Areas of Practice — Luke H. Legere Law, LLC

Areas of Practice

Wetlands

We have a great deal of experience working under federal, state and local wetlands laws. We routinely represent private clients before conservation commissions for projects requiring a permit under the state Wetlands Protection Act, and local bylaws or ordinances, to alter jurisdictional wetlands – including riverfronts, banks, beaches, dunes, flats, wet meadows, vegetated wetlands and areas subject to flooding. We often serve as special municipal counsel advising and representing commissions on enforcement or contentious matters.

Waterways

We assist clients in working with the Massachusetts Department of Environmental Protection to obtain licenses under Chapter 91 for the construction and use of structures on public and private tidelands, and designated Great Ponds. Chapter 91 generally limits development to water-dependent uses, particularly in tidelands, consistent with the public trust doctrine.

Zoning and Subdivision Control Law

We help clients navigate local zoning bylaws and ordinances, as well as the state Zoning Act, to understand their land use rights and design projects that will meet their goals.

We do the same for clients with larger parcels from which they wish to create new parcels not served by public ways, and thus require approvals under local regulations developed pursuant to the state Subdivision Control Act.

Conservation and Article 97

We regularly guide private landowners, real estate developers and municipalities wishing to protect and preserve natural open space. We work harmoniously with all stakeholders, including landowners, conservation organizations and state and local government to draft and put into place effective, perpetual Conservation Restrictions to conserve land in its natural state.

We also work with private and public clients to ensure compliance with Article 97 of Amendments to the Massachusetts Constitution prior to any transfer, change in use or other disposition of public land taken or acquired for natural resource protection, recreation or other Article 97 purposes.

Enforcement and Defense

We handle all aspects of enforcement defense on behalf of industrial clients or private landowners, from nipping a problem in the bud to achieving compliance. We also assist municipalities with enforcement under state and local wetlands and health laws.

Stormwater

We help clients understand their obligations and meet their responsibilities for stormwater management at the federal, state and local levels. The federal National Pollutant Discharge Elimination System (NPDES) permit program focuses on regulating discharges of any pollutants in industrial process water from private companies to waters of the United States, as well as discharges from municipal separate storm sewer systems (MS4s) and sewage treatment plants. The Massachusetts Department of Environmental Protection regulates point sources of pollution and stormwater discharges. Cities and towns may reinforce federal and state law with stricter standards and requirements.

Solid and Hazardous Waste

We assist clients in recovering costs, and defending against claims seeking costs, under the Massachusetts Superfund Law, G.L. c. 21E. That statute, together with MassDEP’s regulations (called the MCP), establishes responsibility and imposes liability for releases of hazardous materials, oil and other petroleum products. We represent all types of potentially responsible parties, including owners, operators or others who generated, stored, transported, or disposed of oil or hazardous materials.

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