Conservation Filing Process and Application Forms

All application forms and their associated instructions are available online. The Massachusetts Department of Environmental Protection also has a host of reference guide and handbooks. Please contact the Conservation Department if you need assistance determining which type of filing is required or would like help completing them. In addition, the MassDEP provides Limited English Proficient (LEP) citizens with access to language translation.

This document may be filed if the applicant believes the proposed activities may be outside the buffer zone of the wetland resource area or will not have an impact on a wetland resource area. The applicant will ask the Commission to determine whether the proposed work is subject to the WPA. The applicant will submit a plan noting the location of the work in relation to the resource areas. A public hearing will be held within 21 days of the application. A legal notice of the hearing is required. Abutter notification is not required. The Commission will review the permit and conduct a site visit. A vote will then be taken at the public hearing. If a positive determination is made, it means that there is potential for disturbance. The applicant will then need to file a Notice of Intent permit. Alternatively, a negative determination means that the Commission decided the work will not impact the resource areas and the applicant can go forward with their project following a simple set of guidelines. These are formally outlined in a Determination of Applicability.

An ANRAD may be filed when an applicant wants the Commission to confirm the boundaries of a wetland resource area. It is reviewed by both the Commission and DEP. No project is proposed under this filing. Within 21 days of the Commission receiving the completed application, a public hearing will be scheduled. All abutters within 100’ of the property line of site will be notified. Once the delineation has been confirmed, the Commission will vote to issue an Order of Resource Area Delineation. The approved delineation is valid for three years from the date of issuance. This document will be recorded at the Registry of Deeds. 

 

The applicant can then move forward with a Notice of Intent application outlining the proposed project. If one does not agree with the Commission’s determination, the applicant, the owner, any person aggrieved by the Order, any owner of land abutting the land subject to the Order, or any ten residents of the town in which the land is located has a right to request that DEP issue a Superseding Order. When requested to issue a Superseding Order, DEP’s review is limited to the objections stated in the appeal request. The appeal must be made within ten business days from the date of issuance of the Order. If DEP decides to issue a Superseding Order, the Commission no longer controls oversight and enforcement. The Commission will continue to have a role in the filing, however, DEP has ultimate authority for its disposition.

This is the official permitting document which is reviewed by both the Commission and DEP.  An application must be filed when proposed activities have the potential to alter or disturb a wetland resource area or the land within the wetland resource area buffer zone. The applicant will submit the application, site plan, and narrative of work proposed for review. Within 21 days of receipt of the application, a public hearing will be scheduled.  All abutters within 100’ of the property line of the proposed project must also be notified. Once the Commission is satisfied that they have received all information regarding the project and its impact on the resource areas, they will vote to issue either an approval or denial of the project.  A decision must be rendered within 21 days from the close of the hearing. If approved, an Order of Conditions is issued. (Please see below for description.) If denied, the applicant can choose to appeal through DEP.  The appeals process follows the same guidelines as outlined in the above ANRAD filing.

This is a simplified option with fewer filing requirements. It is designed for projects which are likely to result in limited impacts to a wetland resource area. Please review applicable requirements before filing this modified option. This option requires the same public hearing, abutter notification, and filing and review timelines as the NOI. The decision may be appealed through DEP by following the same guidelines as outlined in the above ANRAD filing.

This is the permit decision generated from the NOI and ANOI. The OOC contains the findings of the hearing process indicating acceptance or denial of the project. It is valid for three years from the date of issuance. If the project has been accepted, the OOC defines the conditions under which the project is to be conducted. If the project has been denied, the Commission has determined that the work cannot be conditioned to meet the performance standards set forth in the WPA. Work is not allowed to go forward unless and until a new NOI or ANOI is submitted, which provides measures adequate to protect the interests of the WPA. The appeal process is the same as listed under the ANRAD process. In this case, DEP would be asked to issue a Superseding Order of Conditions (SOOC). If DEP decides to issue a SOOC, the Commission no longer controls enforcement. The Commission will continue to have a role in the filing, however, DEP has ultimate authority for its disposition.

This is the official closeout of a wetland permit – NOI and ANOI. The applicant must request a COC following completion of a project. Once all conditions of the OOC have been satisfied, a site visit will be made by the Conservation Agent to confirm compliance. The COC is then presented to the Commission at a public hearing. The Commission will vote to approve or deny the request. If denied, the Commission will provide the applicant with a list of deviations that need to be addressed prior to issuance. 

This is the enforcement tool used by Conservation Commissions to ensure: