Town of Marblehead, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Conservation Commission of the Town of Marblehead 3-14-1961. Amendments noted where applicable.]
GENERAL REFERENCES
Wetlands protection — See Ch. 194.
Parks and recreation areas — See Ch. 236.

§ 209-1 Authority, applicability and purpose.

A. 
These regulations are promulgated by the Conservation Commission of the Town of Marblehead (the "Commission") pursuant to the authority conferred upon it in MGL c. 40, § 8C, as amended, and accepted by action of Town Meeting March 14, 1961. They apply to all areas under the control of the Commission by reason of deed, lease, easement, license, exercise of eminent domain, informal arrangement with officials or departments, or otherwise.
B. 
The purpose of these regulations is to enhance the general purpose of the conservation areas in the Town as places of peaceful, quiet recreational enjoyment of natural surroundings.

§ 209-2 Town not liable for damages.

The Commission does not undertake to patrol regularly any area under its control, and the Town does not assume any liability for any personal injuries, property damage, or other loss to persons going on such areas. All persons entering upon or using conservation lands do so at their own risk.

§ 209-3 Permit required for certain activities.

All persons are welcome in conservation areas of the Town without a permit, except that as provided below a permit is required for certain activities. Any permit which these regulations provide is issuable by the Commission may be issued in writing by any member thereof, with such reasonable conditions as the member may deem appropriate, shall be kept in the possession of the person to whom granted at all times during such person's conduct of the activities for which it was issued, and shall be displayed to any law enforcement officer or Commission member requesting it at any time.
A. 
Picnicking is permitted in areas under Commission control unless otherwise posted.
B. 
Nature study, hiking, bicycling, horseback riding, snowshoeing and ski touring are permitted and encouraged unless otherwise posted.
C. 
Fires are permitted only for cooking, and then only with a permit issued by the Commission, and in compliance with any applicable rules and regulations of the Marblehead Fire Department and applicable law. Any person starting a fire shall be responsible for its control and complete extinguishment and shall remain present at the fire until it is completely extinguished.
D. 
Trapping, fishing, and other taking of wildlife will be permitted only in areas specially posted by sign as open for such activities or with a permit issued by the Commission.
E. 
No cars, trucks, motorcycles, motorbikes, snowmobiles, motorboats, or other powered vehicles are permitted on any area under Commission control without a permit issued by the Commission. This regulation does not apply to vehicles operated by or for the Town or other governmental agency for governmental purposes in these areas, nor to public parking in designated parking areas during the hours posted.
F. 
No person shall camp overnight, place, store or deposit overnight any vehicle, boat, raft, float, or other property, or attach any moorings in any area under the control of the Commission without a permit issued by the Commission.
G. 
No person shall post, paint, affix or display any sign, notice, placard or advertising device, except with a permit issued by the Commission.

§ 209-4 Trails, dams and other structures.

The Commission may issue permits which authorize trails to be cut or marked, dams to be built or any structure such as a lean-to, bridge, tower or handrail to be constructed and other projects to be undertaken in order most beneficially to develop the areas under its control. No approval shall be given for any project which does not, in the opinion of the Commission, promote and develop the natural resources or protect the watershed resources of the Town. The Commission may require the prior submission of plans and specifications for any such project, the posting of sufficient bond, and other undertakings before the project is commenced or thereafter.

§ 209-5 Cutting or removal of trees, flowers and other plants.

[Amended 5-7-2007 ATM by Art. 25]
Except pursuant to authority granted under § 209-4 above, the following applies:
A. 
Definitions.
CONSERVATION LANDS
Means those lands currently under the jurisdiction of the Marblehead Conservation Commission.
REMOVAL
Means cutting, pruning, digging, poisoning, damaging, covering with yard waste or any similar action resulting in the loss of the vegetation.
VEGETATION
Applies to trees, bushes, plants, shrubs, flowers, grasses. They can be live or dead, naturally occurring or human introduced.
B. 
Requirements.
(1) 
No vegetation is to be removed from conservation lands without the expressed, written permission of the Marblehead Conservation Commission.
(2) 
In the event vegetation is removed without the permission of the Marblehead Conservation Commission, all removed vegetation must be replaced or replanted with identical vegetation or its equivalent (to be approved by the Commission).
(a) 
Example: A tree with a diameter of one inch (measured six inches from its base) should be replaced with the same size tree.
(b) 
Example: A tree with a diameter of five inches (measured 12 inches from its base) should be replaced with five trees measuring one inch diameter six inches from their base.
(3) 
All expenses incurred with the replacement or replanting are to be borne by the person or organization causing the original removal.
(4) 
The replaced or replanted vegetation must have a survival rate of at least 70% of the replaced or replanted vegetation at the end of two years after the replacement or replanting. If the 70% survival rate is not met at the end of the two-year period, sufficient additional vegetation must be planted to achieve the 70% survival rate at the end of an additional two-year period.
(5) 
In addition to the foregoing replacement or replanting, a fine in accordance with § 209-14 may be levied against the person or organization causing the removal.

§ 209-6 Revocation of permit.

The Commission, any member thereof, and any law enforcement officer may revoke any authorization or permit granted to any person by or pursuant to these regulations if the Commission or such member or officer concludes that such person has violated any rule or regulation of the Commission, has failed to carry out his plans and specifications as submitted, or has failed to comply with the terms and conditions under which such authorization or permit was granted.

§ 209-7 Digging, dredging or removal of materials.

[Amended 5-7-2007 ATM by Art. 24]
No material shall be dug, dredged, removed from, or dumped or otherwise disposed of within any area under the control of the Commission. No person shall remove, fill, dredge or alter any bank, beach, dune, flat, marsh, meadow or swamp bordering on the ocean or on any estuary, creek, river, stream, or pond, or any land under said waters or any land subject to tidal action, coastal storm flowage, or flooding, within the meaning of MGL c. 131, § 40, as now and hereafter amended, within any area under the control of the Commission. Any person or organization performing or causing to be performed the above described activities shall remove, restore and rehabilitate at their expense the area on which material has been dug, dredged removed, dumped or otherwise disposed of. The removal, restoration and rehabilitation shall be done as defined by and within the time frame specified by the Conservation Commission. In addition to the forgoing removal, restoration and rehabilitation, a fine in accordance with paragraph 209-14 may be levied against the person or organization causing the removal.

§ 209-8 Damaging signs and other structures.

No person shall remove, deface or otherwise damage any signs or structures in areas controlled by the Commission.

§ 209-9 Removal of refuse.

Cans, bottles, garbage and all other refuse shall be taken away unless there is room for the same in any trash barrel provided at the site.

§ 209-10 Swimming.

No swimming is permitted in any freshwater areas under the control of the Commission.

§ 209-11 Animals at large.

No person shall permit any animal owned by him or in his custody or under his control to roam, or be at large in, on or through any area controlled by the Commission.

§ 209-12 Alcoholic beverages.

No person shall drink or bring for drinking any alcoholic beverage, as defined by MGL c. 138, into any area under control of the Commission.

§ 209-13 Possession of weapons.

No person (except a law enforcement officer in the performance of his duty) within any area controlled by the Commission shall have in his possession or discharge or set off any rifle, pistol, air gun, other firearm, fireworks, torpedo or explosive, bow and arrow, or slingshot.

§ 209-14 Violations and penalties.

Any violation of these regulations shall be punishable by a fine of not more than $100 for each offense.

§ 209-15 Effective date.

The effective date of these regulations is October 1, 1974.