Section 3: Exceptions
383 words·~2 min read·
/ma/part-i/title-xix/chapter-131a/3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3. Any person may transport, possess, or sell, in accordance with the terms of any necessary state and federal permit, any species appearing on any of the lists prepared in accordance with section four which enters the commonwealth from another state or from a point outside the territorial limits of the United States. A person may possess or propagate all plants listed as endangered, threatened or special concern; provided, however, that the sources for such propagation or possession shall not be taken from the wild.
All nurserymen may sell all plants listed as endangered, threatened or of special concern; provided, however, that the sources for such sale shall not be taken from the wild.
The director may permit the taking, possession, purchase, sale, transportation, exportation or shipment of any species appearing on the list of endangered or threatened species or species of special concern developed by the director pursuant to section four for scientific, conservation, management or educational purposes, or for or from propagation in captivity and may permit the taking of special concern species for the purposes of falconry pursuant to regulations promulgated by the director.
The director may permit the removal, capture, or destruction of any species appearing on the list of endangered or threatened species or species of special concern developed by the director pursuant to section four to protect human health, when a public health hazard exists as certified by the department of public health.
A landowner may construct a single family house covering no more than three thousand square feet of ground and install any necessary utilities to service said house and construct in a reasonable fashion a single access driveway to the nearest public or private way on a lot having an area of at least three acres; provided, however, that the lot on which said construction takes place was owned by said landowner and in existence on January first, nineteen hundred and ninety; and provided, further, that said lot was not held in common ownership with any adjoining land as of said date.
For purposes of this paragraph, the phrase ''in existence'' shall mean a lot shown on a definitive plan that has received final approval under chapter forty-one or shown on a plan that has been endorsed under section eighty-one P of said chapter.