Forms & Permitting

Overview

The Conservation Commission administers state and local wetlands laws and regulations. Wetland resource areas include vegetated wetlands such as marshes and swamps, waterways and waterbodies, banks, floodplain, and riverfront areas, which extend 200 feet from the bank of perennial streams that run year round. In addition there is a regulated 100-foot buffer zone around most wetland resource areas. The Comission ensures that proposed activities will not alter resource areas and the public interests they provide. Many types of work are regulated under the Wetlands Protection Act (WPA) and will require review and approval from the Con Com. Although not a complete list, work activities include; vegetation and tree removal, grading, excavations, and construction of houses, additions, decks, driveways, fences, commercial or industrial buildings. Work that involves any other land disturbing activities will also fall under the regulations of the WPA.

Application Forms

Applicants should fill out the appropriate state Wetlands Protection Act (WPA) application forms. There are no separate Town by-law forms, however projects will be evaluated under both state and local regulations, and decisions and permits will be issued under both. Application checklists for the most commonly submitted applications are included below. Please consult with Conservation staff in advance if you are unsure which application to file.

Request for Determination (RDA)

  • For small projects located outside of the Wetland Resource Area, but within the 100-foot buffer zone, you may submit a RDA with a plan, sketch, or other description of the work to be done, showing any measures you plan to take to protect nearby wetlands from alteration. Alteratively, If you are unsure whether your proposed work site is in a resource area or whether the work will alter a resource area, you can also apply for a RDA. If the project is determined to have no wetlands impact, you will be given permission to proceed as soon as a 10-day appeal period passes. If the Conservation Commission determines that the work will alter a resource area, you must file an NOI.

Notice of Intent (NOI)

  • If the project may impact wetlands, banks, dunes, lands within 200-feet of a river or perennial stream or other resource areas, you may file a formal application known as a NOI. A NOI is a formal presentation carefully prepared, usually with the assistance of a civil engineer and wetlands consultant, and showing in detail all aspects of the proposed project. The Commission will set a time for a public hearing on your project and will advertise the hearing in the local paper at your expense. Once the hearing is completed and closed, the commission must issue its decision, known as an Order of Conditions (OOC), within 21 days.

    • You may appeal an Order of Conditions issued under the Act within 10 days. Abutters, ten residents of the community, and MassDEP can also appeal within the 10-day period. It is best to consult a lawyer immediately if you are considering an appeal of a Conservation Commission decision.

  • After the project is completed, the applicant will need to file a Request for a Certificate of Compliance (COC) to close out the NOI. A COC is granted from the Conservation Commission once all the work permitted under the OOC has been satisfactorily completed. If a COC is not requested or granted, the property may be prohibited from applying for other permits.

Abbreviated Notice of Resource Area Delineation (ANRAD)

  • Rather than a NOI, you may instead file an ANRAD if you are just seeking clarification of wetland resource area boundaries. An ANRAD will usually contain a wetlands evaluation of the site by a wetland scientist and a map showing protected wetland resource areas. The Commission will hold a publicly advertised meeting to review and discuss the ANRAD and issue a decision on the extent and boundaries of the Wetland Resource Areas.

Application Checklists

Filing Fees

Other Documents