet meadows, bogs, swamps, streams, rivers, ponds, lakes, banks
and bordering vegetated wetlands.
[Amended by 4-25-1994 ATM, Art. 27]
B. The Commission may adopt additional definitions not inconsistent with this §
119-3 in its regulations promulgated pursuant to §
119-10 of this chapter.
The applicant shall bear the burden of proving that the work proposed
in the notice of intent will not harm the interests protected by this chapter.
Failure to provide adequate evidence to the Commission shall be sufficient
cause to deny or condition the project.
After due notice and public hearing, the Commission may promulgate regulations
to effectuate the purposes of this chapter. Failure by the Commission to promulgate
such 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.
[Added 4-29-1991 by ATM, Art. 41]
A. The Conservation Commission may deny permission for any removing, dredging, filing or altering if, in its judgment, such denial is necessary to protect and preserve the interests identified in §
119-1 of this chapter.
B. Every proposed building shall have a one-hundred-foot
setback from any wetlands, bank, marsh, wet meadows, bog, swamp, creek, river,
stream, ford, lake or one-hundred-year floodplain. Any request for a variance
of the setback rules shall require an affirmative vote of at least four of
the members of the Conservation Commission present and voting.
[Added 4-29-1991 by ATM, Art. 41;
amended 5-30-2000 by ATM, Art. 13]
C. If the acreage of a minimum-size lot required by present
zoning is 75% or more wetland and/or buffer zone, approval of a notice of
intent will require an affirmative vote of at least four members of the Conservation
Commission present and voting.
[Added by 4-25-1994 ATM, Art. 28;
amended 5-30-2000 ATM, Art. 14]
The Commission may require, as an order of condition, that the performance
and observance of other conditions be secured by a bond or deposit of money
or negotiable securities in an amount determined by the Commission to be sufficient
and payable to the Town of Blackstone upon default.
Any person who violates any provision of this chapter or of any condition
of a permit issued pursuant to it 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; if more than one, each condition violated
shall constitute a separate offense. This chapter may be enforced by a Town
police officer or other officer having police powers. Upon request of the
Commission, the Board of Selectmen and Town Counsel shall take such legal
action as may be necessary to enforce this chapter and permits issued pursuant
to it.
Any person who purchases, inherits or otherwise acquires real estate
upon which work has been done in violation of the provisions of this chapter
or in violation of any order pursuant to this chapter shall forthwith comply
with any such order or restore such real estate to its condition prior to
any such violation; provided, however, that no such action, civil or criminal,
shall be brought against such person unless commenced within three years following
the date of acquisition of the real estate by such person.