HOUSE DOCKET, NO. 2736 FILED ON: 1/16/2015
HOUSE . . . . . . . . . . . . . . . No. 665
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The Commonwealth of Massachusetts
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PRESENTED BY:
Robert F. Fennell
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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.
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PETITION OF:
Name: | District/Address: | Date Added: |
Robert F. Fennell | 10th Essex | 1/16/2015 |
HOUSE DOCKET, NO. 2736 FILED ON: 1/16/2015
HOUSE . . . . . . . . . . . . . . . No. 665
By Mr. Fennell of Lynn, a petition (accompanied by bill, House, No. 665) of Robert F. Fennell relative to providing more efficient wetlands. Environment, Natural Resources and Agriculture. |
The Commonwealth of Massachusetts
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In the One Hundred and Eighty-Ninth General Court
(2015-2016)
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An Act providing for more efficient 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 8C of chapter 40 of the Massachusetts General Law as appearing in the 2012 official edition, is hereby amended by inserting after the second paragraph the following paragraph:-
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 Wetlands Protection Act (G.L. Ch. 131 § 40) and regulations (310 CMR 10.00) thereunder, 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 practice technique, is necessary to protect unusual local resources that warrant special or enhanced protection, and does not conflict with the Wetlands Protection Act (G.L. Ch. 131 § 40) and regulations (310 CMR 10.00) thereunder. An appeal of a decision made under a local wetlands ordinance or by-law shall be made to the Department of Environmental Protection in accordance with the Wetlands Protection Act (G.L. Ch. 131 § 40) and regulations (310 CMR 10.00) thereunder.