[HISTORY: Adopted by the Annual Town Meeting
of the Town of Wayland 5-1-2002 by Art. 27. Amendments noted where applicable.]
GENERAL REFERENCES
Boats and boating — See Ch. 101.
Dudley Pond — See Ch. 109.
Hunting and trapping — See Ch. 120.
Pesticides — See Ch. 143.
Trees — See Ch. 171.
Zoning — See Ch. 198.
Aquifer Protection District — See Ch. 300.
Conservation cluster development — See Ch. 301.
Site plan review and approval — See Ch. 302.
Subdivision of land — See Ch. 303.
The purpose of this chapter is to provide a
greater degree of protection of wetlands, buffer zones, and related
water resources, than the protection of these resource areas provided
under MGL c. 131, § 40, and the Wetlands Regulations promulgated
thereunder by the Massachusetts Department of Environmental Protection.
This greater degree of protection shall be by pre-construction review
and control of activities deemed by the Conservation Commission likely
to alter, degrade, or have an adverse cumulative effect upon wetland
values and functions, 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, stormwater quality, water quality, fisheries, unusual
plants, wildlife, wildlife habitat, passive recreation and aquaculture
values (collectively, the "wetland values protected by this chapter").
A.
ALTER
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
APPLICANT
BANKS
BOG
BUFFER ZONE
(1)
(2)
BYLAW
LAND SUBJECT TO FLOODING OR INUNDATION
(1)
(2)
(3)
MARSH
PERSON
POND
RIVERFRONT AREA
STREAM
SWAMPS
VERNAL POOL
WETLAND
WET MEADOW
The following definitions shall apply in the interpretation
and implementation of this chapter:
Includes, but is not limited to, one or more of the following
actions upon areas described in this chapter:
The removal, excavation or dredging of soil,
sand, gravel or aggregate material of any kind;
The changing of preexisting drainage characteristics,
flushing characteristics, salinity distribution, sedimentation patterns,
flow patterns and flood storage retention areas;
The drainage or disturbance of the water level
or water table, the dumping, discharging or filling with any material
or drainage which could degrade the water quality;
The driving of piles, erection of buildings
or structures of any kind;
The placing of obstructions, including docks
and piers, whether or not they interfere with the flow of water;
The destruction of plant life, including the
cutting of trees;
The changing of water temperature, biochemical
oxygen demand and other natural characteristics of the receiving water;
Any activity, change or work which pollutes
or degrades the quality of any stream, body of water, wetland, buffer
zone, or water resource area whether located in or out of the Town
of Wayland;
The flowage of water, piped or otherwise channelized,
through irrigation or other unnatural means into or onto any wetlands,
buffer zones, and related water resources.
Any person who files a determination of applicability (RDA)
as to whether this chapter applies to any area or work thereon or
any person who files a notice of intent (NOI) to do work within such
area to build, remove, fill, dredge, discharge into, or alter a wetlands,
buffer zone and/or related water resource.
Land adjoining any body of water which serves to confine
said water, the lower boundary being the mean annual low flow level,
and the upper boundary being the first observable break in the slope
or the mean annual flood level, whichever is higher.
An area where standing or slowly running water is near or
at the surface during a normal growing season and where a vegetational
community has a significant portion of the ground or water surface
covered with sphagnum moss and where the vegetational community is
made up of a significant portion of one or more of, but not limited
to nor necessarily including all of, the following plants or groups
of plants: aster, azaleas, black spruce, larch, laurels, leatherleaf,
orchids, pitcher plants, sedges, sundews, sweet gale, or white cedar.
Unless otherwise specified herein, any land whichever is
the greater distance of the following:
One hundred feet horizontally lateral from the
edge of any bog, marsh, wet meadow, swamp, pond, vernal pool, bank,
streambed, lake, stream or any other resource area specified in this
chapter; or
One hundred feet horizontally lateral from the
water elevation of the one-hundred-year storm, or land subject to
flooding or inundation.
Chapter 194 of the Code of the Town of Wayland.
A protected water resource, except as noted in the definition
of "stream," means an area of depression in topography, isolated depression,
low lying land, or closed basin which floods periodically and/or serves
as a ponding area of ground or surface water. This area may also border
a freshwater vegetated wetlands as a result of a hydrologic connection
with a freshwater wetlands, marsh, bog, wet meadow, swamp, creek,
river, stream, pond, or lake or other water body during any storm
event up to and including the one-hundred-year storm event.
Such area shall be 500 square feet or greater
in surface area and may include vernal pools.
Land subject to flooding or inundation shall
include the area shown on the Federal Emergency Management Agency
Flood Profile, Town of Wayland one-hundred-year flood elevation, as
most recently amended.
TR-20 computer program (Computer Program for Project Formulationater during any storm event (up to and including the one-hundred-year storm event based upon a twenty-four-hour seven-inch rainfall), hydrophilic vegetation (wetland indicator plants), and/or hydric soils. The lateral extent of flooding may be determined by: the most recent Federal Management Flood Profile one-hundred-year flood elevation for the Town of Wayland, the elevation that is reached by the amount of water from a one-hundred-year storm event determined either by visual observation, or by calculation using the Soil Conservation Service hydrologic model TR-20 computer program (Computer Program for Project Formulation - Hydrology, Soil Conservation Service Technical Release 20, Washington, D.C., 1983) for a twenty-four-hour, seven-inch rainfall event.
An area where a vegetational community exists in standing
or running water during the growing season and where at least 50%
of the vegetational community is composed of, but not limited to nor
necessarily including all of, the following plants or groups of plants:
arums, bladderworts, bur-reeds, buttonbush, cattails, duckweeds, eelgrass,
frog bits, horsetails, hydrophilic grasses, leatherleaf, pickerel
weeds, pipeworts, pond weeds, rushes, sedges, smartweeds, sweet gale,
water milfoil, water lilies, water starworts or water willow.
Includes any individual, group of individuals, associations,
partnerships, corporations, business organizations, trust, estate,
Commonwealth of Massachusetts when subject to Town bylaws; any public
or quasi-public corporation or body when subject to town bylaws; any
other legal entity, including the Town of Wayland or its legal representatives,
agents or assigns.
Any open body of freshwater, either naturally occurring or
manmade by impoundment, with a surface area observed or recorded within
the last 10 years of at least 10,000 square feet and which is never
without standing water due to natural causes, except during periods
of extended drought. For purposes of this definition, "extended drought"
shall mean any period of four or more months during which the average
rainfall for each month is 50% or less of the ten-year average for
that same month. Basins or lagoons, which are part of wastewater treatment
plants, shall not be considered "ponds," nor shall swimming pools
or other impervious man-made retention basins.
That area of land situated between a perennial stream's mean
annual high-water line and a parallel line located a maximum of 200
feet away, measured outward horizontally from the stream's mean annual
high-water line. The Commission may, after a public hearing, designate
a riverfront area of less than 200 feet for a densely developed area.
This definition shall not create a buffer zone, so-called, beyond
such riverfront area. The riverfront area shall not apply to any mosquito
control work for the improvement of low lands and swamps and the eradication
of mosquitoes under MGL c. 252.
A body of running water, and the land under the water, including
brooks, creeks, and man-made watercourses, which moves in a definite
channel in the ground due to hydraulic gradient in a definable path.
A portion of a stream may flow through a culvert, pipe, or beneath
a bridge. A stream may be intermittent (i.e., does not flow throughout
the year).
An area where groundwater is at or near the surface of the
ground for not less than two consecutive weeks of the growing season
or where runoff water from surface drainage frequently collects above
the soil surface and where at least 50% of the vegetational community
is made up of, but is not limited to nor necessarily includes all
of, the following plants or groups of plants: alders, ashes, azaleas,
black alder, black spruce, buttonbush, American or white elm, highbush
blueberry, larch, cowslip, poison sumac, red maple, skunk cabbage,
sphagnum mosses, spicebush, black gum tupelo, sweet pepperbush, white
cedar or willow.
Includes, in addition to any vernal pool certified by the
Massachusetts Division of Wildlife and Fisheries Natural Heritage
and Endangered Species Program, any confined basin or depression not
occurring in existing lawns, gardens, landscaped areas, or driveways,
which normally holds water for a minimum of two continuous months
during the spring and/or summer, contains at least 200 cubic feet
of water at some time during most years, is free of adult predatory
fish populations, and provides essential breeding and rearing habitat
functions for amphibian, reptile, or other vernal pool community species.
Wet meadows, marshes, swamps, bogs, and other areas where
groundwater, flowing or standing surface water or ice provide a significant
part of the supporting substrate for a hydrophilic plant community,
or emergent and submergent plant communities in inland waters.
An area where groundwater is at or near the surface of the
ground for not less than two consecutive weeks of the growing season
or where runoff water from surface drainage frequently collects above
the soil surface and where at least 50% of the vegetational community
is composed of various grasses, sedges and rushes; made up of, but
not limited to nor necessarily including all of, the following plants
or groups of plants: blue flag, vervain, thoroughwort, dock, false
loosestrife, hydrophilic grasses, loosestrife, marsh fern, sensitive
fern or smartweed.
B.
The Conservation Commission may, in its rules and
regulations, provide such other definitions or terms used in this
chapter not inconsistent therewith, as it deems useful in order to
carry out its obligations under this chapter.
A.
No person shall remove, fill, dredge, build upon,
discharge onto or otherwise or alter any bank, freshwater wetland,
marsh, bog, wet meadow, swamp, vernal pool, creek, river, stream,
pond or lake or any land under said waters, or any buffer zone, or
any land subject to flooding or inundation, or riverfront area other
than in the course of maintaining, repairing or replacing, but not
substantially changing or enlarging, an existing and lawfully located
structure or facility used in the service of the public and used to
provide electric, gas, water, telephone, telegraph and other telecommunication
services without first filing either a request for a determination
(RDA) of applicability or a notice of intent (NOI) to so remove, fill,
dredge, build upon, discharge, or otherwise alter, including such
plans as may be necessary to fully describe such proposed activity
and its effect on the environment and without receiving and complying
with a permit issued by the Conservation Commission. Said applications
shall be made in conjunction with any required filings under MGL c.
131, § 40. Said request for determination of applicability
or notice of intent shall be sent by certified mail or hand delivered
to the Conservation Commission. Each such notice or determination
shall be accompanied by a filing fee to be established by the Conservation
Commission in accordance with a fee schedule adopted by the Conservation
Commission pursuant to MGL c. 40, § 22F, payable to the
Town of Wayland.
B.
Copies of a request for determination of applicability
or a notice of intent shall be sent at the same time, by certified
mail or by hand delivery, to the Board of Health. Such determination
of applicability or notice of intent may be sent before any or all
permits, variances and approvals required by the Zoning Bylaw[1] or by the Subdivision Control Law[2] and the regulations of the Planning Board hereunder have
been obtained; however the filing shall note if such permits, variance
and approvals are required.
C.
Upon receipt from any person of a request for determination
of applicability, the Conservation Commission shall within 30 days
make a written determination as to whether this chapter is applicable
to any land or work thereon. This determination shall be made after
a public meeting to consider the request for a determination of applicability.
Notice of the date, time, and place of said meeting shall be given
by the Conservation Commission at the expense of the applicant, not
less than seven days prior to such hearing by publication in a newspaper
of general circulation in Wayland, and by delivering or mailing a
notice thereof to the applicant, Board of Health, the Town Surveyor,
Road Commissioners, Surface Water Quality Committee, Building Commissioner,
Planning Board, to abutters of the land (property owners within 100
feet of the activity/parcel, as determined by the most recent Assessors'
records) on which the proposed activity is to take place and to such
other persons as the Conservation Commission may determine. Where
such person is other than the owner, notice of any such determination
and notice of the Commission's decision, shall be sent to the owner,
abutters, Building Commissioner, and to the person making such request.
The Conservation Commission shall hold a public
hearing on the proposed activity within 30 days of the receipt of
said notice of intent. Notice of the date, time, and place of said
hearing shall be given by the Conservation Commission at the expense
of the applicant, not less than seven days prior to such hearing by
publication in a newspaper of general circulation in Wayland, and
by delivering or mailing a notice thereof to the applicant, Board
of Health, the Town Surveyor, Road Commissioners, Building Commissioner,
Surface Water Quality Committee, Planning Board, to abutters of the
land (as determined by the most recent Assessors' records) on which
the proposed activity is to take place and to such other persons as
the Conservation Commission may determine. The Conservation Commission,
the Town Surveyor, the Planning Board, their agents, officers and
employees may enter upon privately owned land without liability of
any kind for the purpose of performing their duties under this section.
A.
If, after said hearing, the Conservation Commission
determines that the wetland, related water resource area, vernal pool,
pond, or buffer zone on which the proposed work is to be done is likely
to be significant to the protection of the values and functions of
the wetlands, related water resource area, and buffer zone by impacting
the public or private water supply, groundwater, flood control, erosion
and sedimentation control, storm damage prevention, water pollution
prevention, stormwater quality, water quality, fisheries, shellfish,
unusual plants, wildlife, wildlife habitat, passive recreation and
aquaculture values the Commission shall, by written order, within
21 days or such time as the Commission and the applicant agree on,
impose such conditions as are reasonably necessary for the protection
of the interests described herein, and all work shall be done in accordance
therewith. Said order shall be known as a "wetlands and water resources
permit" and may be issued in conjunction with an order of conditions
issued pursuant to MGL c. 131, § 40. The conditions may
include a condition that certain land or portions thereof not be built
upon or altered, filled or dredged; that streams not be diverted,
dammed or otherwise disturbed.
B.
If the Conservation Commission makes a decision that
the proposed activity does not require the imposition of such conditions,
the applicant and all others who have received notice of such hearing
by mail shall be notified of such decision within 21 days after said
hearing.
C.
The Conservation Commission shall not impose additional
or more stringent conditions as a result of any hearing conducted
by it pursuant to MGL c. 131, § 40 than it has imposed pursuant
to the provisions of this chapter nor shall it require from an applicant
who filed a notice of intention pursuant to MGL c. 131, § 40
additional materials or data than is required of him/her pursuant
to the application filed under this chapter.
D.
Wetlands and water resources permits shall expire
three years from the date of issuance. An applicant may apply for
an extension at least 30 calendar days prior to the expiration of
the permit or extension and the Commission may deny a request for
an extension, may require a new notice of intent, may make a new determination
of applicability grant extensions for up to three years each. Notice
of any decision or extensions of time granted an applicant shall be
filed with the Town Clerk.
This chapter shall not apply to any emergency
project as defined in MGL c. 131, § 40 provided that a plan
is given to the Conservation Commission within 30 days of the abatement
of the emergency and provided that the Conservation Commission may,
after notice and public hearing, require restoration or mitigation
measures including such structural changes as it deems feasible and
necessary to protect the wetlands values and functions of this chapter,
or to any work performed for normal maintenance or improvement of
land actively devoted to agricultural, horticultural, floricultural,
silvaculture, or viticultural use at the time of application, provided
however that further encroachment into an area subject to this chapter
or an increase in impervious surface does not constitute normal maintenance.
A.
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 determination or permit issued
under this chapter, shall forthwith comply with any such order or
restore such land to its condition prior to any such violation; provided,
however, that no action, civil or criminal, shall be brought against
such person unless such action is commenced within three years following
the recording or registration of the deed or vesting of title through
death showing the date or the death by which such real estate was
acquired by such person.
B.
The Select Board may, upon request of the Conservation
Commission, instruct the Town Counsel to take such legal action as
may be necessary to restrain a violation of this chapter and enforce
the orders of the Conservation Commission hereunder.
The Conservation Commission may, after a public
hearing, notice of which shall be given to other Town Boards and by
posting a legal advertisement in a newspaper with general circulation
in the Town of Wayland at least seven days prior to such public hearing,
promulgate rules and regulations to effectuate the purposes of this
chapter. However, failure by the Commission to promulgate such rules
and regulations or a legal declaration of the invalidity of any such
rules and regulations by a court of law shall not act to suspend or
invalidate the effect of this chapter.
A.
The applicant shall have the burden of proving by
a preponderance of the credible evidence that the work proposed in
the notice of intent will not cause harm to the functions and values
sought to be protected by this chapter.
B.
Failure to provide to the Conservation Commission
adequate evidence to determine that the proposed work will not cause
harm to the functions and values sought to be protected by this chapter
shall be sufficient cause to deny such wetlands and water resources
permit or to grant such a wetlands and water resources permit with
such conditions as the Commission deems reasonably necessary or desirable
to carry out the purposes of this chapter or to postpone or continue
the hearing to another date certain to enable the applicant and others
to present additional evidence.
The Conservation Commission may, as part of
its wetlands and water resources permit, require, in addition to any
security required by any other Town or state board, commission, agency
or officer, that the performance and observance of the conditions
imposed hereunder be secured by one, or in part by one and in part
by the other, of the methods described in the following Subsections
A and B:
A.
By a proper bond or a deposit of money or negotiable
securities, sufficient in the opinion of the Conservation Commission
to secure performance of the conditions and observance of the safeguards
of such order of conditions.
B.
By a covenant, executed and duly recorded by the owner
of record, running with the land, whereby the conditions and safeguards
included in such order of conditions shall be performed before any
lot may be conveyed, other than by mortgage deed.
Whoever violates any provision of this chapter
may be assessed a civil fine of not more than $300. Each day or portion
thereof of a continuing violation may constitute a separate offense.
This chapter may be enforced by any Town police officer, other officer
having police powers, or agents of the Conservation Commission.
A decision of the Conservation Commission relative
to a wetlands and water resources permit shall be reviewable in the
Superior Court in accordance with MGL c. 249, § 4.
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 Wetlands Regulations 310 CMR 10.00 promulgated hereunder by the
Massachusetts Department of Environmental Protection.
A determination of the invalidity of any section
or provision of this chapter by a court of competent jurisdiction
shall not invalidate any other section or provision thereof, nor shall
it invalidate any wetlands and water resources permit or conditions
therein which has previously become final.
