Amendment #833 to H4000

Special Coastal Resource Sanctuary

Mr. Costello of Newburyport moves to amend the bill by adding the following section:-

SECTION XX (a) Notwithstanding any general or special law to the contrary, there shall be established a protected area to be known as the special coastal resource sanctuary, hereinafter referred to as the “sanctuary”.  Said sanctuary shall be comprised of  a certain tract of land under water and water area forming a rectangle containing 1.99 acres, more or less, the description of which is as follows:  beginning at a point at latitude 41̊ 35’10” and longitude 70̊ 27’15” thence running southerly a distance of two hundred fifty feet (250’) to a point at latitude 41̊ 35’08” and longitude 70̊ 27’17”; thence running westerly a distance of three hundred forty-five feet (345’) to a point at latitude 41̊ 35’10” and longitude 70̊ 27’21”; thence running northerly a distance of two hundred fifty feet (250’) to a point at latitude 41̊ 35’12” and longitude 70̊ 27’19”; thence running easterly a distance of three hundred forty-five feet (345’) to the point of beginning.  Said sanctuary shall be protected in perpetuity for natural resource preservation and public water-dependent use purposes.

(b) For the  purpose of this section the term person shall mean any individual, association, partnership, corporation, company, business, organization, trust, estate, municipality, the Commonwealth or any political subdivision thereof, any administrative agency, public or quasi-public corporation or body or any other legal entity or the legal representative, agents or assignees thereof.  Notwithstanding any special or general law or state or municipal regulation to the contrary, no person shall install, place, construct, or affix, or cause to be installed, placed, constructed or affixed, any fill or any man-made structure or equipment including, without limitation, piles, rafts, floats, moorings, pipes, lines, cages, containers, gear, or any other physical device either temporarily or permanently, on, in, under or over the land or water area comprising the sanctuary.

(c) Notwithstanding any general or special law to the contrary, the provisions of this section regarding the sanctuary shall apply to any activity that has not commenced before January 1, 2014.

(d) The attorney general shall take such action as may be necessary from time to time to enforce the provisions of this section regarding the sanctuary.  Notwithstanding the foregoing, a person may also bring an action to enforce the provisions of this Act.  The superior court shall have jurisdiction in equity to enforce the provisions of this section.