Tuesday, February 17, 2009

Holbrook's Wetland Bylaw

Forested Wetlands (as is much of Holbrook Town Forest) are highly valued for there contribution to clean water.
Here is a little information about the wetland bylaws, which Holbrook adopted in 1994.

http://maccweb.org/bylaws/holbrook_bylaw.doc

No person shall remove, fill, dredge, build upon, degrade, or otherwise alter resource areas protected by this by-law, or cause, suffer, or allow such activity to continue or allow such fill or other alteration to be left in place, without the required authorization pursuant to this by-law.

The term “alter” means to change the conditions of any area subject to protection by this by-law and shall include but not be limited to one or more of the following actions upon areas described in this by-law:

(a) the removal, excavation or dredging of soil, sand, gravel or aggregate material of any kind;

(b) the changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns and flood storage retention areas;

(c) the drainage, disturbance or lowering of the water level or water table;

(d) the dumping, discharging or filling with any material which could degrade the water quality;

(e) the driving of piling, erection of buildings or structures of any kind;

(f) the dumping, discharging or filling with any material which may degrade water quality;

(g) the placing of any object or obstruction whether or not it interferes with the flow of water;

(h) the destruction of plant life, including the cutting of trees;

(i) the changing of water temperature, biochemical oxygen demand and other natural characteristics of the receiving water;

(j) any activities, changes or work which pollutes any body of water or groundwater;

(k) the application of pesticides or herbicides in a freshwater wetland or within the 100’ buffer zone of the freshwater wetland.


Any person who violates any provision of this by-law, or regulations, permits, or administrative orders issued thereunder shall be punished by a fine of not more than $300, upon approval by the Board of Selectmen. Each day or portion thereof during which a violation continues, or unauthorized fill or other alteration remains in place, shall constitute a separate offense, and each provision of the by-law, constitute a separate offense.

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