§ 6.5-26. Purpose and authority.

Wetland resource areas and the land immediately adjacent to them contribute to a number of public values and interests and are therefore protected by the ordinance. The purpose of the City of Newburyport Wetlands Protection Ordinance (the ordinance) is to protect the wetlands, water resources, floodprone areas, and adjoining upland areas (i.e., Buffer Zones) in the City of Newburyport by controlling activities deemed by the Newburyport Conservation Commission (the commission) likely to have a significant or cumulative adverse effect on resource area values deemed important to the community. These include, but are not limited to the following:

(a)

Protection of public or private water supply;

(b)

Protection of groundwater supply;

(c)

Flood control;

(d)

Storm damage prevention including coastal storm flowage;

(e)

Prevention and control of pollution;

(f)

Protection of land containing shellfish;

(g)

Protection of fisheries;

(h)

Protection of wildlife and wildlife habitat;

(i)

Protection of water quality;

(j)

Erosion and sedimentation control;

(k)

Protection of rare species habitat including rare plant and animal species;

(l)

Protection of agriculture;

(m)

Protection of aquaculture;

(n)

Recreation and educational values;

(o)

Adaptation to climate change.

Collectively these are the resource area values and interests protected by the ordinance.

The ordinance is intended to utilize the Home Rule authority of this municipality so as to protect the resource areas under the Wetlands Protection Act (M.G.L.A. c. 131 § 40) to a greater degree, to protect additional resource areas beyond the act which are recognized by the city as significant, to protect all resource areas for their additional values beyond those recognized in the act, and to impose in local regulations and permits additional performance standards stricter than those of the Act and its regulations (310 CMR 10.00).

The portions of this article (and its regulations) requiring the payment of consultant fees are promulgated under the concurrent authority of M.G.L.A. c. 44 § 53G.

This article shall not be applicable to projects for which a determination of applicability, order of conditions, notice of resource area delineation or other permit under the Massachusetts Wetlands Protection Act has been issued and is valid at the time of adoption.

(Ord. of 5-15-12)