Proposed Bylaw Targeting Unnatural Water Discharge Fails After Heated Debate
Key Points
- Proposed bylaw would have fined residents for "unnatural" water diversion
- Advisory Board and residents criticized the language as too vague
- Concerns were raised about the lack of solutions for residents with flooded basements
- Voters rejected the measure, citing unintended consequences for homeowners
A proposal to penalize residents for diverting water onto neighboring properties failed at Special Town Meeting. Article 28, brought forward by the Board of Public Works, aimed to address situations where residents build berms or use sump pumps that cause flooding on adjacent lots or public streets. DPW Commissioner Diane Jordan cited a specific case where a neighbor's berm caused a huge lake
on another property, costing taxpayers $5,000 to remediate.
The Advisory Board recommended against the article, calling it subjective and vague.
Numerous residents expressed fear that the bylaw would be used against them for natural runoff or necessary sump pump use. Resident Mela Bolduc asked, What is the solution that doesn't flood my basement and also doesn't get me fined?
while others argued that water simply follows gravity. Despite DPW Superintendent Sean Patterson’s argument that it is unfair to dump water on a neighbor's property, the majority of voters felt the language was not yet fully developed.
Motion: The board of public works moves that the town vote to amend the Marshfield Town Code Division 2 general bylaws chapter 250 streets and sidewalks by adding in a new proposed article 9, other prohibited discharge of water.
Vote: Failed