§ 196A-2. Statement of Jurisdiction

Except as permitted by the Conservation Commission or as provided in this chapter, no person shall remove, fill, dredge, alter or build upon or within one hundred (100) feet of any bank, beach, dune or flat; upon or within one hundred (100) feet of any freshwater wetland, coastal wetland, marsh, wet meadow, bog, or swamp; upon or within one hundred (100) feet of any lake, pond, creek, river, stream, estuary or the ocean; upon any land under said waters; or upon or within one hundred (100) feet of any land subject to flooding or inundation by groundwater, surface water or tidal action; or upon Land Subject to Coastal Storm Flowage; or upon an Area of Critical Environmental Concern (ACEC) as defined in §160-4 herein.

Any activity proposed or undertaken outside any area specified above shall not be subject to regulation under this chapter unless, in the judgment of the Conservation Commission, said activity will result or has resulted in the removing, filling, altering or building upon any area specified.

A. Areas subject to protection under the Bylaw: Except as permitted by the Conservation Commission or as provided in this chapter, no person shall remove, fill, dredge, alter, or build upon any of the following resource areas:

(1) Bank, beach, dune, flat, freshwater wetland, marsh, bog, coastal wetland, swamp, wet meadow.

(2) Lake, pond, creek, river, stream, estuary, the ocean.

(3) Upon any land subject to flooding or inundation by tidal action, groundwater or surface water.

(4) Within one hundred (100) feet of any resource area in Subsection A(1), (2) or (3) above.

(5) Upon Land Subject to Coastal Storm Flowage.

(6) Upon an Area of Critical Environmental Concern (ACEC).

B. Activities subject to regulation under the Bylaw.

(1) Activities within the resource areas: Any activity proposed or undertaken within an area specified in OWR § 196A-2A which, in the judgment of the Commission, will constitute removing, filling, dredging or otherwise altering or building upon any resource area subject to protection under the Bylaw as set forth in § 196A-2A is subject to regulation under the Bylaw and requires notification to the Commission of the intent of such activity, the appropriate filing of documentation and permission from the Conservation Commission to proceed.

(2) Activities within the buffer zone: Any activity proposed or undertaken within one hundred feet (100’) of an area specified in OWR § 196A-2A(1), (2) or (3) (hereinafter called the buffer zone) which, in the judgment of the Commission, will alter an area subject to protection under the Bylaw is subject to regulation under the Bylaw and requires the appropriate filing of documentation and permission from the Conservation Commission to proceed.

(3) Activities outside resource area or buffer zones: Any activity proposed or undertaken outside the areas specified in § 196A-2A above shall not be subject to regulation under the Bylaw and these regulations unless, in the judgment of the Conservation Commission, said activity will result or has resulted in the removing, filling, altering or building upon an area or adversely affecting either the resource area or buffer zone specified in § 196A-2A above.