Frequently Asked Questions
It is likely the
Conservation Agent or Director from your
town has informed you that wetlands or
other resource areas are located on your
property. The next step is to hire a
wetland scientist to determine if in
fact there area any resource areas on
your property.
How do you determine if there are any
wetlands or resource areas on my
property?
Who has to file with the local
Conservation Commission?
What is the Request for a Determination
of Applicability?
What is a Notice of Intent?
How do I know what to file?
Where can I obtain additional
information?
How do you determine if there are any
wetlands or resource areas on my
property?
To determine if any
wetlands are located on your property a
site visit must be performed.
Vegetated wetlands occur in transitional
areas between uplands and water bodies
and seldom have clear edges. The
boundary is determined for regulatory
purposes. The property is evaluated for
indicators of hydrology and these
indicators include vegetation, soils,
and the presence of water. If there are
wetlands located on your property the
wetlands will be flagged with blue
ribbon and metal tagging.
Who has to file with the local
Conservation Commission?
If the work your
proposing is located within 100 ft of a
wetland or 200 ft of a perennial stream
a filing is required with the local
Conservation Commission and Department
of Environmental Protection. There are
(2) types of filings; Request for
Determination of Applicability and a
Notice of Intent.
What is the Request for a Determination
of Applicability?
This is a filing
with the local Conservation Commission
to review the proposed work to determine
if a secondary filing or Notice of
Intent is necessary. In general a
Request for Determination of
Applicability is filed when the proposed
work is at least 50 ft from the resource
area. A Request for Determination of
Applicability is relatively simple,
inexpensive and easy to file.
What is a Notice of Intent?
A Notice of Intent is a
filing to determine if the proposed work
will alter or is likely to alter a
resource area as determined by the local
Conservation Commission. A Notice of
Intent may be filed without any
preliminary filings and the applicant
often works with professional engineers
or other consultants. This type of
filing is complex, requires detailed
plans, abutter notification,
advertisement in the local newspaper,
and has associated fees.
How
do I know what to file?
This can vary with
the town you are working in, as some
towns are more stringent than others.
Many towns have local wetland by-laws in
addition to the State Wetland Protection
Act regulations. Your best bet is
either to discuss your options with the
local Conservation Director or Agent
and/or hire a professional.
Where can I obtain additional
information?
We’ve provided a
variety of helpful links that will
provide you with forms, instructions,
and regulations. Please see the Mass
DEP link to download the applicable
forms and instructions. In addition,
there are links to aerial Orthophotos
that can be helpful in determining if
there is a wetland on your property. A
link to individual town web sites are
helpful in determining if your town has
any local by-laws. Of course, you can
always call our office for free
consultation.
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