Yarmouth commission issues enforcement order after landscaper clears wetland at 122 Thatcher Shore Road

The Yarmouth Conservation Commission on March 20 voted to issue an enforcement order for work at 122 Thatcher Shore Road after staff reported that vegetation had been removed and fill had been brought into a bordering vegetated wetland and its buffer.

Staff presented aerial and site photos showing cleared wetland vegetation, three removed trees and loam deposited to level part of the yard adjacent to a stream and marsh area. Staff reported that silt fencing and wattles were present but sediment had already crossed the erosion-control line in places. The presentation recommended an enforcement order requiring restoration of the preexisting wetland boundary, removal of unauthorized fill where practicable, seeding with a wetland seed mix, and submittal of a restoration plan prepared or overseen by a certified ecological restoration practitioner (CERP). Staff suggested seeding as soon as possible and a three-year monitoring requirement.

The property owner’s representative confirmed outreach to mitigation consultants and stated willingness to cooperate. Commissioners voted unanimously to issue the enforcement order. The commission directed staff to require the owner to: delineate the wetland boundary in the field, remove deposited fill to restore original grade where feasible, seed and plant the area using a wetland seed mix and plantings as specified in a CERP-prepared restoration plan, and provide a schedule that aims for seeding and initial plantings by June 1 if practicable. The commission also asked the owner to remove wood-chip piles placed on nearby conservation land and to coordinate a pre-construction meeting with staff before any work begins.

The enforcement order requires submittal of a restoration plan and a committed CERP on record; the commission said the CERPs may supervise or complete the work but that the commission must be notified if the CERP changes.