§ 11-38. Protection of wetlands and certain inland areas

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Bog shall mean an area of any size where at least 50 percent of the ground or water surface is covered by sphagnum moss.

Floodplain shall mean any land adjacent to the water having an elevation less than ten feet above mean tide.

Marsh shall be an area of any size, characterized by grassy vegetation (e.g., cattails, sedges and reeds), where the water table is at or near the surface.

Open land shall mean areas that are deeded to the town or set aside by the owners thereof for purposes of recreation, wildlife sanctuary, preservation of natural and historic resources, education and scientific study.

Pond shall mean an area of any size where open standing water is present at least six months a year.

River shall mean any body of water which flows at least six months of the year.

Shores shall mean land areas adjoining the ocean and which are subject to erosion from the action of its waters.

Stone wall shall be stone walls enclosing a lot of record as in existence at the date of the zoning ordinance.

Swamp shall mean an area of any size where the water table is at or near the surface and which is characterized by woody vegetation such as red maple, white cedar, and blueberry, as well as sphagnum moss and skunk cabbage.

Tidewater shall mean areas subject to inundation by seawater tide flow.

Wells shall mean penetration of land by digging, driving, or drilling to obtain fresh water.

Wetlands shall include, but not be limited to, marshes, swamps, bogs, ponds, rivers, river and stream floodplains and banks, areas subject to storm flowage, and emergent and submergent plant communities in any body of water, including rivers and streams and that area within 50 feet of the edge of any bog, marsh, swamp or pond.

(b) Controls.

(1) No alteration shall be made to land, wetland, shore or inland water areas as herein defined unless authorized by the town council and the coastal resources management council, and, where applicable, the Department of the Army Corps of Engineers.

(2) Conservation commissioners may inspect any land areas within the boundaries of the town to evaluate conformance to this section and may recommend the issuance of cease and desist orders for suspected violations.

(c) Enforcement.

(1) Enforcement of the coastal waters act is conducted through the coastal resources management council, and enforcement of the wetlands act is conducted through the state department of environmental management. The agents of that division and department will investigate, file complaints, and/or provide forms for applications for approval for alterations. In some cases, fees will be charged for applications and the cost of conducting hearings. The coastal resources management council and the department of environmental management will provide the local conservation commission with copies of all transactions and the commission shall transmit its recommendations in the matter to the town council.

(2) All alterations pertaining to tidewater areas shall also require approval permits from the Army Corps of Engineers.

(3) The zoning board of review and the building official shall forward copies of all applications received to the conservation commission for perusal and comment relative to conformance with the coastal resources management code as established by G.L. 1956, § 46-23-1.

(Rev. Ords. 1989, § 11-38)

refcharter

Zoning board of review, § 903.

refcross

Buildings and building regulations, ch. 4; health and sanitation, ch. 6; marine activities, areas and structures, ch. 9; utilities, ch. 19.