(a)
Purpose and authority. The purpose of this section is to protect
the wetlands, related water resources and adjoining land areas in
the Town of Weymouth by prior review and control of activities deemed
by the Conservation Commission likely to have a significant or cumulative
effect upon resource area values deemed important to the community,
including but not limited to the following (collectively, the "resource
area values" protected by this section):
1.
Public or private water supply.
2.
Groundwater.
3.
Flood control.
4.
Erosion and sedimentation control.
5.
Storm damage prevention, including coastal storm flowage.
6.
Water quality.
7.
Water pollution control.
8.
Fisheries.
9.
Shellfish.
10.
Wildlife habitat.
11.
Rare species habitat, including rare plant species.
12.
Aquaculture.
13.
Recreation.
14.
Aesthetics.
15.
Historical and archaeological preservation.
Authority. This section is intended to utilize the Home Rule
authority of this municipality to protect additional resource areas,
for additional values, with additional standards and procedures stricter
than those of the Wetlands Protection Act, MGL c. 131, § 40,
and regulations, 310 CMR 10.
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(b)
Jurisdiction. Except as permitted by the Conservation Commission
or as provided in this section, no person shall commence to remove,
fill, dredge, build upon, degrade, discharge into or otherwise alter
the following resource areas (collectively, the "resource areas protected
by this ordinance"):
1.
Any freshwater or coastal wetland, riverine wetland, marsh, wet meadow,
bog, swamp or kettle hole, whether bordering on surface waters or
isolated, or whether annual or seasonal;
2.
Any bank, beach or dune;
3.
Any ocean, bay or estuary;
4.
Any reservoir, lake, pond of any size, vernal pool, river, stream
or creek, whether intermittent or continuous, natural or man-made;
5.
Any land under the aforesaid waters;
6.
Any land subject to flooding or inundation by groundwater or surface
water;
7.
Any land subject to tidal action, coastal storm flowage or flooding
at or below the one-hundred-year storm line;
8.
Any land within 100 feet of any of the aforesaid resource areas (the
"buffer zone");
9.
Riverfront area.
(c)
AESTHETICS
ALTER
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
ANRAD
BANK
DATE OF ISSUANCE
DOA
LAND IN AGRICULTURAL USE
NOI
ORAD
POND
PERSON
RARE SPECIES
RFD
REGULATIONS
RIVERFRONT AREA
VERNAL POOL
Definitions. The following definitions shall apply in the interpretation
and implementation of this section:
The natural scenery and appearance of any area visually accessible
to the public.
Includes, without limitation, the following activities when
undertaken to, upon, within or affecting resource areas protected
by this section:
Removal, excavation or dredging of soil, sand, gravel or aggregate
materials of any kind;
Changing of preexisting drainage characteristics, flushing characteristics,
salinity distribution, sedimentation patterns, flow patterns or flood
retention characteristics;
Drainage or other disturbance of water level or water table;
Dumping, discharging or filling with any material which may
degrade water quality;
Placing of fill or removal of material which would alter elevation;
Driving of piles, erection or repair of buildings or structures
of any kind;
Placing of obstructions or objects in water;
Destruction of plant life, including cutting of trees;
Changing temperature, biochemical oxygen demand or other physical,
biological or chemical characteristics of any waters;
Any activities, changes or work which may cause or tend to contribute
to pollution of any body of water or groundwater;
Application of pesticides or herbicides;
Incremental activities which have, or may have, a cumulative
adverse impact on the resource areas protected by this section.
Abbreviated notice of resource area delineation.
Includes the land area which normally abuts and confines
a water body; 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.
The date an order of conditions, modification or extension
of an order or any written decision of the Commission is mailed, as
evidenced by a postmark, certified mail card or the date it is hand
delivered.
Determination of applicability.
Land within resource areas presently and primarily used in
producing or raising agricultural commodities for commercial purposes,
including land used in a customary and necessary manner to produce
such commodities, such as existing access roads and irrigation systems.
Such land may lie inactive up to five consecutive years unless it
is under a contract with federal or state agencies for a longer term.
Notice of intent.
Order of resource area delineation.
The term "pond" shall follow the definition of 310 CMR 10.04
except that the size threshold of 10,000 square feet shall not apply.
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 Town ordinances, administrative agency, public or quasi-public
corporation or body, this municipality and any other legal entity,
its legal representatives, agents or assigns.
Includes, without limitation, all vertebrate and invertebrate
animal and plant species listed as endangered, threatened or of special
concern by the Massachusetts Division of Fisheries and Wildlife, regardless
of whether the site in which they occur has been previously identified
by the Division.
Request for determination.
Local regulations promulgated by the Weymouth Conservation Commission under § 7-301(q) of the Code of Ordinances.
The area of land between a river's mean annual high water
line and a parallel line located 200 feet away (25 feet in areas specified
in the Rivers Protection Act) measured horizontally outward from the
river's mean annual high water line. There is no buffer zone to the
riverfront area. The riverfront area may include or overlap other
resource areas and/or their buffer zones.
Includes a confined basin depression which, at least in most
years, holds water for a minimum of two months during the spring and/or
summer, and which is free of adult fish populations, as well as the
area within 100 feet of the mean annual boundary of such a depression,
regardless of whether the site has been certified by the Massachusetts
Division of Wildlife and Fisheries.
Except as otherwise provided in this section or in regulations
of the Commission, the definitions of terms in this section shall
be as set forth in the Wetlands Protection Act, MGL c. 131, § 40,
and regulations, 310 CMR 10.00.
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(d)
Conditional exceptions.
1.
Public services. The application and permit required by this section
shall not be required for 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 to
provide electric, gas, water, telephone, telegraph or other telecommunication
services, 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.
2.
Agriculture. The application and permit required by this section
shall not be required for work performed for normal maintenance or
improvement of land which is lawfully in agricultural use at the time
the work takes place, 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.
3.
Emergency projects.
a.
The application and permit required by this section shall not be
required for emergency projects necessary for the protection of the
health and 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 Commission
or its agent certifies the work as an emergency project; provided
that the work is performed only for the time and place certified by
the Commission for the limited purposes necessary to abate the emergency;
and provided that, within 21 days of completion of an emergency project,
a report is submitted to the Commission describing how the work was
performed so as to contribute to the resource area values protected
by this section. Upon failure to meet these and other requirements
of the Commission, the Commission may, after notice and a public hearing,
revoke or modify an emergency project approval and order restoration
and mitigation measures.
b.
Other than as stated in this section, the exceptions provided in
the Wetlands Protection Act, MGL c. 131, § 40, and regulations,
310 CMR 10.00, shall not apply under this section.
(e)
Request for determination of applicability.
1.
Any person desiring to know whether or not a proposed activity or
an area is subject to this section may, in writing, request a determination
from the Commission. Such a request for determination (RFD) shall
include such information and plans as are deemed necessary by the
Commission or specified in the regulations of the Commission.
2.
The Commission may accept as the RFD under this section the request
for determination of applicability form used under the Wetlands Protection
Act, MGL c. 131, § 40, and regulations, 310 CMR 10.00.
3.
At the time of the filing of an RFD, the applicant shall pay a filing
fee specified in the regulations of the Commission. This fee is in
addition to that required by the Wetlands Protection Act, MGL c. 131, § 40,
and regulations, 310 CMR 10.00.
4.
Upon receipt of an RFD, the Commission is authorized under Subsection
(i) of this section to require an applicant to pay a fee for the reasonable
costs and expenses of any expert consultant deemed necessary by the
Commission to review the RFD. The fee shall be specified in the regulations
of the Commission.
5.
The Commission may waive the filing fee and consultant fee for an
RFD filed by a state or federal agency. The Town is exempt from the
filing fee and the Commission may waive the consultant fee.
6.
Any person filing an RFD with the Commission at the same time shall
give written notice thereof, by certified mail, return receipt requested,
or by hand delivery, to all abutters at their mailing addresses shown
on the most recent applicable tax list of the Assessors, including
owners of land directly opposite on any public or private street or
way. The notice to abutters shall enclose a copy of the RFD or shall
state where copies may be examined and obtained by the abutter. An
affidavit of the person providing such notice, with a copy of the
notice, shall be filed with the Commission. If the person making the
request is not the owner of the area subject to the request, the RFD
shall include a certification that the owner has been provided a copy
of the RFD.
7.
Notice of the time and place of the public hearing at which the determination
will be made shall be given by the Commission at the expense of the
person making the request, not less than five days prior to such hearing,
by publication in a newspaper of general circulation in the Town,
and by mailing a notice to the person making the request, the owner
of the area subject to the request and Town boards and officials as
prescribed in this section.
8.
Within 21 days after the date of receipt of the RFD, unless an extension
is authorized in writing by the applicant, the Commission shall hold
a public hearing on said request. Within 21 days of the close of the
public hearing or any continuances thereof, the Commission shall issue
a determination of applicability (DOA). The DOA shall be signed by
a majority of the Commission, and copies shall be sent by the Commission
to the person making the request and to the owner of the area subject
to the DOA. The Commission may use as the DOA the form used under
the Wetlands Protection Act, MGL c. 131, § 40, and regulations,
310 CMR 10.00.
9.
A DOA shall be valid for three years from the date of issuance.
(f)
Applications for permits:
1.
A written application shall be filed with the Commission to perform
activities regulated by this section affecting the resource areas
protected by this section. No activities may commence without receiving
and complying with a DOA, permit ("order of conditions") or order
of resource area delineation (ORAD) issued pursuant to this section.
2.
The permit application ("notice of intent" or NOI) or abbreviated
notice of resource area delineation (ANRAD) may in part be the form
filed pursuant to the Wetlands Protection Act, MGL c. 131, § 40,
and the regulations, 310 CMR 10.00. The NOI or ANRAD shall include
such information and plans as are deemed necessary by the Commission
to describe the proposed activities and their effects on the resource
areas protected by this section. The Commission shall establish in
its regulations the minimum submittal requirements for an NOI.
3.
At the time of filing an NOI, an ANRAD, or applying for an extension
or modification of an order of conditions, or for a certificate of
compliance for work completed under an order of conditions, the applicant
shall pay a filing fee specified in the regulations of the Commission.
The fee is in addition to that required by the Wetlands Protection
Act, MGL c. 131, § 40, and regulations, 310 CMR 10.00.
4.
Upon receipt of an NOI, an ANRAD, or a request for an extension or modification of an order of conditions, or for a certificate of compliance, the Commission is authorized pursuant to § 3-305 of these ordinances and Subsection (i) of this section, to require an applicant to pay a fee for the reasonable costs and expenses to be borne by the Commission for expert consultant services deemed necessary by the Commission to come to a final decision on the application or request.
5.
The Commission may waive the filing fee and consultant fee for applications
and requests filed by a state or federal agency. The Town is exempt
from the filing fee and the Commission may waive the consultant fee.
(g)
Notice and hearings.
1.
Any person filing an NOI, an ANRAD, or request for an extension or
modification of an order of conditions shall provide written notice
to abutters pursuant to the requirements of the Wetlands Protection
Act, MGL c. 131, § 40, and as implemented by the Department
of Environmental Protection in guidance documents or its regulations,
310 CMR 10.00.
2.
Notice of the time and place of the public hearing shall be given
by the Commission at the expense of the applicant not less than five
days prior to the hearing by publication in a newspaper of general
circulation in the Town and by mailing a notice to the applicant and
to the Town officials and boards and adjoining municipalities specified
in Subsection (h) of this section.
3.
The Commission shall commence the public hearing within 21 days from
receipt of a completed application or request, unless an extension
is authorized in writing by the applicant.
4.
Whenever possible, the Commission shall combine its hearing under
this section with the hearing conducted under the Wetlands Protection
Act, MGL c. 131, § 40, and regulations, 310 CMR 10.00.
5.
The Commission shall have the authority to continue the hearing to
a date certain announced at the hearing, for reasons stated at the
hearing, which may include receipt of additional information from
the applicant, or from others deemed necessary by the Commission in
its discretion, or to obtain comments and recommendations of the Boards
and officials listed in Subsection (h). If an agreed-upon date cannot
be announced at the public hearing, then the date, time and place
of the continued public hearing shall be publicized in accordance
with Subsection (g)(1) and (2).
6.
The Commission shall issue its order of conditions, amended order
of conditions or decision on an extension of an order of conditions
or order of resource area delineation (ORAD), in writing, within 21
days of the close of the public hearing, unless an extension of time
is authorized in writing by the applicant.
7.
The order of conditions, modification or extension of an order of
conditions, or ORAD must be approved by a majority of the Commission
eligible to vote on the application or request. To be eligible to
vote, a Commission member must be present during the entire public
hearing and at all continuances of the public hearing on the application
or request.
8.
The order of conditions, modification or extension of an order or
ORAD shall be signed by a majority of the Commission and shall be
mailed or hand delivered to the applicant, agent or attorney.
(h)
Coordination with other boards.
1.
Any person filing an RFD, NOI, ANRAD, or request for an amendment
of an order of conditions with the Commission shall submit a project
submittal form (available from the Weymouth Conservation Commission)
no later than 14 days prior to the public hearing, by certified mail,
return receipt requested, or by hand delivery, to the Mayor, Town
Council, Department of Community Planning and Development, Board of
Appeals, Health Department, Town Engineer and Inspector of Buildings.
If so requested by a Weymouth office or department herein listed,
the applicant shall provide a full copy of its submittal. The project
submittal form shall inform the boards and officials that, under the
provision of this section, they have 14 days in which to file advisory
comments and recommendations with the Commission and the applicant.
2.
Any person filing an RFD, NOI, ANRAD, or request for an amendment
of an order of conditions with the Commission shall provide a copy
thereof, along with the project submittal form, to the Conservation
Commission of the adjoining municipality, if the RFD, NOI, ANRAD,
or request pertains to property within 300 feet of that municipality.
3.
An affidavit of the person providing notice, with a copy of the notice
mailed or delivered, shall be filed with the Commission. The Commission
shall not take final action until the boards and officials have had
14 days from receipt of notice to file written comments and recommendations
with the Commission, which the Commission shall take into account
but which shall not be binding on the Commission. The applicant shall
have the right to receive any comments and recommendations, and to
respond to them at a hearing of the Commission, prior to final action.
(i)
Consultant fees.
1.
Upon receipt of an RFD, NOI, ANRAD, request for an extension or modification
of a permit, request for issuance of a certificate of compliance,
or at any point during the hearing process, the Commission is authorized
to require an applicant to pay a fee for the reasonable costs and
expenses to be borne by the Commission for specific expert consultant
services deemed necessary by the Commission to come to a final decision
on the application or request. This fee is called a consultant fee.
2.
The specific consultant services may include, but are not limited
to, survey and delineation, analysis of resource area functions, performing
or verifying the accuracy of wildlife habitat evaluations, hydrogeologic
and drainage analyses and environmental or land use law. The Commission
may require the payment of a consultant fee at any point in its deliberations
prior to a final decision. The exercise of discretion by the Commission
in making its determination to require the payment of a consultant
fee shall be based upon its reasonable finding that additional information
acquirable only through consultants would be necessary for the making
of an objective decision. The Commission shall consult with the Town
Solicitor and shall retain no environmental law or land use law consultant
except with the express approval of the Town Solicitor.
3.
The applicant shall pay the fee to be put into a revolving fund,
which may be drawn upon by the Commission for specific consultant
services approved by the Commission at one of its public meetings.
The revolving fund must be authorized by a separate vote of the Town
Council meeting in accordance with the State's revolving fund statute,
MGL c. 44, § 53E 1/2.
4.
The Commission shall return any unused portion of the consultant
fee to the applicant unless the Commission decides at a public meeting
that other action is necessary. Any applicant aggrieved by the imposition
of or size of the consultant fee or any act related thereto, may appeal
in accordance with Subsection (o) of this section.
5.
Consultant fees. The maximum consultant fee charged to reimburse
the Commission for reasonable costs and expenses shall be according
to the following schedule:
Project Cost
|
Maximum Fee
| |
---|---|---|
Up to $100,000
|
$2,500
| |
$100,001 to $500,000
|
$3,500
| |
$500,001 to $1,000,000
|
$5,000
| |
$1,000,001 to $1,500,000
|
$7,500
| |
$1,500,001 to $2,000,000
|
$10,000
|
NOTE: Each additional $500,000 project cost increment (over
$2,000,000) shall be charged at an additional maximum fee of $2,500
per increment.
| |
The "project cost" means the estimated entire cost of the project,
including, but not limited to, building construction, site preparation,
landscaping and all site improvements. The applicant shall submit
estimated project costs at the Commission's request, but the lack
of such estimated project costs shall not avoid the payment of the
consultant fee.
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(j)
Burden of proof. The applicant for an order of conditions or modification
of an order of conditions shall have the burden of proving by a preponderance
of the credible evidence that the work proposed in the application
or request will not have unacceptable significant or cumulative effect
upon the resource area values protected by this section. Failure to
provide adequate evidence to the Commission supporting this burden
shall be sufficient cause for the Commission to deny a permit or grant
a permit with conditions.
(k)
Permits and conditions.
1.
If the Commission, after a public hearing, determines that the activities
which are subject to the permit application or the land and water
uses which will result therefrom are likely to have a significant
individual or cumulative effect upon the resource area values protected
by this section, the Commission, within 21 days of the close of the
hearing, shall approve or deny a permit for the activities requested.
If it approves a permit, the Commission shall impose conditions that
the Commission deems necessary or desirable to protect those values,
and all activities shall be done in accordance with those conditions.
The Commission shall take into account the cumulative adverse effects
of loss, degradation, isolation and replication of protected resource
areas throughout the community and the watershed, resulting from past
activities, permitted and exempt, and foreseeable future activities.
2.
The Commission is empowered to deny a permit for failure to meet
the requirements of this section for failure to submit necessary information
and plans requested by the Commission; for failure to meet the design
specifications, performance standards and other requirements in regulations
of the Commission; for failure to avoid or prevent unacceptable significant
or cumulative effects upon the resource area values protected by this
section; and where no conditions are adequate to protect those values.
Due consideration shall be given to any demonstrated hardship on the
applicant by reason of denial, as presented at the public hearing.
3.
To prevent wetlands loss, the Commission shall require applicants
to avoid wetlands alteration wherever feasible; shall minimize wetlands
alteration; and, where alteration is unavoidable, shall require full
mitigation. The Commission may authorize or require replication of
wetlands as a form of mitigation, but only with adequate security,
professional design and monitoring to assure success, because of the
high likelihood of failure of replication.
4.
A permit shall expire three years from the date of issuance. Notwithstanding
the above, the Commission, in its discretion, may issue a permit for
a period up to five years from the date of issuance for recurring
or continuous maintenance work, provided that annual notification
of time and location of work is given to the Commission. Any permit
may be renewed for one or more periods of up to one year each, provided
that a request for a renewal is received in writing by the Commission
30 days prior to the expiration date. Notwithstanding the above, a
permit may contain requirements which shall be enforceable for a stated
number of years, indefinitely or until standing protection is in place,
and shall apply to all current and subsequent owners of the land.
5.
For good cause, the Commission may revoke or modify a permit, determination,
or order issued under this section after notice to the holder of the
permit, determination, or order, notice to the public, abutters and
Town boards, pursuant to Subsection (g)(1) and (2), and a public hearing.
6.
The Commission may combine the permit issued under this section with
the order of conditions issued under the Wetlands Protection Act,
MGL c. 131, § 40, and regulations, 310 CMR 10.00.
7.
No work proposed in any permit application shall be undertaken until
the permit issued by the Commission with respect to such work has
been recorded in the Registry of Deeds, or if the land affected is
registered land in the Land Court, and until the holder of the permit
certifies in writing to the Commission that the permit has been recorded.
(l)
Security. As part of a permit issued under this section, and in addition
to any security required by any other municipal or state board, agency
or official, the Commission may require that the performance and observance
of the conditions imposed thereunder (including conditions requiring
mitigation work) be secured wholly or in part by one or more of the
methods described below:
1.
By a proper bond or deposit of money or negotiable securities or
other undertaking of financial responsibility sufficient, in the opinion
of the Commission, to be released in whole or in part upon issuance
of a certificate of compliance for work performed pursuant to the
permit;
2.
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 this municipality whereby
the permit conditions shall be performed and observed before any lot
may be conveyed other than by mortgage deed. This method shall be
used only with the consent of the applicant.
(m)
Certificate of compliance.
1.
Upon completion of work approved by an order of conditions, an applicant
shall file a written request with the Commission for a certificate
of compliance certifying that the work or portions thereof have been
completed in compliance with the order of conditions. If a project
has been completed in accordance with plans stamped by a registered
professional engineer, architect, landscape architect or land surveyor,
a written statement by such a professional person certifying substantial
compliance with the plans and setting forth any deviation from the
plans approved in the order shall accompany the request for a certificate
of compliance.
2.
A certificate of compliance shall be issued by the Commission within
21 days of receipt of the request.
3.
Prior to any decision on the request, the Commission shall conduct
a site inspection in the presence of the applicant or the applicant's
representative.
4.
If the Commission determines after review and inspection that the
work has not been done in compliance with the order of conditions,
it may refuse to issue a certificate of compliance. Such refusal shall
be in writing and shall specify the reasons for denial. The Commission
may issue a partial certificate of compliance specifying what work
has been completed in compliance with the order of conditions.
5.
If the order of conditions contains requirements which continue past
the completion of work, such as maintenance or monitoring, the certificate
of compliance shall specify which conditions shall continue.
6.
The certificate of compliance shall be recorded in the Registry of
Deeds, or if the land affected is registered land, in the Land Court.
Certification of recording shall be sent to the Commission. Upon failure
of the applicant to record, the Commission may do so at the applicant's
expense.
(n)
Enforcement.
1.
No person shall remove, fill, dredge, build upon, degrade or otherwise
alter resource areas protected by this section, or cause, suffer or
allow such activity, or leave in place unauthorized fill, or otherwise
fail to restore illegally altered land to its original condition,
or fail to comply with a permit or an enforcement order issued pursuant
to this section.
2.
The Commission, its agents, officers and employees shall have authority
to enter upon privately owned land for the purpose of performing their
duties under this section and may make or cause to be made such examinations,
surveys or sampling as the Commission deems necessary, subject to
the Constitutions and laws of the United States and the Commonwealth
of Massachusetts.
3.
The Commission shall have authority to enforce this section, its
regulations and permits issued thereunder by violation notices, administrative
orders and civil and criminal court actions. Any person who violates
provisions of this section may be ordered to restore the property
to its original condition and take other actions deemed necessary
to remedy such violations or may be fined, or both.
4.
Upon request of the Commission, the Mayor and the Town Solicitor
shall take legal action for enforcement under civil law. Upon request
of the Commission, the Chief of Police shall take legal action for
enforcement under criminal law.
5.
Municipal boards and officers, including any police officer or other
officer having police powers, shall have authority to assist the Commission
in enforcement.
6.
Any person who violates any provision of this section or regulations,
permits or administrative orders issued thereunder shall be punished
by a fine of $300 per day or portion of a day. Each day or portion
thereof during which a violation continues or unauthorized fill or
other alteration remains in place shall constitute a separate offense,
and each provision of the ordinance, regulations, permits or administrative
orders violated shall constitute a separate offense once the first
notice of violation has been given.
8.
If a civil fine for a violation is contemplated, the Commission shall
hold a public hearing to discuss the alleged violation and to give
the landowner and/or violator an opportunity to respond to the evidence
and circumstances. The landowner and/or violator shall be given at
least 48 hours' notice in writing of the date, time and place of the
hearing, by certified mail or hand delivery. The fine is payable to
the Town of Weymouth within 21 days and shall be placed in the consultant
fee revolving fund for use by the Commission.
(o)
Appeals. A decision of the Commission shall be reviewable in the
Superior Court in accordance with MGL c. 249, § 4.
(p)
Relation to the Wetlands Protection Act. This section 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, 310 CMR 10.00.
(q)
Regulations. After public notice and public hearing, the Commission
shall promulgate regulations to effectuate the purposes of this section.
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 section.
(r)
Severability. The invalidity of any subsection or provision of this
section shall not invalidate any other section or provision thereof,
nor shall it invalidate any permit or determination which previously
has been issued.