HOUSE DOCKET, NO. 2443        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3121

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bradley H. Jones, Jr.

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act providing for more efficient wetlands protection by avoiding unnecessary duplication in local wetlands ordinances or bylaws.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Bradley H. Jones, Jr.

20th Middlesex

1/20/2011

Donald F. Humason, Jr.

4th Hampden

1/27/2011

F. Jay Barrows

1st Bristol

2/2/2011

George T. Ross

2nd Bristol

2/3/2011

Donald H. Wong

9th Essex

2/3/2011

Sheila C. Harrington

1st Middlesex

2/4/2011

Matthew A. Beaton

11th Worcester

2/4/2011

Kimberly N. Ferguson

1st Worcester

2/4/2011

Paul K. Frost

7th Worcester

2/4/2011

Paul Adams

17th Essex

2/4/2011

George N. Peterson, Jr.

9th Worcester

2/4/2011

Elizabeth A. Poirier

14th Bristol

1/21/2011

Viriato Manuel deMacedo

1st Plymouth

2/3/2011


HOUSE DOCKET, NO. 2443        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3121

By Mr. Jones of North Reading, a petition (accompanied by bill, House, No. 3121) of Bradley H. Jones, Jr. and others relative to the protection of wetlands under certain ordinances or by-laws in cities and towns.  Environment, Natural Resources and Agriculture.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 750 OF 2009-2010.]

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act providing for more efficient wetlands protection by avoiding unnecessary duplication in local wetlands ordinances or bylaws.

 

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 8C of chapter 40 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting at the end of thereof the following:-

A conservation commission may administer and enforce a local wetlands ordinance or by-law that is adopted by a municipality, only to the extent that it imposes standards or other requirements that are more stringent than or otherwise exceed those set forth in section 40 of chapter 131 and the department of environmental protection regulation promulgated pursuant to section 40 of chapter 131, and only if, prior to adoption by a municipality, the department of environmental protection shall review and approve any such proposed local wetlands ordinance or by-law based upon findings that the proposed ordinance or by-law has a generally recognized scientific basis, is a recommended best management practice technique, and is warranted given the unique resources that the local ordinance or by-law identifies as being in need of special or enhanced protection in that municipality.

SECTION 2. Ordinances or by-laws effective as of the date of this act shall be enforceable to the extent allowed by section 1 of this Act, provided that, within one year from the effective date of this act, the department of environmental protection makes the findings set forth in section 1 with respect to the particular ordinance or by-law and municipality in question.