[Amended 3-7-1964 by Art. 20; 1-19-1976 by Art. 4; 1-19-1976 by Art. 40; 6-24-1986 by Art. 39; 3-25-2000 by Art. 31; 3-31-2001 by Art. 244-1-2006 by Art. 18; 5-12-2012; 5-21-2012 by Art. 27; 5-1-2017 ATM by Art. 23; 4-30-2018 ATM by Art. 19; 5-24-2021 ATM by Art. 20]
(See 12/2/69 SS 1A; 3/7/72, Article 37; 5/5/75, Article 35)
A. 
To protect persons and property from the hazards of flood and pollution.
B. 
To protect, preserve, and maintain the water table and water recharge areas within the Town so as to preserve and protect the water supplies of the Town and adjacent towns.
C. 
To assure the continuation of the natural flow patterns of the watercourses within the Town in order to provide adequate and safe water storage and runoff capacity.
D. 
Ensure public safety through reducing the threats to life and personal injury.
E. 
Eliminate new hazards to emergency response officials.
F. 
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.
G. 
Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.
H. 
Eliminate costs associated with the response and cleanup of flooding conditions.
I. 
Reduce damage to public and private property resulting from flooding waters.
The Floodplain and Watershed Protection District is herein established as an overlayed district. The district includes all special flood hazard areas within the Town of Cohasset designated as Zone A, AE, AO, or VE on the Norfolk County Flood Insurance Rate Map (such map, hereinafter the "FIRM") issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Norfolk County FIRM that are wholly or partially within the Town of Cohasset are panel numbers 25021C0113E, and 25021C0118E dated July 17, 2012, and panel numbers 25021C0114F, 25021C0251F, 25021C0252F, 25021C0254F, 25021C0256F, and 25021C0258F dated July 6, 2021. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study (FIS) report dated July 6, 2021. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Inspector, and Select Board.
For the purpose of this bylaw the Floodplain and Watershed Protection District shall be considered as superimposed on the other districts shown on the Zoning Map and any building, structure, use, or land included within the Floodplain and Watershed Protection District shall also be deemed to be within the particular district or districts in which it is located, as shown on the Zoning Map, and shall be subject to all the restrictions and regulations of said particular district or districts in addition to those set forth in this article.
The location of the boundary lines of the Floodplain and Watershed Protection District as shown on the Floodplain and Watershed Protection Map shall be determined in the same manner as hereinbefore set forth in § 300-3.3 for determining the location of boundary lines of the districts shown on the Zoning Map.
In the Floodplain and Watershed Protection District the following uses are permitted as a matter of right:
A. 
Conservation of soil, water, plants, and wildlife (including wildlife shelters).
B. 
Proper operation and maintenance of dams and other water control devices for public water supplies, agricultural, recreational, flood control, or maintenance purposes, or for the propagation of fish or shellfish.
C. 
Outdoor recreation including, but not necessarily limited to, boating, golfing, fishing, hunting, nature study, and bicycle and horseback riding (including establishment and maintenance of paths therefor).
D. 
Fishing, shell fishing, forestry, grazing, farming, gardening, nurseries, truck gardening, and harvesting of crops including, but not limited to, such crops as cranberries, marsh hay, seaweed, sea moss, berries, fruits, and seeds.
E. 
Salt marsh ditch maintenance under governmental authority for mosquito control.
F. 
The creation, construction, alteration, enlargement, maintenance and proper use of dams, reservoirs, water control structures, remedial replacement septic systems of the same capacity as any preexisting septic systems on the same lot or parcel, water treatment storage, pumping and transmission facilities together with appropriate incidental structures, offices, and buildings and works for public water supply purposes and under the control and management of any federal, state, or municipal agency, all as may be permitted by general or special laws of the Commonwealth of Massachusetts and notwithstanding the fact that any of the same may temporarily or permanently alter the water level, the nature of flood storage capacity, and the natural flow of water within the district.
G. 
Public parks and incidental recreation use.
H. 
Soil observation tests, percolation test, and other such tests, provided site is restored to original conditions.
A. 
In a Floodplain and Watershed Protection District, no building or structure shall be constructed, used, erected, altered, or otherwise placed or moved for any purpose, and no land shall be filled, excavated, or otherwise changed in grade, except as permitted by § 300-9.5, Allowed uses, or pursuant to special permit therefor issued by the Zoning Board of Appeals as hereinafter provided.
B. 
Any application for such special permit shall be submitted to the Zoning Board of Appeals. The application, except as hereinafter provided, shall be accompanied by a plan of the premises in question, submitted in quadruplicate showing:
(1) 
The boundaries and dimensions of the lot.
(2) 
The location, dimensions, and elevations of existing and proposed structures, buildings, driveways, sewage disposal systems, and watercourses thereon;
(3) 
The existing contours of the land at one-foot intervals referred to mean sea level datum certified by a registered professional engineer or land surveyor and any proposed changes therefrom; and
(4) 
Such other information as is deemed necessary by the Zoning Board of Appeals to indicate the complete physical characteristics of the proposed construction and/or grading.
C. 
The Zoning Board of Appeals, upon written request prior to the submission of an application, may then or thereafter waive or modify the specifications for the plan which accompanies an application, provided that the plan as proposed in such request or accepted by the Board contains sufficient information to indicate the complete physical characteristics of the proposed construction and/or grading.
D. 
The Town of Cohasset requires a permit for all proposed construction or other development in the floodplain overlayed district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.
E. 
The Town of Cohasset's permit review process includes the use of a checklist of all local, state, and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlayed district. The proponent must acquire all necessary permits and must submit the completed checklist demonstrating that all necessary permits have been acquired.
In the Floodplain and Watershed Protection District the Zoning Board of Appeals may authorize by special permit, subject to such conditions as it may impose under § 300-9.9 of this article, the following uses, or structures:
A. 
Footbridges and plank walk so long as the walking surfaces do not exceed 18 inches in width.
B. 
Public sewer facilities and public solid waste disposal areas, including structures incidental to said facilities.
C. 
Temporary storage of materials and/or equipment for a period or periods not to exceed 90 days in each instance.
D. 
Dams, excavations, or changes in watercourses to create ponds, pools, or private reservoirs for agriculture, fishing, wildlife, or recreational uses, drainage improvements and flood control, not otherwise permitted as a matter of right.
E. 
Nonresidential structures incidental to any of the uses allowed under § 300-9.5 of this article, such as private boat docks; provided, however, that the same do not exceed 20 feet in height or 200 square feet in total ground coverage and that the water quality or natural drainage pattern of any watercourse is not adversely affected thereby.
F. 
The construction and maintenance of a driveway of minimum legal and practical width where alternative means of access from a public way are unavailable.
G. 
The installation and maintenance of underground utilities provided the area affected is restored substantially to its original condition; and
H. 
Any other construction, movement, or placement of a building or structure, filling, excavation, or changing in grade, provided that it is shown by affirmative evidence that:
(1) 
The proposed structure or use is not subject to damage by flooding or waves, nor is the land unsuitable for the proposed structure or use because of drainage conditions.
(2) 
If the land is subject to tidal action or adjacent to tidal waters, the proposed structure or use is not less than 10 feet above mean sea level.
(3) 
The proposed construction, use and/or change in grade will not obstruct or divert flood flow or reduce natural flood storage capacity to the extent of substantially raising the high water level in the same or adjoining districts;
(4) 
The proposed system of drainage and/or private sewage disposal will not cause pollution or otherwise endanger property or the public health; and
(5) 
The proposed use of the land does not derogate substantially from the purposes of the Floodplain and Watershed Protection District as set forth above or the purposes of this bylaw.
Within seven days after receipt of the application for a special permit under this article the Zoning Board of Appeals shall transmit copies thereof, together with copies of the accompanying plans, to the Board of Public Health, the Planning Board, and the Conservation Commission. All such boards shall investigate the application and report in writing their recommendations to the Zoning Board of Appeals. The Zoning Board of Appeals shall not take final action on such application until it has received a report thereon from the Board of Public Health, Planning Board, and the Conservation Commission or until said boards have allowed 35 days to elapse after receipt of such application without submission of a report.
In granting a special permit under this article, the Zoning Board of Appeals shall impose conditions specially designed to safeguard the property, health, and safety of occupants of the premises and of other land, and to ensure conformity with the purposes of this article and this bylaw, which may include conditions as to:
A. 
Placement of building or structure.
B. 
Type of foundation.
C. 
Elevation of floors.
D. 
Method of anchoring building to foundations.
E. 
Design of drainage system and private sewage disposal system.
F. 
Area and depth of any excavation.
G. 
Area, depth, and composition of any fill.
H. 
Occupancy of building.
I. 
Certification of performance by a registered professional engineer or land surveyor.
Where any portion of a lot lies within the Floodplain and Watershed Protection District, that portion may be used to satisfy the area and frontage requirements for the district in which the lot is situated; provided, however, that:
A. 
Areas greater than five feet in breadth which are covered by water or subject to tidal flow shall not be included to satisfy said area or frontage requirements; and
B. 
Areas covered by water in any part of a year shall not comprise more than 15% of the required lot area.
In the Floodplain and Watershed Protection District the Zoning Board of Appeals may authorize by special permit an extension, enlargement, restoration, or alteration of a nonconforming use of a building, structure, or land, provided that:
A. 
The restrictions and regulations contained in this Article 9 shall apply in addition to the provisions of §§ 300-8.6 and 300-8.8; and
B. 
The ground area coverage of any building or structure in the lot as of the effective date of this Article 9 is not increased by more than 300 square feet or 20%, whichever is greater, by any alterations or enlargements.
A. 
In any area outside of the floodplain as shown on the Floodplain and Watershed Protection Map, or within unnumbered A Zones where the 100-year flood elevation is not provided on the FIRM, the applicant for a special permit shall obtain any existing flood elevation data and it shall be reviewed by the Conservation Commission and the Building Inspector. If the data is sufficiently detailed and accurate in the opinion of the Conservation Commission and the Building Inspector, it shall be relied upon to require compliance with this bylaw and the State Building Code.
(1) 
In A Zones, in the absence of FEMA BFE data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.
B. 
The Floodplain and Watershed Protection District is established as an overlayed district to all other districts.
(1) 
All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with the following:
(a) 
Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas.
(b) 
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00).
(c) 
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00).
(d) 
Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00).
(e) 
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).
C. 
All encroachments in floodways, including fill, new construction, substantial improvements to existing structures, and other development, are prohibited unless certification by a registered professional engineer is provided by the applicant for a special permit demonstrating that such encroachment shall not result in any increase of flood levels during the occurrence of the 100-year flood.
D. 
Within the areas designated as coastal high-hazard areas (Zone V) within the Floodplain and Watershed Protection District, all new construction shall be located landward of the reach of the mean high tide.
E. 
Within Zone AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
F. 
Man-made alterations of sand dunes within Zone VE which would increase potential flood damage are prohibited.
G. 
All subdivision proposals must be designed to assure that:
(1) 
Such proposals minimize flood damage;
(2) 
All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
(3) 
Adequate drainage is provided to reduce exposure to flood hazards.
H. 
Base flood elevation data for subdivision proposals.
(1) 
When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.
I. 
In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
J. 
In a riverine situation, the Conservation Commission shall notify the following of any alteration or relocation of a watercourse:
(1) 
Adjacent communities, especially upstream and downstream.
(2) 
NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, 8th floor Boston, MA 02114.
(3) 
NFIP Program Specialist, Federal Emergency Management Agency, Region I, 99 High Street, 6th Floor, Boston, MA 02110.
The floodplain management regulations found in this Floodplain District section shall take precedence over any less restrictive conflicting Zoning Bylaw provision.
The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
If any section, provision, or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.
The Town of Cohasset hereby designates the position of Building Inspector to be the official floodplain administrator for the Town.
If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will use its best efforts, within six months, to notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:
A. 
FEMA Region I Risk Analysis Branch Chief, 99 High St., 6th floor, Boston, MA 02110.
And copy of notification to:
B. 
Massachusetts NFIP State Coordinator, MA Dept. of Conservation & Recreation, 251 Causeway Street, Boston, MA 02114.
A. 
Variances to floodplain development regulations shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud of the public, or conflict with existing local laws or ordinances.
B. 
A written justification for the variance will be maintained in the Town's/City's building permit files, delineating the technical reason for the variance, and stating that the variance is the minimum necessary (considering the flood hazard) to afford relief.
C. 
The Town/City shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.
D. 
Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.
A variance from these floodplain bylaws must meet the requirements set out by state law and may only be granted if: 1) Good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud of the public; and 3) the variance is the minimum action necessary to afford relief.
In A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.
A. 
National Flood Insurance Program (NFIP) definitions are found in Title 44 of the Code of Federal Regulations, section 59.1. The definitions below refer to their source; if the definition is from the MA building code, it is from the 9th Edition, which meets the minimum standards of the NFIP.
B. 
In order for the bylaw or ordinance to be clearly understood, it is necessary to define technical terms or key words. An understanding of these terms is a prerequisite to effective administration of the floodplain management bylaw or ordinance.
C. 
Per FEMA Region I, these additional definitions must be included in local bylaws or ordinances.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]
FLOOD BOUNDARY AND FLOODWAY MAP
An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. [US Code of Federal Regulations, Title 44, Part 59]
FLOODWAY
The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
HISTORIC STRUCTURE
Any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
[US Code of Federal Regulations, Title 44, Part 59]
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement [Referenced Standard ASCE 24-14]; provided, however, this term shall not be used to impose any requirement retroactively earlier than first publication of this zoning change in accordance with Massachusetts General Laws Chapter 40A.
RECREATIONAL VEHICLE
A vehicle which is:
(1) 
Built on a single chassis.
(2) 
Four hundred square feet or less when measured at the largest horizontal projection.
(3) 
Designed to be self-propelled or permanently towable by a light duty truck; and
(4) 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
[US Code of Federal Regulations, Title 44, Part 59]
REGULATORY FLOODWAY
See "floodway."
SPECIAL FLOOD HAZARD AREA
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]
START OF CONSTRUCTION
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
(1) 
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]
STRUCTURE
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]
SUBSTANTIAL REPAIR OF A FOUNDATION
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]
VARIANCE
A grant of relief by a community from the terms of a floodplain management regulation. [US Code of Federal Regulations, Title 44, Part 59]
VIOLATION
The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]