Massachusetts Wetlands Protection Act (310 CMR 10.00)
The Wetlands Act, G.L.c. 131, sec. 40, further provides: “No person shall remove, fill, dredge,
or alter any area subject to protection under this section without the required authorization or
cause, suffer or allow such activity or leave in place unauthorized fill, or otherwise fail to restore
illegally altered land to its original condition or fail to comply with an enforcement order issued
pursuant to this section. Each day such violation continues shall constitute a separate offense.”
The Wetlands Regulations, 310 CMR 10.58(1), provide Riverfront Area are likely to be
significant to protect the private or public water supply; to protect groundwater; to provide flood
control; to prevent storm damage; to prevent pollution; to protect land containing shellfish; to
protect wildlife habitat; and to protect the fisheries.
Land adjacent to rivers and streams can protect the natural integrity of these water bodies. The
presence of natural vegetation within riverfront areas is critical to sustaining rivers as
ecosystems and providing these public values. The riverfront area can prevent degradation of
water quality by filtering sediments, toxic substances (such as heavy metals), and nutrients
(such as phosphorus and nitrogen) from stormwater, non-point pollution sources, and the river
itself. Sediments are trapped by vegetation before reaching the river. Nutrients and toxic
substances may be detained in plant root systems or broken down by soil bacteria. Riverfront
areas can trap and remove disease-causing bacteria that otherwise would reach rivers and
coastal estuaries where they can contaminate shellfish beds and prohibit safe human
consumption. Natural vegetation within the riverfront area also maintains water quality for fish
and wildlife.
Under the Massachusetts Wetlands Protection Act (310 CMR 10.00):
By conducting work within an Area Subject to Protection (wetland and buffer zone)
without filing a Notice of Intent, ***** has violated the Wetlands Act, G.L.c. 131, sec.
40 and the Wetlands Regulations, 310 CMR 10.05(4).
By allowing work or conducting work that does not conform to the Order of Conditions, South
Water Construction has violated the Wetlands Act, G.L.c. 131, sec. 40 and the Wetlands
Regulations, 310 CMR 10.08(1).
By failing to comply with Condition numbers 1, 9, 12, 13, 20, and 32 of the Order of Conditions
South Water Construction has violated the Wetlands Act, G.L.c. 131, sec. 40 and the Wetlands
Regulations, 310 CMR 10.08(1).
Under the Town of Framingham Wetlands Protection By-Law (Article V, Section
18):
The Framingham Wetlands Protection By-Law, Section 18.2, states that “Except as permitted
by the Conservation Commission or as provided by this bylaw, no person shall remove, fill,
dredge, build upon, degrade, discharge into or otherwise alter Riverfront Area. By conducting
unpermitted work in the Riverfront Area, ** is in violation of the Town of Framingham Wetlands
Protection By-Law (Article V, Section 18)
Section 18.7 states “If the Commission issues a permit, conditions shall be imposed which are
deemed necessary to protect the interests and values, and all activities shall be performed in
accordance with those conditions.”
Section 18.11 states “The Conservation Commission shall have the authority to enforce this
bylaw, its regulation, and permits issued thereunder by violation notices, administrative order,
and civil and criminal court actions.”