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HOUSE DOCKET, NO. 1670 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2104
The Commonwealth of Massachusetts
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PRESENTED BY:
David M. Rogers
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the preservation of wetlands and water resources in Chapter 40B applications.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/18/2023Vanna Howard17th Middlesex1/31/2023Patrick Joseph Kearney4th Plymouth2/16/2023 1 of 2
HOUSE DOCKET, NO. 1670 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2104
By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 2104) of
David M. Rogers, Vanna Howard and Patrick Joseph Kearney relative to municipal natural
resource protection bylaws or ordinances and the preservation of wetlands and water resources in
certain housing applications. Municipalities and Regional Government.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2198 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to the preservation of wetlands and water resources in Chapter 40B applications.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 23 of Chapter 40B of the General Laws is hereby amended by inserting after the
2last sentence in the first paragraph the following:-
3 The denial of waivers from provisions of municipal natural resource protection bylaws or
4ordinances adopted and approved pursuant to section 32 of chapter 40 and administered by a
5municipal conservation commission established under section 8C of chapter 40, and any
6regulations properly adopted thereunder, shall be presumed to be consistent with local needs,
7provided that the purpose of said provisions of such bylaws, ordinances or regulations is the
8protection and/or promotion of Waters of the Commonwealth as defined in section 26A of 2 of 2
9chapter 21 and any regulations adopted thereunder, including wetlands, surface waters and
10groundwater.