2/17 Wetlands Protection By-Law
2/17.1 May 16, 1983 The purpose of this By-Law is to protect the wetlands of" the Town of Raynham by controlling activities deemed to have a significant effect upon wetland values, including but not limited to the following: Public or private water supply, groundwater, flood control, erosion control, storm damage prevention, water pollution, fisheries, shellfish wildlife, recreation and esthetics. No person shall remove, fill, dredge, or alter any bank, freshwater wetland, beach, flat, marsh, meadow, bog, swamp, or lands bordering on any estuary, creek, river, stream, pond or lake, or any land under said waters or any land subject to tidal action, coastal storm flowage, or flooding, other than in the course of maintaining, repairing or replacing, or replacing but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph and other telecommunication services, without filing written notice of his intention so to remove fill, dredge or alter and without rreceiving and complying with an order of conditions and provided all appeal periods have elapsed. Such notice shall be sent by certified mail to the Raynham Conservation Commission, including such plans as may be necessary to describe such proposed activity and its effect on the environment. The same notice, plans and specifications required to be filed by an applicant under Massachusetts General Laws, Chapter 131, Section 40, will be accepted as fulfilling the requirements of this By-Law. The said Commission, in its discretion, may hear any oral presentation under this By-Law at the same public hearing required to be held under the provisions of said Chapter 131, Section 40 of the Massachusetts General Laws. Definitions set forth in said Chapter and Section and in the regulations issued and as may be amended by the Department of Environmental Quality Engineering thereunder, are hereby made a part of this By-Law.
2/17.2 The term "person", as used in this By-Law, shall include any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or political sub-division thereof, administrative agency, public or quasi-public corporation or body, or any other legal entity or its legal representative, agents or assigns.
2/17.3 The Commission shall make a determination as to whether or not this By-Law applies to, a specific situation prior to the filing of a written notice of intent under the provision hereof, within twenty-one (21) days of the receipt of a written request sent by certified mail from any person desiring such determination. The Commission, its agent, officers and employees, may enter upon the land upon which proposed work is to be done in response to a request for a prior determination or for the purpose of carrying out its duties under this By-Law and may make or cause to be made such examination or survey as deemed necessary.
2/17.4 The Conservation Commission is empowered to deny permission for any removal, dredging, filling, or altering of subject lands within the Town if, in its judgment, such denial is necessary to preserve environmental quality of either or both the subject of lands and contiguous lands. Due consideration shall be given to possible effects of the proposal on all values to be protected under this By-Law and to any demonstrated hardship on the petitioner by reason of a denial, as brought forth at the public hearing.
2/17.5 The Commission may, as an alternative to a denial, impose such conditions as it deems necessary to contribute to the protection and preservation of subject lands in accordance with the purposes of this By-Law. Any Order of Conditions issued under this By-Law shall be subject to the same constraints and be identical to any such order issued by the Raynham Conservation Commission under the provisions of Massachusetts General Laws, Chapter 131, Section 40.
2/17.6 The notice required by the first paragraph of this By-Law shall not apply to emergency projects necessary for the protection of the health or safety of the citizens of Raynham and to be performed or ordered to be performed by an administrative agency of the Commonwealth or by the Town. Emergency projects shall mean any project certified to be an emergency by the Commissioner of the Mass. Department of Environmental Quality Engineering and the Conservation Commission if this By-Law and Massachusetts General Laws, Chapter 131, Section 40, are both applicable. In no case shall any removal, filling dredging or alteration authorized by such certification extended beyond such time necessary to abate the emergency.