ELR Citation: ELR 20095
No(s). 7395 (Mass. Dec 30, 1970)

State law regulating the removal, filling and dredging of marshes, swamps, meadows, banks and flats bordering on coastal areas does not preempt local zoning bylaw which also protects town's coastal area. State agency, pursuant to state law, had approved plaintiff's plan to dredge a tidal marsh on his property for a 24-foot-wide channel and for a two-boat dock. Town board of selectmen, pursuant to local zoning bylaws, subsequently denied plaintiff's request for permit. State law gives state final authority only in some instances; its enactment did not repeal all local laws on same subject.

Counsel for Amicus Curiae Conservation Law Foundation:
Hemenway and Barnes
73 Tremont Street
Boston, MA 02109
(617) 227-7940

Counsel for Defendant:
Robert H. Clayton
79 Milk Street
Boston, MA 02109
(617) 592-6262