By Mr. Jones of North Reading, petition (accompanied by bill, House, No. 778) 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.

The Commonwealth of Massachusetts

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PETITION OF:

Bradley H. Jones, Jr.

Mary S. Rogeness

George N. Peterson, Jr.

John A. Lepper

Viriato Manuel deMacedo

Paul K. Frost

Elizabeth A. Poirier

Robert S. Hargraves

Karyn E. Polito

Susan Williams Gifford

Richard J. Ross

Paul J. P. Loscocco

Donald F. Humason, Jr.

Todd M. Smola

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In the Year Two Thousand and Seven.

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

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    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 2004 Official Edition, is hereby amended by inserting 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.