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Draft 1 - March 16, 1995 <br /> (14) Normal improvement of land in agricultural use shall mean the same as in 3 10 <br /> CMR 10.04, but shall NOT include any work altering a freshwater wetland <br /> unless such work is within a cranberry bog qualifying as land in agricultural <br /> use. <br /> or take any other action relating thereto. <br /> Submitted by the Conservation Commission <br /> Explanation.* Since the original version of the "agricultural exemption" was <br /> written into Mashpee's Bylaw, State wetland regulations have been weakened to <br /> allow activities damaging to wetlands interests, with actual damage being done to the <br /> Santuit River in terms of trout habitat. These new definitions, along with another <br /> article, are designed to bring alterations to waterways, ponds, streams, rivers, and <br /> wetlands back under the review of the Conservation Commission. <br /> Article 44. 0 <br /> To see if the Town w vote to amend Section 3. . of Chapter 172 of the Mashpee <br /> Code to read: <br /> The permit and ap 'cation required by is Chapter shall not be required for <br /> work performed on "land ' agricultural us ' (as defined in Section 9 of Chapter <br /> 172),provided that said wo -conforms to e definition of "normal maintenance of <br /> land in agricultural use" and "normal imp vement of land in agricultural use" (as <br /> defined in Section 9 of Chapter 72) and snot include altering Waterways and/or <br /> Great Ponds, as defined in 31 CMR .02 and 9.04; Anadromous/Catadromous <br /> Fish Runs (or bank[s] thereof s de ned in 310 CMR 10.35(2)(c); Rivers, as <br /> defined in 310 CMR 10,041) and re water wetlands (as defined in 310 CMR <br /> 10.04), unless said Waterways, Gre Ponds, Andaromous/Catadromous Fish Runs <br /> (or banks thereof), Rivers or fre ater wetlands (or portions thereof where <br /> alterations are proposed/done) lie tine with the area of "Land in Production" (as <br /> defined on p, 2-3 of "Farming in etlan Resource Areas- A Guide to Agriculture <br /> and the Massachusetts Wetlands rotection ct", as published in January 1994.) <br /> Any alterations/work not qualifying a cited above requires a permit under the <br /> provisions of Chapter 172, proval of said Iterations/work is contingent upon a <br /> fulding by the Commission ( ursuant to Section 7 and 12 of Chapter 172) that: <br /> 1• the benefit to the etland value of"agri Iture" is significant; and <br /> 2. there will be no ificant, detrimental e ects (including <br /> cumulative effe ts) upon the other wetland slues of Chapter 172. <br /> In permitting a y work/alterations as des ribed in this Section, the <br /> Page 2 0 <br />