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i <br /> §40,provides for a similar state purpose: uniform and efficient public utility service.3 <br /> i <br /> A review of some of the individual cases that have discussed local wetlands by-laws <br /> provisions in contrast to the requirements of the Wetlands Protection Act helps distinguish <br /> instances when a local by-law is merely more stringent than state law from situations, such as <br /> l E' <br /> this,in which the local by-law is inconsistent with the principal purpose of a uniform state law. <br /> In Southern New England Conference of Seventh-Day Adventists v Burlington, 21 <br /> l <br /> Mass. App. Ct. 701 (1986),the court upheld the local by-law's establishment of a wetlands <br /> district that included within it land that would not be "wet"under the definitions in the Wetlands <br /> Protection Act and the regulations adopted by the then specified state agency. Southern New , <br /> England Conference also rejected a church's claim that,because it was exempt from local zoning <br /> under G.L. c. 40A, § 3, it was exempt from local wetlands regulation. However,the court <br /> contrasted the treatment of agricultural and religious uses in G.L. c. 40A, § 3, and c. 131, § 40: <br /> [These sections of both acts] dealing with the preservation of agricultural uses . . . <br /> appear to reflect a desire on the Legislature's part to strike a balance between I <br /> competing preservation policies (i.e.,those of conserving agricultural lands while <br /> preserving wetlands). These laws appear to insure minimum regulation of <br /> agricultural lands but render encroachment of these lands onto wetlands subject to <br /> State scrutiny. There is no similar exemption [in c. 131, § 40] for religious uses. <br /> Southern New England Conference, 21 Mass. App. Ct. at 707 n. 7. Utility repairs, like j <br /> agriculture, but unlike religious uses, are exempted in both G.L. c. 40A, § 3, and in c. 131, § 40. <br /> I <br /> In Lovequist v. Conservation Commission of Dennis, 379 Mass. 7 (1979), a local j <br /> wetlands by-law was argued to be inconsistent with the Wetlands Protection Act because the Act <br /> provided for appeal to a state agency,while the local by-law did not. The court did not find this J <br /> to be inconsistent with a state purpose because "a person aggrieved by a [local conservation] <br /> commission decision under the by-law is in no way deprived of rights of review." Lovequist, <br /> 379 Mass. at 16. By contrast, Mashpee's local by-law would force a utility's customers to bear <br /> the expense of an application and compliance with conditions,which are exactly that which the <br /> state law says a utility should not be required to obtain or do. i <br /> al <br /> Accordingly,because Mashpee's proposed new by-law would frustrate the purpose of the <br /> i <br /> j <br /> 3 The new Rivers Act, enacted by the Legislature as Acts 1996, c. 258, amends the <br /> Wetlands Protection Act provides new protection for"riverfront area,"which terms includes land j <br /> within 200 feet from a river. G.L. c. 131, § 40,¶ 15. "Nothing in the act shall be construed to <br /> compromise or in any way diminish the protections and exemptions provided for in [G.L. c. 131, <br /> §40] and the regulations promulgated thereunder; and provided further,that such protections and <br /> exemptions shall extend to the riverfront area as defined in this act." This language extends the <br /> Public utilities exemption to the riverfront area. <br /> 4 � ' <br />