NAHANT — The Conservation Commission has adopted regulations for the Wetlands Protection Bylaw voted by Town Meeting last year.
In essence, the bylaw prohibits the removal, filling, dredging, building upon, degrading, discharging into, or otherwise altering the listed resource areas (freshwater or coastal wetlands, marshes, etc.) except as authorized by the Conservation Commission. The bylaw establishes a permit application, notice and hearing, and determination procedure. It was approved by the attorney general in September 2018.
The Conservation Commission was tasked with creating its rules and regulations. The unanimous vote to accept the regulations Wednesday night was the final action to be taken. The Board of Selectmen does not have jurisdiction to vote on the regulations.
“The commission is here to help you do what you want to do to your property,” said Conservation Commission Chairwoman Kristen Kent. “We are not trying to stop people. We want you to comply with the law because, A, it’s the law, and B, it’s a safety issue for a lot of people.”
About 390 homeowners have already been subject to the state Wetlands Protection Act since the 1970s and need to file with the Conservation Commission to complete certain work on their properties. Those homes also fall under the town’s bylaw. About 70 more properties that fall in a 100-foot buffer zone on the town’s bylaw map will now also need to visit the commission.
In the past five years, the panel has not denied a single permit, said Kent.
“We’re not here to tell you what you can and can’t do with your property,” she said. “We’re here to help you do it within the law.”
If a resident does receive a denial from the board, members must clarify in a written decision whether the application was denied under the state law or the bylaw. Under the Wetlands Protection Act, a resident would appeal to Massachusetts Department of Environmental Protection. Under the bylaw, a resident would appeal to superior court.
“Both require an attorney,” said Kent.
Flood insurance is not impacted by the map included in the bylaws, which sets several properties in the buffer zone, said Kent. Federal Emergency Management Agency (FEMA) does not go town-by-town across the nation to review bylaws and change their maps. The cost of flood insurance only increases when FEMA changes its own maps, she said.
The 15-page document approved by the commission Wednesday night set standards of review for work that takes place within the resource areas and are intended to assist applicants by setting clear guidelines for the submission of applications.
Residents who now find themselves in the buffer zone questioned the motivation behind the bylaw and whether it was intended to trouble Northeastern University’s proposed expansion on East Point.
“I think some people are certainly motivated by how they feel about Northeastern,” said Kent. “The Conservation Commission is motivated by what happened in last March’s storms. It was bad. It has been getting worse and we have been seeing people getting hurt by this floodplain issue, and so it was an opportunity for us to get something that we think is good for the town.”
