HOUSE DOCKET, NO. 1991        FILED ON: 2/16/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2129

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

James Arciero

_________________

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.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

James Arciero

2nd Middlesex

2/10/2021

Paul W. Mark

2nd Berkshire

2/26/2021


HOUSE DOCKET, NO. 1991        FILED ON: 2/16/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2129

By Mr. Arciero of Westford, a petition (accompanied by bill, House, No. 2129) of James Arciero and Paul W. Mark relative to wetlands ordinances in cities and towns.  Municipalities and Regional Government.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

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.