§ 6.5-29. Exemptions and exceptions.

The following exemptions shall apply and no application or permit is required under this article for the following activities, provided that all such work shall be in compliance with section 6.5-28(b):

(a)

The following activities are exempt in any resource area and buffer zone:

(1)

Routine mowing (including river meadows) and maintenance of lawns, gardens, and landscaped areas, in existence on the effective date of this article or which are created after such date in accordance with the terms of this article;

(2)

Work performed for normal maintenance or improvement of land in agricultural or aquacultural use as defined by the Wetlands Protection Act Regulations at 310 CMR 10.00;

(3)

Removal of dead and dying trees which are deemed to be a hazard to public safety, as confirmed by the Newburyport Department of Public Services Tree Warden or a certified arborist and documented to the commission within thirty (30) days of removal (In such instances notification shall be provided to the commission or its agent prior to such work);

(4)

Fencing around existing vegetable gardens.

(b)

The following activities in the one-hundred-foot buffer zone (which includes the twenty-five-foot no-disturb zone) or the two-hundred-foot riverfront area, provided the activity is not within any other resource area; there is no regrading; no trees greater than six (6) inches diameter breast height are removed; there is no alteration to additional resource areas; and erosion and sedimentation controls are used as needed or as determined by the commission or agent of the commission:

(1)

Maintaining and repairing existing buildings and structures provided that:

a.

The footprint remains the same;

b.

There is no additional alteration of any resource areas; and

c.

There is no heavy equipment or stockpiling within fifty (50) feet of resource areas;

(2)

Constructing, maintaining, and repairing unpaved pedestrian walkways for private use provided there is no use of fill material;

(3)

Maintaining and repairing existing stonewalls;

(4)

Maintaining and constructing new fencing provided that:

a.

It is greater than fifty (50) feet from the edge of the wetland boundary or fifty (50) feet from the mean annual high water line of a perennial stream (whichever is farther);

b.

It does not constitute a barrier to wildlife movement (i.e., the fence is greater than six (6) inches from the ground surface);

(5)

Stacking cordwood;

(6)

Conversion of lawns to uses accessory to residential structures such as decks, sheds, patios, and pools, provided the activity, including any discharge pipes, is located more than fifty (50) feet from the mean annual high-water line within the riverfront area or from bordering vegetated wetland, whichever is farther, and erosion and sediment controls are implemented during construction. The conversion of such uses, or other impervious surfaces accessory to existing single family houses to lawn or natural vegetation is also allowed (Consistent with 310 CMR 10.02 (b)(1)(e), mowing of existing lawns is not subject to jurisdiction under this article);

(7)

Activities, such as monitoring wells, exploratory borings, soil sampling, and surveying, that are temporary, have negligible impacts as determined by the commission, and are necessary for planning and design purposes;

(8)

Planting native species of trees, shrubs, or groundcover (excluding turf lawns);

(9)

Pruning of existing vistas, provided the activity is located more than fifty (50) feet from the mean annual high-water line within a riverfront area or from bordering vegetated wetland, whichever is farther.

(c)

Utilities and roads: The applications and permits required by this article shall not be required for:

(1)

Maintaining, repairing, or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public to provide electric, gas, water, telephone, telegraph, or other telecommunication services, provided that notice has been given to the commission prior to commencement of work, and provided that the work conforms to any performance standards and design specifications in regulations adopted by the commission.

(2)

Maintaining and repairing existing and lawfully located existing roads (excluding bridges and culverts) provided that:

a.

There is no increase in impervious surface;

b.

There is no additional alteration of resource areas;

c.

Written notice has been given to the conservation commission fourteen (14) days prior to commencement of work; and

d.

Erosion and sedimentation controls are used as necessary.

(d)

Stormwater management systems: The applications and permits required by this article shall not be required for maintenance of a stormwater control structure or system in existence at the time of adoption of this article or of one approved in accordance with the stormwater management standards, as provided in the Massachusetts Stormwater Policy. This exemption shall apply provided that the work to maintain the stormwater management system is limited to maintenance and that said work utilizes best practical measures to avoid and minimize impacts to wetland resource areas outslide of the footprint of the stormwater management system. Such stormwater management systems may include wetland resource areas created solely for the purpose of stormwater management and approved under an order of conditions.

(e)

Emergency projects: The applications and permits required by the ordinance shall not be required for emergency projects necessary for the protection of the health and safety of the public, provided that the work is to be performed by, or has been ordered to be performed by, an agency of the commonwealth or a political subdivision thereof (including the City of Newburyport); provided that advance notice, oral or written, has been given to the commission prior to commencement of work or within twenty-four (24) hours after commencement; provided that the commission or its agent certifies the work as an emergency project; provided that the work is performed only for the time and place certified by the commission for the limited purposes necessary to abate the emergency; and provided that within twenty-one (21) days of commencement of an emergency project a permit application shall be filed with the commission for review as provided by the ordinance. Upon failure to meet these and other applicable requirements of the commission, the commission may, after notice and a public hearing, revoke or modify an emergency project approval, order restoration and mitigation measures.

Other than what is stated in this article, the exceptions provided in the Wetlands Protection Act (M.G.L.A. c. 131 § 40) and its regulations (310 CMR 10.00) shall not apply under this article.

The conservation commission may adopt additional exemptions and exceptions within the regulations promulgated pursuant to section 6.5-35.

(Ord. of 5-15-12)