For nonresidential uses, land clearing, excavation, filling, gravel removal, or clear cutting of trees in anticipation of any use permitted or authorized by this Zoning Bylaw, Town bylaws, and regulations of the Town of Norfolk and the Planning Board, or laws of the commonwealth is prohibited prior to issuance of all required approvals, permits, variances, licenses, and authorizations. Limited clearing and excavation is permitted to obtain necessary survey and engineering data or other activities required to secure necessary permits.

Clearing, excavation, filling, gravel removal, or other clear cutting of trees prior to receiving a building permit may be performed on individual lots for single-family dwellings within an approved subdivision, on a plan endorsed by the Planning Board as not subject to approval under the Subdivision Control Law,[1] or otherwise legally in existence, but only in accordance with the provisions of the first paragraph of Subsection A. Until a building permit has been granted, clearing of the side setbacks is limited to 50 feet from the street right-of-way. The cleared area must be stabilized by loaming and seeding or other method approved by the Building Commissioner within 90 days of the completion of the clearing, excavation, filling, gravel removal, or other clear cutting of trees unless construction activity is underway or has been authorized to commence during that time.

Religious or education purposes on land owned or leased by:

Agriculture, horticulture or floriculture on parcels of more than five acres nor regulate the reconstruction or expansion of structures used for agriculture to an extent beyond that allowed by MGL c. 40A, § 3, as the same may be from time to time amended.

All outdoor facilities for the storage of fuel, refuse, materials and/or equipment shall be enclosed by a fence of solid and uniform appearance not less than six feet in height or a tight and well-maintained evergreen hedge which shall attain a height of not less than six feet, in order to conceal such uses from adjoining properties. Such facilities shall be located to the side and/or rear of the building to which they are accessory, and the enclosure shall not exceed 1,000 square feet in area except by special permit from the Planning Board.

In the B2-B4 Districts, no building or structure shall be located less than 50 feet from a residential district. In the C2, C3 and C5 Districts, no building or structure shall be located less than 150 feet from a residential district. In the B2-B4, C2, C3, and C5 Districts, no use (including parking areas, driveways, vehicle circulation areas or other vehicle accessways) shall be located less than 50 feet from a residential district.

In the B2-B4 Districts, a green belt shall be provided on any lot that abuts a residential district should any use on said lot (including any buildings, structures, driveways, parking areas, vehicle circulation areas or other vehicle accessways) be located less than 100 feet from the residential district. In the C2, C3 and C5 Districts, a green belt shall be provided on any lot that abuts a residential district.

Landscaping requirements. For each foot of frontage the lot shall contain 40 square feet of landscaping. This requirement shall not be conditioned to require landscaping of more than 20% of the lot.

To preserve and protect the lakes, ponds, streams, brooks, rills, marshes, swamps, bogs, and other water bodies and watercourses in the Town;

To protect, preserve, and maintain the water table and water recharge areas within the Town so as to preserve present and potential sources of water supply for the public health and safety;

To protect the community from the detrimental use and development of land and waters within the Watershed Protection District; and

To conserve the watershed areas of the Town of Norfolk for the health, safety, welfare, and enjoyment of its people.

The intent of the Watershed Protection District is to include lands lying adjacent to watercourses and surface water bodies which create the catchment or drainage areas of such watercourses and bodies, as part of their natural drainage system. The Watershed Protection District includes all streams, brooks, rivers, ponds, lakes, named or unnamed, and other bodies of water shown on the plan entitled "Norfolk, Massachusetts, Planimetric Survey," dated 1964, prepared by New England Survey Services, Inc., Civil and Consulting Engineers, Boston, Massachusetts (scale one inch equals 2,000 feet), prepared under the direction of the Board of Assessors and used as a base plan for the Assessors maps revised through the fiscal year 2002 and kept on file with the Norfolk Board of Assessors. These maps, which are on file in the offices of the Town Clerk and Board of Assessors, establish and depict this overlay district and include all land lying within a horizontal distance of 25 feet from the mean annual high-water line and from adjacent low, marshy areas of all brooks, streams, rivers, lakes, ponds, marshes, swamps and bogs.

All uses, dimensional requirements and other provisions of the Norfolk Zoning Bylaw applicable to the underlying districts shall remain in full force and effect, except that where the Watershed Protection Overlay District imposes greater or additional restrictions and requirements, such restrictions or requirements shall prevail.

Conservation of soils, water, plants, and wildlife;

Outdoor passive recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;

Boat docks, landings, footbridges, bicycle footpaths and/or horse paths and crossings/boardwalks, or other pedestrian access structures;

Proper operation and maintenance of existing dams, splashboards, and other water control, supply and conservation devices;

Maintenance of residential lawns, vegetation pruning;

Repair, maintenance, and reconstruction of existing structures and uses lawfully existing prior to adoption of the Watershed Protection District Bylaw hereof may be continued as permitted under the Zoning Act.[1] Existing dwellings may be expanded by special permit by the Zoning Board of Appeals, provided ground coverage within the overlay district is not increased more than 25% of the original structure coverage within the overlay district, and such expansion does not violate the requirements of the underlying zoning district;

Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, or drainage improvements for agricultural uses.

The location of landfills and the storage of salt and road deicing chemicals;

Any building, structure, land-disturbing activities, or excavation within 25 feet from the mean annual high-water line of all water bodies and courses within the Watershed Protection District except for those uses expressly provided for in Subsections C and E; excavation to create a ponding area, drainage ditches; any change in watercourses intended for swimming, fishing or other recreational, or nonagricultural uses;

The disposal of solid waste, animal manure, commercial fertilizers, liquid petroleum products or solid by-products of petroleum;

The storage and/or sale of petroleum (or any other refined petroleum product) except within the buildings which it will heat;

The dumping of snow contaminated by deicing chemicals which is brought in from outside the district;

The storage or disposal of hazardous materials, as defined by the Hazardous Waste Regulations promulgated by the Department of Environmental Protection, the Water Resources Commission, and the Division of Water Pollution Control under the provisions of MGL c. 21, § 27(8).

Relocation of watercourses for projects under the direction of a Massachusetts Contingency Plan (MCP) and with notification of the relocation of the watercourse made to the NFIP State Coordinator, Massachusetts Office of Water Resources, the NFIP Program Specialist, FEMA Region 1, and adjacent communities if the watercourse lies within the watershed of those communities;

See MGL c. 132B, § 1 (Massachusetts Pesticide Control Act), and any and all amendments thereto;

Residential construction of dwellings and appurtenant structures;

The excavation of gravel, sand, loam, or other earth material or the filling, dumping or transferring of any earth material within the district;

Any use that is neither expressly allowed under Subsection C nor expressly prohibited under Subsection D, if allowed in the underlying zoning district.

Each application for a special permit shall be filed with the Zoning Board of Appeals and shall be accompanied by the proper number of plans.

Said application and a plan shall be prepared in accordance with the data requirements of the proposed development (e.g., site plan review, erosion, sedimentation control plan, etc.).

The Zoning Board of Appeals shall refer copies of the application to the Board of Health, the Conservation Commission, the Department of Public Works, Select Board, and the Planning Board. These Boards/Departments shall review, either jointly or separately, the application and shall submit their recommendations. Failure to make recommendations within 35 days of referral of the application shall be deemed lack of opposition.

The Zoning Board of Appeals shall hold a hearing, in conformity with the provisions of MGL c. 40A, § 9, within 65 days after the proper filing of the application and after the review of the aforementioned Town Boards/Departments. The Zoning Board of Appeals shall follow the procedural requirements of MGL c. 40A regarding notice, decision, etc.

After notice and public hearing, and after due consideration of the reports and recommendations of the Planning Board, the Board of Health, the Conservation Commission, Select Board, and Director of Public Works, the Zoning Board of Appeals may grant such a special permit, provided that it finds that the proposed use:

To protect the public health, safety and welfare of the residents, institutions, and businesses of the Town of Norfolk, Massachusetts, from contamination of existing and future public groundwater and surface water resources.

To protect, preserve and maintain the aquifers and recharge areas of existing and potential groundwater supplies within the Town as sources of public water.

To conserve the natural resources of the Town.

To prevent temporary and permanent contamination of the environment.

To comply with federal and state laws, including, but not limited, to the Federal Water Pollution Control Act,[1] Safe Drinking Water Act amendments[2] and the Massachusetts Source Approval Regulations.[3]

Certain groundwater and surface water protection zones are hereby established within the Town. These zones contain aquifers and/or aquifer recharge areas and surface water areas as determined by standard geologic and hydrogeologic investigations which have included observation wells, existing boring data, geophysical techniques, pump tests, water samples and geologic maps. These zones have been modified in accordance with the provisions of Subsection D(3).

The boundaries of the Water Supply Protection District are delineated on the Zoning Map dated November 19, 2019, which is depicted and is hereby made a part of this bylaw. These boundaries reflect the best hydrologic information available as of the date of the map(s). In the event of a discrepancy between the map and the criteria that follow, the criteria shall govern.

The boundaries of the Water Supply Protection District zones have been adjusted to include wetlands and bodies of surface water surrounded by or adjacent to recharge areas and to follow property lines or street lines or identifiable physical features to facilitate locating them on the ground.

The groundwater and water supply protection zones shall include interim wellhead protection area, Zone I and Zone II.

Water Supply Protection District boundary disputes.

Permitted uses. The following uses are permitted within the Water Supply Protection District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:

Prohibited uses. The following uses are prohibited within the Water Supply Protection District except where they comply with specified regulations:

Uses and activities requiring a special permit. The following uses and activities are permitted only upon the issuance of a special permit by the special permit granting authority (SPGA) under such conditions as it may require:

The submission of all applications and/or uses within the scope of this article such as applications for building permits, package treatment plants, and septic systems shall be transmitted (within 24 hours) to the Building Commissioner for review for applicability under this bylaw.

The Building Commissioner shall review the application and shall make a finding as to applicability within 14 days of receipt. The Building Commissioner may consult with Director of Planning and Land Use for input as to the applicability of any and all applications and/or uses.

The Director of Planning and Land Use shall act as an advisor to the Building Commissioner.

The Director of Planning and Land Use shall, within 10 days of receipt of an inquiry by the Building Commissioner, submit a written recommendation to the Building Commissioner.

The Building Commissioner shall review the recommendation of the Director of Planning and Land Use and shall then render his written decision to the applicant as to the applicability of the bylaw and whether a special permit or other action is required.

The applicant shall be notified, in writing, as to the applicability of § 310-4.4 and shall proceed accordingly.

The special permit granting authority (SPGA) under this section shall be the Zoning Board of Appeals. Such special permit shall be granted if the SPGA determines that the intent of this section as well as its specific criteria are met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The SPGA shall document the basis for any departures from the recommendations of the other Town boards or agencies in its decision.

Upon receipt of the special permit application, the SPGA shall transmit one copy to the Board of Health, the Conservation Commission, Building Commissioner, Fire Chief and Select Board for their written recommendations. The SPGA shall not take final action on such special permit application until it has received written recommendations from said agencies or until said agencies have allowed 35 days to elapse after receipt of such special permit application without submission of a report thereon. No special permit shall be issued unless the special permit application has been approved by the SPGA or the statutory time limit for approval has lapsed. No special permit shall be issued until all requirements of the special permit application have been completed.

The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in Subsection E (Use regulation) of this section, and any regulations of guidelines adopted by the SPGA. The SPGA shall retain qualified experts, upon notice to and at the reasonable expense of the applicant, if necessary in order to evaluate the application. The proposed use must demonstrate that the boundaries of the premises, the groundwater quality resulting from on-site waste disposal, other on-site operations, natural recharge, and background water quality will not fall below the standards established by DEP in Drinking Water Standards of Massachusetts, as most recently revised, or for parameters where no DEP standard exists, below current EPA criteria as published in the Federal Register or, where no such criteria exist, below standards established by the Board of Health in consultation with the Select Board, and where existing groundwater quality is already below those standards, upon determination that the proposed activity will result in no further degradation.

The applicant shall file 15 copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the SPGA and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information where pertinent:

The SPGA shall hold a hearing, in conformity with the provision of MGL c. 40A, § 9, within 65 days after the filing of the application and after the review by the Town boards, departments and commissioners. Notice of the public hearing shall be given by publication and posting and by first-class mailings to "parties of interest" as defined in MGL c. 40A, § 11. The decision of the SPGA and any extension, modification, or renewal thereof shall be filed with the SPGA and Town Clerk within 90 days following the closing of the public hearing. Failure of the SPGA to act within 90 days shall be deemed as a granting of the permit. However, no work shall commence until a certification is recorded as required by said MGL c. 40A, § 11. As prescribed herein, the Zoning Board of Appeals may grant such a special permit, provided that it finds that the proposed use:

Written notice of any violations of this section shall be given by the Building Commissioner or his agent to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Building Commissioner, the Board of Health, Conservation Commission, Fire Chief and Select Board. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises. For situations that require remedial action to prevent adverse impact to the water resources within the Water Supply Protection District, the Town of Norfolk, the Building Commissioner, the Board of Health, the Fire Chief, or any of their agents may order the owner or operator of the premises to remedy the violation. If said owner and/or operator does not comply with said order, the Town of Norfolk, the Building Commissioner, the Board of Health, the Fire Chief, or any of their agents, if authorized to enter upon such premises under the terms of the special permit or otherwise, may act to remedy the violation. The remediation cost shall be the responsibility of the owner and operator of the premises.

To provide that lands in the Town of Norfolk subject to seasonal or periodic flooding as described hereinafter shall not be used for residence or other purposes in such a manner as to endanger the health or safety of the occupants thereof or any residents of the Town of Norfolk;

To protect, preserve, and maintain the water table, watershed, groundwater and water recharge areas within the Town so as to preserve present public and private water supplies for the public health and safety of the Town of Norfolk;

To assure the continuation of the natural flow pattern of the watercourses within the Town of Norfolk in order to provide adequate and safe floodwater storage capacity and to protect persons and property against the hazards of flood inundation;

To protect and preserve wetland areas, lakes, ponds, streams, rivers, brooks, marshes, meadows and bogs so as to maintain as recharge and water storage sites;

To conserve natural conditions, wildlife and open spaces for the education, recreation, and general welfare of the Town of Norfolk and/or residents of the Town of Norfolk;

To protect the Town of Norfolk from the detrimental use and development of land and waters within the Floodplain Protection District;

To ensure public safety through reducing the threats to life and personal injury;

To eliminate new hazards to emergency response officials;

To prevent the occurrence of public emergencies resulting from water quality contamination and pollution due to flooding;

To avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;

To eliminate costs associated with the response and cleanup of flooding conditions;

To reduce damage to public and private property resulting from flooding waters.

Compliance with the Massachusetts State Building Code which addresses floodplain hazard areas (currently 780 CMR), wetlands protection regulations of the Department of Environmental Protection (DEP) (currently 310 CMR 10.00), inland wetlands restriction, MGL c. 131, § 40A, and minimum requirements for the subsurface disposal of sanitary sewage (currently 310 CMR 15.00, Title 5).

Any variances from the provisions and requirements of the above-referenced state regulations may only be granted by the appropriate state or local agencies in accordance with the required variance procedures of these state regulations. In the Floodplain Protection District, further described in Subsection E herein, the following conditions shall apply:

The following uses shall be allowed within the Floodplain Protection District without requiring a special permit:

In the Floodplain Protection District, no new building or buildings or structure shall be erected or constructed, and any existing building prior to the establishment of this bylaw shall not be altered or enlarged to more than 25% of its original size, or moved.

No person shall remove, fill, dredge, or alter any lake, pond, river, stream, brook, marsh, swamp, bog, meadow or floodplain or any land within the floodplain and/or wetlands, and no ponds or pools shall be created or other changes in watercourses allowed, whether for swimming, fishing, or other recreational uses, scenic features, or drainage improvements, except as permitted in Subsection B.

No person shall transfer or relocate earth products except as permitted in Subsection B.

No septic tanks, leach fields or sewer lines shall be installed in the Floodplain Protection District.

Placement recreational vehicles.

The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing, over the signature of a community official that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Protection District.

A variance from the floodplain bylaw must meet the requirements set out by state law and may only be granted if:

The Floodplain Protection District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Norfolk designated as Zone A and AE on the Norfolk County Flood Insurance Rate Map (FIRM) dated July 8, 2025, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the district shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Land Use Department, and Building Department.

If the Town acquires data that changes the base flood elevation in the FEMA-mapped special flood hazard areas, the Town/City will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.)