HOUSE DOCKET, NO. 1991 FILED ON: 2/16/2021
HOUSE . . . . . . . . . . . . . . . No.
The Commonwealth of Massachusetts
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PRESENTED BY:
James Arciero
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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:
James Arciero 2nd Middlesex 2/10/2021
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HOUSE DOCKET, NO. 1991 FILED ON: 2/16/2021
HOUSE . . . . . . . . . . . . . . . No.
[Pin Slip]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Second General Court
(2021-2022)
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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:
1 SECTION 1. Section 8C of chapter 40 of the Massachusetts General Law as appearing
2 in the 2012 official edition, is hereby amended by inserting after the second paragraph the
3 following paragraph:-
4 A Conservation Commission may administer and enforce a local wetlands ordinance or
5 by-law that is adopted by a municipality, only to the extent that it imposes standards or other
6 requirements that are more stringent than or otherwise exceed those set forth in Wetlands
7 Protection Act (G.L. Ch. 131 § 40) and regulations (310 CMR 10.00) thereunder, and only if,
8 prior to adoption by a municipality, the Department of Environmental Protection shall review
9 and approve any such proposed local wetlands ordinance or by-law based upon findings that the
10 proposed ordinance or by-law has a generally recognized scientific basis, is a recommended best
11 practice technique, is necessary to protect unusual local resources that warrant special or
12 enhanced protection, and does not conflict with the Wetlands Protection Act (G.L. Ch. 131 § 40)
13 and regulations (310 CMR 10.00) thereunder. An appeal of a decision made under a local
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14 wetlands ordinance or by-law shall be made to the Department of Environmental Protection in
15 accordance with the Wetlands Protection Act (G.L. Ch. 131 § 40) and regulations (310 CMR
16 10.00) thereunder.
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