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2026 Annual Town Meeting, Town of Arlington, MA
Article: 11
Warrant Article Title:
BYLAW AMENDMENT / WETLANDS BYLAW ENFORCEMENT
Warrant Article Text:
To see if the Town will vote to amend Title IX, Article 2 of the
Town Bylaws ("Non-Criminal Disposition of Bylaws") to add the
Conservation Agent and Conservation Administrator as enforcing
persons of Title V, Article 8 of the Town Bylaws ("Wetlands
Protection"); or take any action related thereto.
Requested By:
the Conservation Commission
Report Excerpt:
Vote and comment to Town Meeting - Favorable Action (5-0).
The Town’s Environmental Planner, David Morgan presented to
the Board and explained that the proposed amendment seeks to
revise the town’s Non-Criminal Disposition bylaw (Title IX, Article
2), to add the Conservation Agent, Conservation Administrator or
any Town Police Officer as enforcing persons under Title V,
Article 8, and the Regulations, permits, and orders issued
thereunder. As confirmed by Town Counsel, the proposed Article
is a permissible grant of authority to an “enforcing person” under
G.L. c. 40, §21D. The Board unanimously voted to support this
article as it will strengthen the Town’s ability to enforce violations
of its Wetlands Protection Bylaw.
Vote Language:
That the Town does and hereby amend Title IX, Article 2 of the
Town’s Bylaws so that it reads:
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ARTICLE 2
NON-CRIMINAL DISPOSITION OF BYLAWS
(ART. 32, ATM – 05/04/92) (ART. 26, ATM – 05/01/95) (ART. 45,
ATM – 05/12/97) (ART. 13, ATM – 04/24/00) (ART. 19, ATM –
06/20/05) (ART. 19, ATM – 05/05/14)
Any provision of these bylaws may in the first instance may be
enforced by the noncriminal disposition procedure provided by the
provisions of Section 21D of Chapter 40 of the general Laws. The
enforcing person shall be any police officer of the Town.
Notwithstanding the foregoing a duly constituted agent of the
Board of Health, who shall be a Town employee, shall be
considered an enforcing person for purposes of:
Title III, Article 1, Section 22 (Rubbish Collection)
Title IV, Article 5, (Feeding of Waterfowl)
Title V, Article 2 (Junk Cars)
Title V, Article 4, (Smoking)
Title V, Article 9, (Dumpster Placement)
Title V, Article 12 (Noise Abatement)
Title VIII, Article 1, Section 6 (Cigarette Machines)
Title VIII, Article 2, Section 2 and 3 (Dogs)
Title VIII, Article 3, (Public Health)
In addition, any Animal Control Officer of the Town shall be
considered an enforcing person for purposes of Title VIII, Article
2, Sections 2 and 3.
In addition, the Inspector of Buildings or any local inspector, the
wire inspector, plumbing inspector and the Director of Fire and
Support Services or the Director’s designee shall be the enforcing
person for purposes of Title VI in their respective areas of
expertise.
