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Swansea planning board reviews tighter conditional-use language for wetlands district
Summary
Members reviewed proposed edits to the Wetlands Conservation District conditional-use provisions, discussed requiring a realistic, economically viable alternative test and the scope of required technical reports, and asked staff to refine language with counsel.
The Swansea planning board continued work on proposed revisions to the town’s Wetlands Conservation District, focusing on criteria and submittal requirements for conditional-use permits; the board did not adopt final language and asked staff to refine the draft with legal review.
Planning staff presented a draft that lists categories eligible for conditional use — including construction of roads, pipelines and utility lines — and a set of criteria applicants must meet. The board discussed inserting language that an applicant must show “no reasonable and economically viable alternative” to a conditional use that would result in less wetland impact rather than a stricter “no feasible alternative” test.
Members also debated the appropriate technical submittals. Several board members said a wetland scientist can delineate soils and vegetation, but the planning board should require a civil engineer or other qualified professional to provide a detailed scope of work and fill/drain plans when civil work is proposed. The group agreed the state’s dredge-and-fill permitting process applies to any site work that affects wetlands and that the planning board cannot override state permitting authority.
Other procedural points the board considered included limiting required plan copies to the planning board (with copies to conservation commission), clarifying mitigation-plan criteria, and whether the planning board should retain sole discretion to deny permits that fail the criteria. No vote was taken; staff was asked to incorporate changes and to consult the town attorney on phrasing (including a “qualified professional” umbrella term) before the board’s next meeting.
