[HISTORY: Adopted 9-24-1963 STM, Art. 6. Amendments noted where applicable.]
[Current statutes in effect: MGL c. 40, § 8C;
and MGL c. 40, § 5.
Historical Notes:
Article 6 of the 9-24-1963 Special Town Meeting accepted:
MGL c. 40, § 8C, establishing a Conservation
Commission of five members, to be appointed by the Board of Selectmen
for three-year terms, for the promotion and development of natural
resources and the protection of watershed resources in the Town, which
Commission shall have the authority to adopt rules and regulations
governing the use of land and waters under its control, and prescribe
penalties, not exceeding a fine of $100, for any violation thereof;
and
MGL c. 40, § 5, clauses (50) and (51), providing
for appropriations authorized by Town Meeting to the Conservation
Commission. Said clauses (50) and (51) no longer exist; the whole
of § 5 was rewritten by St. 1989, c. 687, § 12,
to read "A Town may at any Town meeting appropriate money for the
exercise of any of its corporate powers; provided, however, that a
Town shall not appropriate or expend money for any purpose, on any
terms, or under any conditions inconsistent with any applicable provision
of any general or special law."
Former clauses (50) and (51) read as follows:
(50) For the purpose of matching appropriation by the commonwealth
for the control of the disease known as encephalitis such sums as
may be required, but not more than $5,000. Money so appropriated shall
be expended under the direction of the state reclamation board.
(51) For the establishment and maintenance of a conservation
commission. In addition a city or Town may appropriate money in any
year to a conservation fund of which the treasurer shall be custodian.
He may deposit or invest the proceeds of said fund in savings banks,
trust companies incorporated under the laws of the commonwealth, banking
companies incorporated under the laws of the commonwealth which are
members of the Federal Deposit Corporation, or national banks, or
invest it in paid up shares and accounts of and in co-operative banks
or in shares of savings and loan associations or in shares of federal
savings and loan associations doing business in the commonwealth,
and any income therefrom shall be credited to the fund. Monies in
the fund may be expended by said commission for any purpose, other
than a taking by eminent domain, authorized by section eight C.
The general authority of current MGL c. 40, § 5,
appears to authorize appropriations to the Conservation Commission.]
