When do I need a Conservation Commission Filing?

If your project lies within 100 feet of a Wetlands area, including ponds or swamps, or if your project lies within 200 feet of rivers and streams, even if the Wetlands are not located on your own property, filing with Conservation Commission is usually necessary. Site Inspection of areas in question are made by the Conservation Commission Agent who will inform you as soon as possible if a filing is needed.

APPLICABLE FORMS:

1. Request for Determination of Applicability (RDA).  If there is a question about the above conditions, you can either:

a) Come to talk to the Conservation Commission (typically meets twice a month) and/or 

b) File a RDA so the Conservation Commission can determine if the Wetlands Protection Act is applicable. The completed form must be brought in person during the Conservation Commission meeting.   

The RDA form can be found at the following link: 

http://www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-1.html

There is a fee for the RDA, as well as a fee to advertise the project in the newspaper as a legal notification. The fee is currently $45.

A copy of the RDA must be copied and sent to the local MA DEP Southeast Region Office at:                 20 Riverside Drive, Lakeville, MA  02347. Their phone number is (508) 946-2700.

 

2. Notice of Intent (NOI). If you know your project is within the conditions described above, a Notice of Intent (NOI) is required. The completed form must be brought in person during the Conservation Commission meeting (typically twice a month).  The NOI form can be found at the following link: 

http://www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-3.html

A copy of the NOI must be copied and sent to the local MA DEP Southeast Region Office at:                 20 Riverside Drive, Lakeville, MA  02347. Their phone number is (508) 946-2700.