SENATE DOCKET, NO. 573        FILED ON: 1/13/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 770

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to affordable housing built near wetlands..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1: Section 21 of chapter 40B of the Massachusetts General laws is hereby amended by adding the following paragraph:-

Applications to build low and moderate income housing units using a comprehensive permit shall not be exempt from local bylaws and ordinances concerning building in or the disturbance of environmentally sensitive areas including, but not limited to, bordering vegetative wetlands, watersheds, scenic rivers, marshes, wildlife sanctuaries, and vernal pools. Compliance with these local bylaws and ordinances shall not be considered an uneconomic condition. Local boards shall have the sole discretion to waive these local bylaws and ordinances.