File #: 458-22    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 11/9/2022 In control: City Council
On agenda: 11/15/2022 Final action: 11/15/2022
Title: Be it ordained by the Malden City Council that the Code of the City of Malden (MCC) Title 10 Public Peace, Safety, and General Welfare is hereby amended by adding Chapter 20 Wetlands Protection
Attachments: 1. Final Paper: 458-22
Title
Be it ordained by the Malden City Council that the Code of the City of Malden (MCC) Title 10 Public Peace, Safety, and General Welfare is hereby amended by adding Chapter 20 Wetlands Protection

Body
10.20 Wetlands Protection

10.20.010 Purpose
The purpose of this Ordinance is to protect the wetlands, water resources, flood prone areas, and adjoining upland areas in the City of Malden by controlling activities deemed by the Conservation Commission likely to have a significant or cumulative effect on resource area values, including but not limited to the following: flood control, erosion and sedimentation control, storm damage prevention including coastal storm flowage, water quality, prevention and control of pollution, fisheries, shellfisheries, wildlife habitat, rare species habitat including rare plant and animal species, and recreation values), deemed important to the community (collectively, the "resource area values protected by this Ordinance").

This Ordinance is intended to utilize the Home Rule authority of this municipality so as to protect the resource areas under the Wetlands Protection Act (G.L. Ch.131 ?40; the Act) to a greater degree, to protect additional resource areas beyond the Act 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 standards and procedures stricter than those of the Act and regulations thereunder (310
CMR 10.00), subject, however, to the rights and benefits accorded to agricultural uses and structures of all kinds under the laws of the Commonwealth and other relevant ordinances of the City of Malden.

10.20.020 Jurisdiction
Except as permitted by the Conservation Commission no person shall commence to remove, fill, dredge, build upon, degrade, discharge into, or otherwise alter the City's resource areas, consisting of:

1) any isolated vegetated wetland,
2) any vernal pool,
3) an...

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