Town of Easton, MA General Provisions and Procedures

These regulations, as such may be amended from time to time, take effect when voted by the Conservation Commission and filed with the Town Clerk as provided in the Bylaw at § 227-8 of the Easton Town Code.

The effective date of these regulations shall be December 8, 1986, and the provisions of these regulations shall apply to all applications for determinations and permits for work filed after that date. The effective dates of substantive amendments made after December 8, 1986, are noted and those added or changed provisions shall apply to requests for determinations and applications for permits for work filed after the applicable amendment date.

The Conservation Commission promulgated its first regulations on December 8, 1986. Subsequent amendments to the 1986 regulations are noted as endnotes to each article, but such endnotes are for informational purposes only and are not made part of these regulations.¹ In 2005 the Commission reorganized, rewrote, and clarified many provisions of these regulations. Where the 2005 amendments only clarified the previous language and did not make any substantive changes to the regulations, such 2005 rewrite is not generally discussed in the endnotes.

§ 503-2 Jurisdiction and exemption from regulation.

Jurisdiction.

Resource areas subject to protection under the Bylaw.² The Bylaw protects all areas defined in the Massachusetts Wetlands Protection Act, which incorporates the Rivers Protection Act, MGL c. 131, § 40, and protects additional areas, which are collectively known as the "resource areas subject to protection under the Bylaw" or "Bylaw resource areas." The resource areas subject to protection under the Bylaw are:

Any bank or beach;

Any vegetated wetlands (freshwater wetlands, including a wet meadow, bog, or swamp);

Any vernal pool;

Any reservoir, lake, or pond of any size;

(e)

Any river, stream or creek, whether perennial or intermittent;

(f)

Any land under water bodies and waterways;

(g)

Any land subject to flooding or inundation by groundwater or surface water; and

(h)

Lands within 100 feet of any of the areas subject to protection under the Bylaws set forth in the aforesaid Subsection A(1)(a) through (g), also known as the "Bylaw one-hundred-foot buffer zone" or "buffer zone"; and, further

(i)

Lands within 200 feet of any river, stream, or creek, whether perennial or intermittent, also known as the "Bylaw riverfront area" or "riverfront area."

Activities subject to regulation under the Bylaw. The Conservation Commission shall regulate the following activities or work within the Town of Easton. Nothing herein shall preclude the Conservation Commission from taking appropriate enforcement action against activities occurring outside the Town of Easton but which alter a resource area subject to protection under the Bylaw.

Any activity proposed or undertaken that constitutes removing, filling, altering, dredging, or building upon any resource area subject to protection under the Bylaw, as specified in the aforesaid Subsection A(1), is subject to regulation under the Bylaw and requires the filing of an application for permit with the Conservation Commission.

Any activity connected with the construction or maintenance of a subsurface sewage disposal system, where any component thereof is within any resource area subject to protection under the Bylaw, as specified in the aforesaid Subsection A(1), because of the demonstrated potential for contamination of ground and surface waters from the effluent of these systems.

Any activity proposed or undertaken outside a resource area subject to protection under the Bylaw, as specified in the aforesaid Subsection A(1), shall not be subject to regulation under the Bylaw unless, in the judgment of the Conservation Commission, said activity may result or has resulted in the removing, filling, altering, dredging, or building upon a resource area subject to protection under the Bylaw. If a person wishes to have the Conservation Commission determine whether an activity may be subject to regulation under the Bylaw, that person shall submit a request for determination for applicability pursuant to §§ 503-7, 503-24A(3), 503-25, and 503-26 of the Easton Town Code.

[Amended 8-10-2009]

Exemptions.³ As provided in the Bylaw, § 227-3 of the Easton Town Code, Exemptions under this chapter shall include exemptions consistent with Wetlands Protection Act, MGL c. 131, § 40 and Regulations under 310 CMR 10.02(2) in addition to:

[Amended 5-26-2022]

Expansion of agricultural activities onto lands not previously in agriculture use and within jurisdiction of the conservation commission does require a Permit for Work. Provided, however, nothing contained within this provision shall prohibit the Conservation Commission from exercising its full enforcement powers under the Bylaw and the Wetlands Protection Act, MGL c. 131, § 40, should the Commission determine the activity is not normal maintenance or improvement of land in agricultural use.

The following activities or work within the Buffer Zone or Riverfront Area shall require a pre-construction review, including but not limited to, an inspection by the Conservation Commission or its representative and may be administratively approved prior to commencement of work:

Installation of fencing, provided it does not constitute a barrier to wildlife or flow of floodwaters;

Vista pruning proposal prepared by a licensed arborist or forester; hazard tree removal identified by a licensed arborist; or the removal of up to three trees provided an equal number of native species of trees or shrubs are replanted;

Conversion of lawn to accessory uses such as:

Repair, replacement or construction of decks or patios under 300 square feet, and installation of above-ground pools located greater than 50 feet from bank, vegetated wetland, and land subject to flooding and/or located greater than 100 feet from a vernal pool; and

Construction or replacement of sheds under 200 square feet, provided it is located further from the wetland resource area than existing conditions;

The installation of in-ground pools shall require a Permit for Work under this chapter.

(e)

The removal of trash, rubbish, junk, compost or other items dumped, placed or stockpiled within a wetland resource area and/or the installation of a visual barrier (such as posts and wetland markers) may be required prior to receiving an administrative approval.

§ 503-3 Burden of going forward and burden of proof.

Burden of going forward. The project proponent shall have the burden of going forward with credible evidence from a competent source in support of all matters asserted pursuant to Subsection B below.

Burden of proof.⁴

[Amended 10-19-1992; 8-10-2009; 3-5-2018]

Permit for work. The Applicant shall have the burden of proving by a preponderance of the credible evidence that any proposed work and its natural and consequential cumulative impacts and effects shall have no adverse effect upon any of the Bylaw wetland values and, further, shall contribute to the protection of the Bylaw wetland values by complying with the general performance standards established for each Bylaw resource area. Failure to meet the burden of proof shall be cause for the Conservation Commission to deny the application for a permit for work along with any work or activity proposed therein.

Determinations of applicability and resource delineation. The Applicant shall have the burden of proving by a preponderance of the credible evidence that the Conservation Commission does not have jurisdiction over the proposed activity (work), in a request for a determination of applicability; and that the boundaries of the resource areas subject to protection under the Bylaw (Bylaw resource areas) are accurate, in a request for a determination of resource delineation.

Determination of significance (nonsignificance). The Applicant requesting a determination of significance or applying for a permit for work shall have the burden of demonstrating by clear and convincing evidence that the Bylaw resource area is not significant (that it does not play a role in) to the protection of one or more Bylaw wetland values.

(4)

Waiver. The Commission may waive a performance standard set forth in these regulations. The person requesting a waiver of a performance standard shall have the burden of demonstrating by clear and convincing evidence that:

there are no reasonable conditions or alternatives that would allow the proposed activity to proceed in compliance with said regulations;

avoidance, minimization and mitigation have been employed to the maximum extent practicable and the proposed work, including all mitigation measures, and the natural and consequential cumulative effects of the work, will have no significant adverse effects upon any of the Bylaw wetland values as set forth in these regulations; and

the project provides benefits in the public interest as defined by § 503-4B; and

the project is otherwise in compliance with these regulations including all the provisions of § 503-22.

(5)

Waiver for Rare Species Habitat. Notwithstanding § 503-3B(4) above, where the project limit of work is within or abuts an estimated rare species habitat as designated on the most current map prepared by the Massachusetts Natural Heritage & Endangered Species Program (NHESP), the Commission shall be diligent in its review of the proposed activity. The Commission may consider waiving the rare species performance standard when the following conditions are met in addition to the requirements in § 503-3B(4). The Applicant for a waiver of a performance standard shall have the burden of demonstrating by clear and convincing evidence that:

The MA Natural Heritage and Endangered Species Program (NHESP) has been consulted, and has issued a formal determination, prior to filing a request with the Commission; and

The project has been designed in accordance with any formal determination of the NHESP to address the standards in the MA Endangered Species Act and its implementing regulations at 321 CMR 10.00; and

ABUTTER (OWNER OF LAND ABUTTING THE ACTIVITY)

At least 14 days prior to the public hearing, the Applicant must provide to the Commission the NHESP determination and accompanying comments. The Commission cannot close the hearing until the NHESP has been consulted and has submitted written comments.

§ 503-4 Definitions.

Application of definitions in Wetlands Protection Act, MGL c. 131, § 40. Except as otherwise provided in the Bylaw and in Subsection B below, the definitions of terms in the Bylaw and the regulations shall be as set forth in the Wetlands Protection Act, MGL c. 131, § 40, and enabling regulations, 310 C.M.R. Chapter 10.00.

Definitions.⁶ As used in these regulations, the following terms shall be defined as follows:

An owner of land in any direction sharing a common boundary with the site of the proposed activity (work), even where that boundary is located at a point within the site; in a street, way, intersection of roadways; or in a river, stream, reservoir, lake, pond, and within 300 feet of the property line of the land where the activity is proposed.[1]

ACT

The Massachusetts Wetlands Protection Act (incorporating The Rivers Protection Act, 1996 Mass. Acts c. 258), MGL c. 131, § 40.

ACTIVITY

Any form of draining, dumping, dredging, damming, discharging, excavating, filling, or grading; the erection, reconstruction or expansion of any buildings or structures; the driving of pilings; the construction or improvement of roads and other ways; the changing of hydrology run-off characteristics; the intercepting or diverging of ground or surface water; the installation of any component of drainage, sewage, and water systems; the discharging of pollutants; the destruction of plant life; the cutting of trees; and any other changing of the physical characteristics of land, or the physical or chemical characteristics of water. (See also definition of "work.")

ADJOINING LAND AREAS

As used in the Bylaw, Chapter 227 of the Easton Town Code, the one-hundred-foot buffer zone and the two-hundred-foot riverfront area as those Bylaw resource areas are further defined in §§ 503-20 and 503-21, respectively, of the Easton Town Code.

[Added 6-29-2005]

AESTHETICS

A Bylaw wetland value enumerated in § 227-1 of the Easton Town Code, which is the natural scenery and appearance of any resource area subject to protection under the Bylaw that is visually accessible to the public.

AGRICULTURE and AGRICULTURE VALUES

A Bylaw wetland value enumerated in § 227-1 of the Easton Town Code, which term, including "normal maintenance or improvement of land in agricultural use," is defined in Mass. Regs. Code tit. 310, § 10.04 "Agriculture."

ALTER

To change the condition of any resource area subject to protection under the Bylaw. As defined in the Bylaw at § 227-9 of the Easton Town Code, the term "alter" shall include, without limitation, the following activities when undertaken to, upon, within, or affecting a resource area protected under the Bylaw.

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.

AREA OF CRITICAL ENVIRONMENTAL CONCERN⁷ ("ACEC")

Drainage or other disturbances of water level or water table.

(4)

Dumping, discharging or filling with any material which may degrade water quality.

(5)

Placing of fill, or removal of material, which would alter elevation.

(6)

Driving of piles, or erection or repair of buildings, or structures of any kind.

(7)

Placing of obstructions or objects in water.

(8)

Destruction of plant life, including cutting of trees.

(9)

Changing temperature, biochemical oxygen demand, or other physical, biochemical, or chemical characteristics of any water.

(10)

Any activities, changes or work which may cause or tend to contribute to pollution of any body of water or groundwater.

(11)

Application of pesticides or herbicides, provided such application is not in accordance with a Vegetation Management Plan approved by the Department of Food and Agriculture in accordance with its regulations promulgated in Mass. Regs. Code tit. 333, ch. 11.00, under the Massachusetts Pesticide Control Act, MGL c. 132B.

APPLICANT

Any person who files an application for a permit for work or request for a determination of applicability, determination of resource area delineation, or determination of significance or on whose behalf such an application or request is filed.

AQUACULTURE

A Bylaw wetland value enumerated in § 503-1 of the Easton Town Code, which term, including "normal maintenance or improvement of land in aquacultural use," is defined in Mass. Regs. Code tit. 310, § 10.04, "Aquaculture."

An area designated by the Secretary of Environmental Affairs of the Commonwealth of Massachusetts under regulations authorized by MGL c. 21A, § 2(7), and published in Mass. Regs. Code tit. 301, ch. 12.00, said designation being due to the particular environmental factors that impact upon the areas in question and which designation highlights the importance of each area so designated. In Easton, two such ACECs exist: the Canoe River Aquifer ACEC and the Hockomock Swamp ACEC, both of which are further defined below.

AREA SUBJECT TO PROTECTION UNDER THE ACT

Any area specified in the Wetlands Protection Act, MGL c. 141, § 40, and regulations promulgated under the Act's authority in Mass. Regs. Code tit. 310, § 10.02(1).

BANK

A Bylaw resource area, as defined in the Bylaw at § 227-9 of the Easton Town Code and in these regulations at § 503-16 of the Easton Town Code.

BEACH

A naturally occurring beach means an unvegetated bank as defined in § 503-16 of the Easton Town Code.

[Amended 3-5-2018]

BOG

A type of vegetated wetlands, a resource area subject to protection under the Bylaw, as listed in § 227-2 of the Easton Town Code and defined in the Wetlands Protection Act, MGL c. 131, § 40, sixth paragraph, and listed in the Act as a type of "freshwater wetlands" in the eighth paragraph. Vegetated wetlands are noted as "freshwater wetlands" under the Bylaw at § 227-2 of the Easton Town Code.

BORDERING

Touching in some manner, at any point or along any length of property boundary, and including any portion of a resource area subject to protection under the Bylaw that may be touching upon any resource area subject to protection under the Bylaw or upon other land area or waterbody, notwithstanding such land area or waterbody is not a Bylaw resource area.

BOUNDARY

The boundary of a Bylaw resource area (resource area subject to protection under the Bylaw). A description of the boundary of each Bylaw resource area is found in the applicable section of Article II of these regulations.

BUFFER ZONE

A Bylaw resource area (resource area subject to protection under the Bylaw) that is the area of land extending 100 feet horizontally outward from the boundary of the following Bylaw resource areas (resource areas subject to protection under the Bylaw): vernal pools; reservoirs, lakes, and ponds; vegetated wetlands; lands under water bodies; and lands subject to flooding. The buffer zone is further defined in § 503-20 of the Easton Town Code.

BYLAW

The Easton Wetlands Protection Bylaw, published at Chapter 227 of the Easton Town Code.

BYLAW RESOURCE AREA

Any of the areas specified in the Bylaw. The term is used synonymously with "resource area subject to protection under the Bylaw," each of which is enumerated in § 503-2A of the Easton Town Code.

BYLAW WETLAND VALUE

Those values specified in the Bylaw at § 227-1 of the Easton Town Code ("wetland values protected by this chapter") and as further listed in § 503-1B of the Easton Town Code under the authority of the Bylaw, which specifies that the list of wetland values in § 227-1 is not all inclusive.

CANOE RIVER AQUIFER AREA OF CRITICAL ENVIRONMENTAL CONCERN⁸

An area within Easton designated for special protection consideration by the Secretary of Environmental Affairs on May 18, 1991, pursuant to authority granted under MGL c. 21A, § 2(7). The map reference is dated May 1991.

CERTIFICATE OF COMPLIANCE

A written determination by the Conservation Commission that work or a portion thereof was completed in accordance with the Bylaw permit for work.

CLEAR AND CONVINCING EVIDENCE STANDARD OF PROOF

The person having the burden of proof must present full, clear, and decisive proof that is free from doubt or uncertainty. This standard of proof is applicable to overcoming the presumption that a confined basin and adjoining uplands is a vernal pool, to overcoming the presumption that a Bylaw resource area is significant to the protection of the Bylaw wetland values, and to requests for a waiver from one or more performance standards as further provided in Article III of these regulations. Where the Bylaw resource area is located in an ACEC, the waiver standards apply to an application for a permit for work.

CONDITIONS

Those requirements set forth in a written Bylaw permit for work issued by the Conservation Commission for the purpose of permitting, regulating, or prohibiting any activity that removes, fills, dredges, or alters a Bylaw resource area (resource area subject to protection under the Bylaw).

CONSERVATION COMMISSION or COMMISSION

The Easton Conservation Commission, the members of which comprise a department or body of the Town of Easton, lawfully appointed by the Board of Selectmen as authorized by MGL c. 40, § 8c.

[Amended 3-5-2018]

CREEK

The same as "stream" as that term is defined below and in § 503-15 of the Easton Town Code.

CUMULATIVE EFFECTS UPON WETLAND VALUES

The impact on the environment that results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. "Effects" include (a) direct effects, which have been caused in the past and are caused by the action and occur at the same time and place; and (b) indirect effects, which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable. Indirect effects may include growth-inducing effects and other effects related to induced changes in the pattern of land use, population density, or growth rate and related effects on air and water and other natural systems, including ecosystems.

[Amended 3-6-2006]

CUMULATIVE IMPACTS

See definition for "CUMULATIVE EFFECTS UPON WETLAND VALUES"

[Amended 8-10-2009]

DATE OF ISSUANCE

The date a Bylaw permit for work, any determination, certificate of compliance, or any enforcement notice is mailed, as evidenced by a postmark, or the date it is hand-delivered, as evidenced by a signed or initialed notation to that effect.

DATE OF RECEIPT

The date of delivery to an office, home, or usual place of business by mail or the date of hand delivery to a person, office, home, or usual place of business. In the case of an application for a permit for work, an application is not deemed submitted if it does not comply with the requirements as outlined in §§ 503-25 and 503-27 of the Easton Town Code. Upon determination by the Conservation Commission or its agent that the application is complete and in compliance with the requirements of these regulations, the Commission or its agent shall consider the application received.

DETERMINATIONS OF APPLICABILITY

DETERMINATION OF APPLICABILITYA written finding by the Conservation Commission as to whether a site or the work proposed thereon is subject to the jurisdiction of the Bylaw.

DETERMINATION OF BYLAW WETLAND RESOURCE AREA BOUNDARIESA written finding by the Commission, after a public hearing, as to the identity and boundary of a resource area subject to protection under the Bylaw (Bylaw resource area) and further defined in §§ 503-13 through 503-21 of the Easton Town Code. The identity and boundary of the Bylaw Resource area(s) confirmed in said determination will be limited to those shown on the Plan of Record or as otherwise cited in the written finding of the Commission.

EROSION AND SEDIMENTATION CONTROL

DETERMINATION OF SIGNIFICANCEA written finding by the Conservation Commission, after a public hearing, that the area on which the proposed work is to be done, or which the proposed work will alter, is significant or not significant to any of the wetland values identified in the Bylaw at § 227-1 of the Easton Town Code or in the wetland regulations at § 503-1B of the Easton Town Code ("Bylaw wetland values").

A Bylaw wetland value enumerated in § 227-1 of the Easton Town Code, which means the prevention or reduction of the detachment or movement of soil or rock fragments by water, wind, ice, and/or gravity.

EXISTING

Work or activity begun or completed before the date of the request for a determination or application for a permit for work or the condition of the property before any activity or work on the site or property.

EXTENSION BYLAW PERMIT FOR WORK

A written extension of time by a majority vote of the Conservation Commission at a public hearing within which the authorized work under a Bylaw permit for work shall be completed. The Commission shall record such extension on the appropriate form, as provided in § 503-8 of the Easton Town Code.

FEE SCHEDULE

See § 503-24 of the Easton Town Code for the applicable filing fee and permissible consultant fees.

FILL

To deposit any material so as to raise an elevation of the land or water, either temporarily or permanently.

FISHERIES

All species of fresh and saltwater fin fish and shellfish, including the nutrient sources and the habitat in which they live all or part of their life cycle. "Fisheries" and "shellfish" are wetland values enumerated in § 227-1 of the Easton Town Code.

[Amended 3-5-2018]

FLOOD CONTROL

The prevention or reduction of flooding and flood damage. Flood control is a Bylaw wetland value enumerated in § 227-1 of the Easton Town Code.

FRESHWATER WETLANDS

See definition of "vegetated wetlands."

GROUNDWATER

The water below the earth's surface in the zone of saturation. The protection of the quality and quantity of groundwater is a Bylaw wetland value enumerated in § 227-1 of the Easton Town Code.

HOCKOMOCK SWAMP AREA OF CRITICAL ENVIRONMENTAL CONCERN⁹

An area within Easton designated for special protection consideration by the Secretary of Environmental Affairs on February 10, 1990, pursuant to authority granted under MGL c. 21A, § 2(7). The map reference is dated March 6, 1990.

IMPERVIOUS

Resistant to penetration by water or plant roots.

ISSUING AUTHORITY

The Conservation Commission of the Town of Easton.

LAKE

Any open body of fresh water with a surface area of 10 acres or more.

LAND SUBJECT TO FLOODING

A Bylaw resource area (resource area subject to protection under the Bylaw), which is defined in § 503-19 of the Easton Town Code.

LAND UNDER WATER BODIES AND WATERWAYS

The bottom of or land under the surface of river, stream, reservoir, lake, or pond. Land under water bodies is a Bylaw resource area (resource area subject to protection under the Bylaw), which is further defined in § 503-18 of the Easton Town Code.

MAJORITY

More than half of the members of the Conservation Commission then in office.

MARSH

A type of vegetated wetlands, a resource area subject to protection under the Bylaw, as listed in § 227-2 of the Easton Town Code and defined in the Wetlands Protection Act, MGL c. 131, § 40, eleventh paragraph, and listed in the Act as a type of "freshwater wetlands" in the eighth paragraph; vegetated wetlands are noted as "freshwater wetlands" under the Bylaw at § 227-2 of the Easton Town Code.

MASSACHUSETTS ENVIRONMENTAL POLICY ACT ("MEPA")

MGL c. 30, §§ 62 through 62H, and the regulations promulgated pursuant thereto, published in Mass. Regs. Code tit. 301, ch. 11.00, which are also referenced as "Title I of the Massachusetts Environmental Code."

MASSACHUSETTS STORMWATER HANDBOOK

Handbook published by Massachusetts Department of Environmental Protection.

[Amended 3-5-2018]

MEAN ANNUAL FLOOD LEVEL

The average highest instantaneous peak discharge of the water year. The mean annual flood level sets the upper boundary of a bank, as that is more fully explained in § 503-16 of the Easton Town Code.

MEAN ANNUAL HIGH-WATER LINE

As defined in Mass. Regs. Code tit. 310, § 10.58(2), the mean annual high-water line is the line that is apparent from visible markings or changes in the character of soils or vegetation due to the prolonged presence of water and that distinguishes between predominantly aquatic and predominantly terrestrial land. Field indicators of bank full conditions shall be used to determine the mean annual high-water line. Bank full field indicators include, but are not limited to: changes in slope, changes in vegetation, stain lines, changes in bank materials, bank undercuts, or documented observed annual flooding.

In most rivers, the first observable break in slope is coincident with bank full conditions and the mean annual high-water line. In some river reaches, the mean annual high-water line is represented by bank full field indicators that occur above the first observable break in slope or, if no observable break in slope exists, by other bank full field indicators. These river reaches are characterized by at least two of the following features: low gradient, meanders, oxbows, histosols, a low-flow channel, or poorly defined or nonexistent banks.

MEAN ANNUAL LOW-WATER LEVEL

The mean annual high-water line sets the boundary of a vernal pool and the inner boundary of the riverfront area.

The average lowest instantaneous water discharge of the water year. The mean annual low-water level sets the lower boundary of a bank and the boundary of land under water bodies and waterways.

[Amended 8-10-2009]

NOTICE OF INTENT

The written notice filed by any person intending to remove, fill, dredge or alter an area subject to protection under the Massachusetts Wetlands Protection Act, MGL c. 131, § 40.

ORDER OF CONDITIONS

The document issued by the Conservation Commission containing conditions that regulate or prohibit an activity under the Wetlands Protection Act, MGL c. 131, § 40. Upon appeal, the Department of Environmental Protection (the "DEP") will issue a superseding order of conditions and if the superseding order is appealed, the DEP will issue a final order, which shall control the proposed work under the Act. The final order may be challenged in the Superior Court.

PARTY TO ANY PROCEEDING

The applicant; the Conservation Commission; and may include the landowner, any abutter, any person aggrieved, any 10 residents of the Town where the land is located, and any 10 persons pursuant to Massachusetts Administrative Procedures Act, MGL c. 30A, § 1OA.

PERMIT FOR WORK

The document issued by the Conservation Commission containing conditions that regulate or prohibit an activity (work) under the Bylaw.

PERSON

As defined in the Bylaw at § 227-9 of the Easton Town Code, 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 bylaws, administrative agency, public or quasi-public corporation or body, the Town of Easton, and any other legal entity and the respective legal representatives, agents, or assigns of each person or entity listed above.

PERSON AGGRIEVED

Any person who, because of an act or failure to act by the Conservation Commission, may suffer an injury in fact that is different either in kind or magnitude from that suffered by the general public and which injury is within the scope of the Bylaw wetland values. Such person must specify, in writing before the close of the public hearing, sufficient facts to allow the Conservation Commission to determine whether the person meets the criteria of being "aggrieved."

PLANS or PLAN OF RECORD

Such data, maps, engineering drawings, calculations, specifications, schedules, and other like information and materials deemed necessary by the Conservation Commission to describe the site and work to enable the Commission to determine the applicability of the Bylaw and these regulations and the Act or to determine the impact of the proposed work upon the Bylaw wetland values and the interests identified in the Act. (See § 503-25B of the Easton Town Code for a listing of the minimum information required by the Commission.) The term "plan of record" shall mean the final plan reviewed by the Conservation Commission, including any revisions, that is referenced in the permit for work, determination, or order of conditions.

[Amended 8-10-2009]

POLLUTION

Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of any material that, because of its quantity, concentration, or other characteristics, does or may result in an adverse impact to human, plant, or animal life or property or may unreasonably interfere with the comfortable enjoyment of life or property. (See also "water pollution," defined below.)

POND¹⁰

As stated in the Bylaw at § 227-9 of the Easton Town Code, the definition of a pond, a Bylaw resource area, shall follow the definition of "pond" as appearing in Mass. Regs. Code tit. 310, § 10.04, except that the size threshold of 10,000 square feet shall not apply. The Bylaw resource area of "pond" is defined in § 503-14 of the Easton Town Code.

[Amended 10-19-1992; 3-5-2018]

PREPONDERANCE OF THE CREDIBLE EVIDENCE STANDARD OF PROOF

The person having the burden of proof must show that it is more likely than not that the facts as asserted by that person are true.

PREVENTION OF WATER POLLUTION

The prevention or reduction of the contamination of surface or ground water. "Water pollution" is further defined below. The prevention of water pollution is a Bylaw wetland value enumerated in § 227-1 of the Easton Town Code.

PRIVATE WATER SUPPLY

Any source or volume of surface or ground water demonstrated to be in any private use or shown to have potential for private use. The protection of private water supply is a Bylaw wetland value enumerated in § 227-1 of the Easton Town Code.

PROTECTION OF FISHERIES

Protection of the capacity of an area subject to protection under the Bylaw to prevent or reduce contamination or damage to fish and to serve as their habitat and nutrient source. Fisheries is a Bylaw wetland value enumerated in § 227-1 of the Easton Town Code and is defined as aforesaid in this section.

PROTECTION OF HISTORIC VALUES

The protection of resource areas subject to protection under the Bylaw that are known or are determined in writing by the Conservation Commission or the Easton Historical Commission to likely contain sites of archaeological significance, including but not limited to middens, burial sites, or historic and prehistoric structures and artifacts. Historic values is a Bylaw wetland value found in § 503-1B, as authorized by § 227-1 of the Easton Town Code.

PROTECTION OF WILDLIFE

The protection of any plant or animal species listed as endangered, threatened, or of special concern or placed on the Watch List by the Massachusetts Natural Heritage Program; listed as federally endangered or federally threatened by the U.S. Fish and Wildlife Service; deemed locally threatened, in writing, by the Conservation Commission; and, further, means protection of the ability of any Bylaw resource area to provide food, breeding habitat, or escape cover; and species falling within the definition of "wildlife" set forth below. Wildlife is a Bylaw wetland value enumerated in § 227-1 of the Easton Town Code and is defined below.

PUBLIC INTEREST

Something of benefit to the health, welfare, or safety to the Easton community at large as opposed to one individual, special interest group, organization, or other entity.

PUBLIC WATER SUPPLY

Any source or volume of surface or groundwater demonstrated to be in public use or approved for a public water supply pursuant to MGL c. I II, § 160, by the Division of Water Supply of the Department of Environmental Protection or shown to have a potential for public use. Public Water Supply is a Bylaw wetland value enumerated in § 227-1 of the Easton Town Code.

RARE SPECIES

As defined in the Bylaw at § 227-9 of the Easton Town Code, rare species include, without limitation, all vertebrate and invertebrate animal and all 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.

RECREATION

The use of leisure time for personal satisfaction and enjoyment and for physical and mental health and revitalization and under the Bylaw the term connotes passive recreation activities that do not conflict with or diminish other Bylaw wetland values or the functions of resource areas subject to protection under the Bylaw. Recreation is a Bylaw wetland value enumerated in § 227-1 of the Easton Town Code.

REMOVE

To take away any type of material, thereby changing an elevation, either temporarily or permanently.

RESERVOIR

A Bylaw resource area (resource area subject to protection under the Bylaw), which is defined in § 503-14 of the Easton Town Code.

RESOURCE AREA SUBJECT TO PROTECTION UNDER THE BYLAW

Any area specified in the Bylaw at § 227-2 of the Easton Town Code and in the wetland regulations at § 503-2A of the Easton Town Code. This term is used synonymously with "Bylaw resource area," and each Bylaw resource area is defined in its respective section in Article II of these regulations.

[Amended 3-6-2006]

RIVER

A Bylaw resource area (resource area subject to protection under the Bylaw), which is defined in § 503-15 of the Easton Town Code. A river is the same as a perennial stream.

RIVERFRONT AREA

A Bylaw resource area (resource area subject to protection under the Bylaw), which is defined in § 503-21 of the Easton Town Code.

SEDIMENT

Transported and deposited particles derived from rocks, soil, or biological material. Sediment is also the layer of soil, sand, and minerals at the bottom of surface waters, such as rivers, streams, lakes, and ponds.

SHELLFISH

A Bylaw wetland value enumerated in § 227-1 of the Easton Town Code, which is defined in Mass. Regs. Code tit. 310, § 10.34(2).

SIGNIFICANT

A Bylaw resource area is significant to a Bylaw wetland value when it "plays a role" in the provision or protection of that value.

[Amended 8-10-2009]

SOLE SOURCE AQUIFER¹¹

An area designated under Section 1424(e) of the Federal Safe Drinking Water Act of 1974, 42 USC § 300f et seq. The Canoe River Aquifer is a nationally designated sole source aquifer in Region I of the Environmental Protection Agency (EPA) as published on May 13, 1993, in the Federal Register at volume 58, page 28402. The petition to designate the Canoe River Aquifer as a sole source aquifer was filed on December 10, 1992.

STORM DAMAGE PREVENTION

The prevention of damage caused by water from storms, including but not limited to: erosion and sedimentation; damage to vegetation, property, or buildings; or damage caused by flooding, waterborne debris, or waterborne ice. Storm damage prevention is a Bylaw wetland value enumerated in § 227-1 of the Easton Town Code.

[Amended 3-5-2018]

STORMWATER BEST MANAGEMENT PRACTICES

A structural or nonstructural technique for managing stormwater to prevent or reduce non-point source pollutants from entering surface waters or ground waters. A structural stormwater best management practice (BMP) includes a basin, discharge outlet, swale, rain garden, filter or other stormwater treatment practice or measure either alone or in combination including without limitation any overflow pipe, conduit, weir control structure that:

is not naturally occurring;

is not designed as a wetland replication area; and

has been designed, constructed, and installed for the purpose of conveying, collecting, storing, discharging, recharging or treating stormwater.

WATER QUALITY IN PONDS, LAKES, RESERVOIRS

Nonstructural stormwater best management practices include source control and pollution prevention measures.

STORMWATER MANAGEMENT

a system for conveying, collecting, storing, discharging, recharging or treating stormwater on-site including: stormwater best management practices (BMPs) and any pipes and outlets intended to transport and discharge stormwater to the ground water, surface water or a municipal separate storm sewer system.

STREAM

A body of running water, including those called "brooks" and "creeks," that moves in a definite channel in the ground due to hydraulic gradient. A portion of a stream may flow through a culvert or beneath a bridge. A stream is a resource area subject to protection under the Bylaw as provided in § 227-2 of the Easton Town Code.

STREAM ORDER

The measure of the relative size of a stream or river. The smallest tributaries are called "first-order" streams, while the largest river in the world, the Amazon, is a twelfth-order waterway. When two first-order streams come together, the streams form a second-order stream; when two second-order streams come together, the streams form a third-order stream; and so on. However, if a first-order stream joins a second-order stream, the streams remain a second-order stream. It is not until one stream combines with another stream of the same order that the resulting stream increases by an order of magnitude.

SWAMP

A type of vegetated wetlands, a resource area subject to protection under the Bylaw as listed in § 227-2 of the Easton Town Code, defined in the Wetlands Protection Act, MGL c. 131, § 40, ninth paragraph, and listed in the Act as a type of "freshwater wetlands" in the eighth paragraph. Vegetated wetlands are noted as "freshwater wetlands" under the Bylaw at § 227-2 of the Easton Town Code.

VEGETATED WETLANDS

The same as a "freshwater wetlands," a Bylaw resource area (resource area subject to protection under the Bylaw), which is defined in § 503-17 of the Easton Town Code.

[Amended 8-10-2009]

VERNAL POOL

A Bylaw resource area which is defined in the Bylaw at § 227-9 and further in § 503-13 of the Easton Town Code.[2]

VERNAL POOL SPECIES

Animals that depend upon the vernal pool and the upland adjacent to the vernal pool for life, including but not limited to wood frogs (Rana sylvatica), green frogs (Rana clamitans), mole salamanders (Ambystoma, spp.), four-toed salamanders (Hemidactylium scutatum), Fowler's toads (Bufo woodhoussi fowleri), American toads (Bufo americanus), spring peepers (Hyla crucifer), and grey tree frogs (Hyla versicolor).

WATER POLLUTION

Industrial and institutional waste and other harmful or objectionable material in sufficient quantities to result in a measurable degradation of the water quality.

A Bylaw wetland value enumerated in § 503-1B of the Easton Town Code, which means maintaining pollution free water in Easton's bodies of water.

[Amended 8-10-2009]

WET MEADOW

A type of vegetated wetlands, a resource area subject to protection under the Bylaw, as listed in § 227-2 of the Easton Town Code and defined in the Wetlands Protection Act, MGL c. 131, § 40, tenth paragraph, and listed in the Act as a type of "freshwater wetlands" in the eighth paragraph. Vegetated wetlands are noted as "freshwater wetlands" under the Bylaw at § 227-2 of the Easton Town Code.

WETLAND VALUE

See definition of "Bylaw wetland value" above.

WETLANDS PROTECTION ACT

The same as "Act" as that is defined above.

WILDLIFE

Any non-domesticated mammal, bird, reptile, amphibian, fish, mollusk, arthropod, or other invertebrate, other than a species of the Class Insecta (Phylum Arthropoda, Subphylum Tracheata) that has been determined by the Commonwealth of Massachusetts or any agency thereof to be a pest the protection of which under the provisions of the Bylaw would be a risk to man. Wildlife is a Bylaw wetland value listed in § 503-1 of the Easton Town Code as authorized by the Bylaw at § 227-1 of the Easton Town Code.

WILDLIFE HABITAT

A Bylaw wetland value enumerated in § 227-1 of the Easton Town Code that is defined in the Wetlands Protection Act, MGL c. 131, § 40, nineteenth paragraph, as areas "which, due to their plant community composition and structure, hydrologic regime or other characteristics, provide important food, shelter, migratory or overwintering areas, or breeding areas for wildlife."

WORK

The same as "activity" as that term is defined above.

Editor's Note: The former definition of "abuts," as amended, was repealed 10-20-2014.

Editor’s Note: A second definition of “vernal pool,” which immediately followed this definition, was repealed 3-5-2018.

§ 503-5 Computation of time periods.

All time periods of 10 days or less as specified in the Bylaw and these regulations shall be computed using business days only. Where the time is 10 days or less, such period shall commence on the first day after the date of the event, such as the issuance of a document, and shall end at the close of business on the 10th business day thereafter. All other time periods specified in the Bylaw and these regulations shall be computed on the basis of calendar days with the period commencing on the first day after the date of the event but shall end at the close of business on the last calendar day, unless the last day falls on a Saturday, Sunday, or legal holiday, in which case the last day shall be the next business day following.

§ 503-6 Actions by Conservation Commission.

Generally, by majority of quorum at public meeting. Where the Bylaw states that the Conservation Commission is to take a particular action (except receipt of a request for a determination or an application for a permit for work), that action is to be taken by more than half the members present at a meeting of at least a quorum. A quorum is defined as a majority of the members then in office.

Execution and issuance of determination, permit, notifications. Where the Bylaw states that a determination, permit for work, or notification shall be issued by the Conservation Commission, that action is to be taken by a majority of the members then in office, who need not convene as a body in order to sign said determination, permit for work, or notification, provided they met pursuant to the Open Meeting Law, MGL c. 39, §§ 23A through 23C, when voting on the matter.

Receipt of request, application, or information. Where the Bylaw states that the Conservation Commission is to receive a request, application, notice, or information, "Conservation Commission" means a member of the Conservation Commission or an individual designated by the Commission to receive such request, application, notice, or information.

§ 503-7 Determinations of applicability, resource delineation, and significance.

Requests for determination of applicability, determination of Bylaw resource delineation, and determination of significance (nonsignificance).

[Amended 8-10-2009]

Request submittal information.¹² Any person who desires a determination as to (a) whether the Bylaw applies to land, or to work that may affect a resource area subject to protection under the Bylaw, (b) confirmation of Bylaw resource area delineation; or (c) determination of significance of a Bylaw resource area to protect any Bylaw wetland values may submit to the Conservation Commission, by certified mail or hand delivery, a request for a determination on the appropriate Commission's form and other application materials in accordance with the submittal requirements set forth in the filing guidelines for request for determinations of applicability, Bylaw resource areas delineation, or Bylaw resource area significance as provided in § 503-26 of the Easton Town Code.

Information where landowner not making request for determination. If the person making any request for a determination is not the owner of the land that is subject to such request, the request shall include a certification that the owner of the land and others that may have a property interest in the area subject to the request have been notified that a determination is being requested under the Bylaw.

A Request for Determination of Applicability can be filed for the maintenance or improvement of stormwater management systems provided that: (a) the system was designed, constructed, installed, or modified on or after November 18, 1996; and (b) if the system was constructed in a wetland resource area as defined by the wetland bylaw at ECB c 227-2, the system was designed, constructed, and installed in accordance with all applicable provisions in chapter 503.

[Added 1-6-2020]

Commission action on requests for determinations of applicability (applicability, Bylaw resource delineation, and significance).

Scheduling public hearing and publication of notice.¹³

Within 21 days after the date of receipt of a request for a determination, the Conservation Commission shall hold a public hearing. The Conservation Commission considers the determination received when the proper fee and all filing requirements, as outlined in §§ 503-24, 503-25, and 503-26 of the Easton Town Code, are submitted.

[Amended 8-10-2009]

Notice of the time and place of the public hearing shall be given by the Conservation Commission, at the expense of the person making the request, not less than five business days prior to such hearing, by publishing a notice, in accordance with the requirements of the Open Meeting Law, MGL c. 39, § 23B, in a newspaper of general circulation in Easton and by mailing or hand delivering a notice to the person making the request, the landowner, the Board of Health, the Planning and Zoning Board, the Board of Appeals, the Board of Selectmen, and Building Inspector.

The person making the request shall also give notice to abutters in accordance with the Bylaw, § 227-5, Notice and hearing, Subsection A, of the Easton Town Code.

Continuing public hearing. The Commission, at its sole discretion, may continue any public hearing in accordance with the Open Meeting Law, MGL c. 39, § 23B, on any request for a determination; provided, however, that the person requesting such determination may require the Commission to close the hearing.

Decision of Commission after close of public hearing.

Determination of applicability.

The Conservation Commission shall find that the Bylaw applies to the land, or a portion thereof, if it is a resource area subject to protection under the Bylaw as listed in § 503-2A of the Easton Town Code. The Commission shall find that the Bylaw applies to the work or the portion thereof if it is an activity subject to the regulations under the Bylaw as defined in § 503-2B of the Easton Town Code and such work will alter a Bylaw resource area.

[Amended 8-10-2009]

Said determination shall be valid for a period of three years. The Commission may allow a longer term up to 5 years for agricultural activities, non-profits organizations with a mission consistent with the protection of wetland values found at § 503-1B, and multi-phase projects where construction is planned for greater 3 years. The Commission may extend the term of a valid determination for up to 3 years, if the Applicant makes a written request(s) at a Commission meeting before the term expires and demonstrates that the applicant has been diligently pursuing the completion of the project.

[Amended 1-6-2020]

[3]

Where the Conservation Commission finds that the Bylaw applies (positive determination), an application for a permit for work shall be filed and all of the procedures set forth in §§ 503-8, 503-25, and 503-27 of the Easton Town Code shall apply before any work may commence on the site.

Determination of Bylaw resource delineation - The Commission shall confirm the boundaries of the resource areas subject to protection under the Bylaw, as those boundaries may have been adjusted by the Commission based on direct observations and other information submitted during the public hearing process. The identity and boundary of the Bylaw Resource area(s) confirmed by this determination are limited to those shown on the Plan of Record or otherwise cited in the written finding of the Commission. Said boundary delineations shall be valid for a period of three years, unless new information, not available to the Commission during the hearing process, establishes that the boundaries are in error. Said new information shall include but not be limited to false or erroneous information presented by the person requesting such delineation.

Determination of significance (nonsignificance). The Conservation Commission shall make a determination that the area on which the work is proposed to be done, or which the proposed work will remove, fill, dredge, or alter, is either significant or not significant to any Bylaw wetland value, and shall so notify the applicant on the appropriate Commission's form.

§ 503-8 Bylaw permit for work; extension; certificate of compliance.

Application for Bylaw permit for work.

Application submittal information.

Any person who proposes to do work that will remove, fill, dredge, build on, or alter any resource area subject to protection under the Bylaw shall submit an application for permit on the appropriate Commission's form and other application materials in accordance with the submittal requirements set forth in the general instructions for completing applications for a Permit for Work provided in § 503-25 and 503-27 of the Easton Town Code. The Conservation Commission also requires the submission of the proper filing fee as provided in § 503-24 of the Easton Town Code.

[Amended 8-10-2009]

If only a portion of a proposed project or activity lies within a resource area subject to protection under the Bylaw and the remainder of the project or activity lies outside those Bylaw resource areas, all aspects of the project must be described in the detail as required by § 503-25 and § 503-27 of the Town Code, and any other of the general instructions provided on the appropriate Commission's forms; provided, also, that in such circumstances the application for a permit for work shall also contain a description and calculation of peak flow and estimated water quality characteristics of discharge from a point source (both closed and open channel) when the point of discharge falls within a resource area subject to protection under the Bylaw.

Issuance of Bylaw file number. Upon receipt of the application materials referred to in Subsection A above, the Conservation Commission shall issue a file number. The designation of file number shall not imply that the plans and supporting documents have been judged adequate for the issuance of a permit for work but only that copies of the minimum submittal requirements have been filed.

Public hearing.

Scheduling. A public hearing shall be held by the Conservation Commission within 21 days of receipt of the minimum submittal requirements as referenced above at § 503-8A(1) of the Easton Town Code. The public hearing shall be advertised in accordance with the Bylaw and the requirements of the Open Meeting Law, MGL c. 39, § 23B.

[Amended 8-10-2009]

Continued hearing.

The Conservation Commission may continue a public hearing as follows:

Without the consent of the applicant to a certain date announced at the hearing either for receipt of additional information offered by the applicant or others or for information required of the applicant deemed necessary by the Conservation Commission as its discretion; or

With the consent of the applicant, to an agreed upon date, which shall be announced at the hearing; or

[3]

With the consent of the applicant for a period not to exceed 21 days after the submission of specified information or the occurrence of a specified action.

The date, time and place of said continued hearing shall be publicized in accordance with the Bylaw at § 227-5 of the Easton Town Code, and written notice shall be sent to any person at the hearing who so requests such notice.

Decision of Commission after close of public hearing.

Time of decision. Within 21 days of the close of the public hearing, or any extension thereof, the Conservation Commission shall vote at a public meeting to either issue the permit for work or deny the application and, within the aforesaid 21 days, the Commission shall issue either a permit for work or a denial of permit of work, unless otherwise granted an enlargement of time by the applicant for the issuance.

Decision to approve work. Within 21 days of the close of the public hearing or any continuance thereof, the Conservation Commission may vote to approve the proposed work and issue a permit for work. In making such the decision, the Conservation Commission shall either:

Make a determination that the resource area subject to protection under the Bylaw on which the work is proposed to be done or which the proposed work will remove, fill, dredge, or alter is not significant to any of the Bylaw wetland values and shall so notify the applicant on the appropriate Commission's form titled "Notification of Non-Significance," and allow the work to go forward as proposed; or

Make a determination that the resource area subject to protection under the Bylaw on which the work is proposed to be done or which the proposed work will remove, fill, dredge, or alter is significant to one or more of the Bylaw wetland values and shall issue a Bylaw permit for work. The Commission shall condition said proposed work to protect the applicable Bylaw wetland values and shall issue the permit for work. In this permit for work, the Conservation Commission shall, at a minimum:

Impose such conditions as are necessary for the protection of the Bylaw resource areas found to be significant to one or more of the Bylaw wetland values; and

Prohibit any work or any portion thereof that cannot be conditioned to meet the standard of protection of the Bylaw wetland values; and

[3]

Impose conditions upon the work or the portion thereof that will in the judgment of the Conservation Commission result in any alteration of a resource area subject to protection under the Bylaw; and

[4]

Impose conditions setting limits of the quantity and quality of discharge from point sources (both open and closed channel) as necessary to protect the Bylaw wetland values.

Decision to deny the work. The Conservation Commission may issue a decision denying the proposed work where the Commission finds that the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the Bylaw wetland values. The denied work decision shall specify the information that is lacking and why it is necessary. The Commission cannot condition the proposed work to protect the Bylaw wetland values.

Issuance of permit for work, recording at Registry of Deeds.

Issuance of permit for work or denial of permit for work.

The permit for work shall be valid for three years from the date of its issuance. The Commission may allow a longer term up to 5 years for agricultural activities, non-profits organizations with a mission consistent with the protection of wetland values found at § 503-1B, and multi-phase projects where construction is planned for greater 3 years.

[Amended 1-6-2020]

The permit for work or denial of permit for work shall be signed by a majority of the members of the Conservation Commission and shall be mailed by certified mail or hand delivered to the applicant and his/her agent, representative, or attorney, as designated.

A copy of the plans describing the work and a copy of the permit for work or denial of permit for work shall be kept on file by the Conservation Commission and shall be available to the public at reasonable times during the normal business hours of the Conservation Commission.

Recording of permit for work. Prior to the commencement of any work permitted or required by the permit for work, the permit shall be recorded in the Bristol County North Registry of Deeds or the Land Court. Certification of recording shall be sent to the Conservation Commission on the detachable sheet at the end of permit for work. If work is undertaken without the applicant first recording the permit for work, the Conservation Commission may issue an enforcement order or may itself record the permit at the expense of the landowner/applicant.

In the case of recorded land, the permit for work shall also be noted in the Registry's Grantor Index under the name of the owner of land upon which the proposed work is to be done.

In the case of registered land, the permit for work shall also be noted on the Land Court certificate of title of the owner of the land upon which the proposed work is to be done.

Extension of permit for work.¹⁴

The Conservation Commission may extend a permit for work for up to three years. The request for an extension shall be made to the Conservation Commission at least 30 days before the expiration of the permit¹⁵ and demonstrates that the applicant has been diligently pursuing the completion of the project. As provided in the Bylaw, where the activity permitted by the permit for work cannot commence because of an appeal of the order of conditions or an order by the Superior Court enjoining activity in an appeal of a permit for work, that period while the appeal(s) is pending shall not be counted toward any initial or extension period and the Conservation Commission shall issue an appropriate extension permit for work to that effect.

[Amended 8-10-2009; 1-6-2020]

The Conservation Commission may deny the request for an extension and require the filing of a new application for a permit for the remaining work in the following circumstances:

Where no work has begun on the proposed project, except where such failure is due to an unavoidable delay, such as appeal of the order of conditions issued by the Conservation Commission under the Wetlands Protection Act and in the obtaining of other necessary permits; or

Where new information, not available at the time the Conservation Commission issued the permit for work, has become available and indicates that the permit for work is not adequate to protect the Bylaw wetland values; or

Where incomplete work is causing damage to the Bylaw wetland values; or

Where work has been done in violation of the permit for work.

If issued by the Conservation Commission, the extension permit for work shall be signed by a majority of the members of the Conservation Commission.

(4)

The extension permit for work shall be recorded in the Land Court or the Registry of Deeds, whichever is appropriate. The certificate of recording shall be sent to the Conservation Commission on the detachable sheet at the end of the extension permit for work. If work is undertaken without the applicant so recording the extension permit for work, the Conservation Commission may issue an enforcement order or may itself record the extension permit for work at the expense of the landowner/applicant.

Certificate of Compliance. Upon written request by the applicant or the then current landowner, the Conservation Commission shall issue or deny a certificate of compliance within 21 days of receipt thereof.

Request for certificate of compliance. The applicant or current landowner shall request in writing that the Conservation Commission issue a certificate of compliance.

The person making the request shall certify that the work or portions thereof described in the application for the permit for work was completed in compliance with the permit. This certification shall be on the applicable Commission's form.

If a project has been completed in accordance with plans stamped by a registered professional engineer or a land surveyor, a written statement by such a professional person certifying substantial compliance with the plans and setting forth what deviation, if any, exists from the plans approved in the permit shall accompany the request for a certificate of compliance.

Site inspection. Before the Conservation Commission may issue a certificate of compliance, the Commission or its agent(s) shall inspect the site. Said site inspection shall be made in the presence of the landowner or the landowner's agent whenever possible.

Decision of Commission.

Denial of certificate of compliance. If the Conservation Commission determines, after review and inspection of the site, that the work has not been done in compliance with the permit for work, it shall refuse to issue a certificate of compliance. The Commission shall issue such refusal within the time limitation as stated in the aforesaid Subsection F (21 days from receipt of the request) and such refusal shall be in writing and shall specify the reasons for denial.

Issuance of certificate of compliance. If the Conservation Commission determines, after review and inspection of the site, that the work has been done in substantial compliance with the permit for work, as certified by the person requesting the certificate of compliance and, where appropriate, a professional engineer or surveyor as stated above, it shall issue a certificate of compliance.

If the permit for work contains conditions that continue past the completion of the work, such as maintenance or monitoring, the certificate of compliance shall specify which, if any, of such conditions shall continue.

The certificate shall also specify to what portion of the work it applies, if it does not apply to all the work regulated by the permit for work such certificate shall be clearly titled a "Partial Certificate of Compliance."

Recording. The certificate of compliance shall be recorded in the Land Court or Registry of Deeds, whichever is appropriate. Certification of recording shall be sent to the Conservation Commission in accordance with the detachable certification at the end of the certificate of compliance. Upon failure of the applicant to so record, the Conservation Commission may do so at the expense of the landowner/applicant.

§ 503-9 Exceptions to application for permit for work.

Emergency project of commonwealth or subdivision thereof. The Conservation Commission may approve work by the Commonwealth or political subdivision thereof in emergency situations, as described below, without the need to obtain a permit for work before the work takes place.

Request. Any person requesting permission to do an emergency project shall specify why the project is necessary for the protection of the health or safety of the citizens of the Commonwealth and what agency of the Commonwealth or subdivision thereof is to perform the project or has ordered the project to be performed.

Commission review of request. The Conservation Commission or its agent shall inspect the site prior to certification.

Commission decision.

The agent, a member, or employee of the Commission may grant certification of emergency work; provided that the Commission shall ratify such decision at its next regularly scheduled meeting.

The Conservation Commission shall issue an emergency certification only for the protection of public health or safety or for the protection of any interest specified in the Bylaw.

[Amended 8-10-2009]

The certification shall include a description of the work which is to be allowed and shall not include work beyond that necessary to abate the emergency.