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Conservation commission issues Enforcement Order after brush-hogging up to Mill River at 182 Chestnut Plain Road

Whately Conservation Commission · June 17, 2026
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Summary

The Whately Conservation Commission voted 5-0 to issue an Enforcement Order directing the Brooks Family Irrevocable Trust to stop work within 200 feet of the Mill River, contact the Conservation Agent by June 30, attend the July 15 meeting, and submit a restoration plan by July 31 following extensive brush-hogging of the Riverfront Area.

Chair Scott Jackson told the commission that a significant violation of the Massachusetts Wetlands Protection Act had occurred at 182 Chestnut Plain Road on property owned by the Brooks Family Irrevocable Trust. Jackson described "extensive brush hogging of the Riverfront Area right up to the banks of the Mill River," noted that the altered area had lain fallow for more than five years, and said it is designated as Estimated Habitat and Priority Habitat by the Natural Heritage and Endangered Species Program and may also be a violation of the Massachusetts Endangered Species Act.

At Jackson’s direction, Conservation Agent Kelly Kowal had sent the landowner a certified letter on May 6, 2026; the letter was received but the landowner had not contacted the agent. Jackson proposed that the commission issue an Enforcement Order and the commission voted unanimously (5-0) to do so. The order requires that the landowner "immediately cease and desist from any further work within 200 feet of the Mill River unless such work is permitted by the Commission or its agent;" contact the Conservation Agent by June 30, attend the Conservation Commission's July 15, 2026 meeting to discuss the violation; and submit a restoration plan for the altered Riverfront Area no later than July 31, 2026.

The commission's action documents the formal administrative direction and establishes short deadlines for contact and a restoration plan; the commission may pursue further enforcement if those steps are not completed.