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1. What if I want to do some work in a wetland or buffer zone area?

You need to determine if the proposed project is in wetlands or in a buffer zone (within 100 feet of wetlands), preferably by having the area surveyed and the wetlands areas identified. The project needs to be submitted to the Conservation Commission, either with a Request for Determination of Applicability or a Notice of Intent.

2. What is a Request for Determination of Applicability?

This is a form obtainable from the Department of Environmental Protection website which lists the proposed work and asks the Commission to determine if the Wetlands Protection Act is applicable. The Commission holds a site inspection and a public hearing, then makes a decision, issuing a Determination of Applicability form to the applicant. If the answer is negative, then the project may go ahead without further involvement by the Commission. If the decision (Determination of Applicability) is positive, then a further filing may be needed (A Notice of Intent to do Work).

Request for Determination of Applicability

3. How do I go about filing a Notice of Intent (NOI)?

The Notice of Intent application is available on the Department of Environmental Protection (DEP) website or from the engineer who may be preparing your plans and helping you file the request. Two copies must be submitted to the Commission, and one copy sent to the DEP. The DEP will issue a file number, and the Commission will schedule a public hearing on the project. The website also has a detailed list of instructions to help complete the form.

Notice of Intent

4. What happens at the public hearing?

Public hearings are required for Request for Determination of Applicability or Notice of Intent filings with the commission. The hearing needs to be advertised in the newspaper and all abutters to the project notified. The Commission members make a site inspection to familiarize themselves with the project before the hearing. The hearing allows a presentation by the applicant or the applicant’s representative; Commission members then ask questions to gather further information. Finally, any members of the public present may ask questions or make pertinent comments. Once the information is obtained, the Commission Chairman will close the hearing.

5. What happens after the public hearing?

The Commission has 21 days within which to issue a decision after the hearing is closed. Ordinarily the decision is made the night of the hearing, or within a week of the closing of the hearing. The Commission members then vote on issuing the Determination of Applicability or Notice of Intent. The secretary then prepares all the forms, notarizes them and sends the originals to the applicant, with copies to the DEP for its files. After a 10 day appeal period is fulfilled, a positive Determination or Order of Conditions allows the applicant to begin his/her project.

6. What if I just have a question about a possible wetlands issue?

There is a 15 minute public forum segment at the beginning of each Commission meeting. Members of the public are encouraged to attend and ask such questions at that time.

7. What if I can’t get to the town hall to ask my question or get information on a project?

Members of the public may call Commission members with requests for information or to ask for site inspections.

8. I’m interested in serving on the Conservation Commission-what do I do?

Anyone interested in becoming a member of the Commission should contact a current member, come to a meeting to discuss the responsibilities and duties of the Commission, and if still interested in serving, send a letter of interest to the Board of Selectmen. The Board of Selectmen make appointments to the Commission. Members serve three year terms and may be reappointed. Commission members are expected to attend meetings twice a month, go to on-site inspections as needed, and become familiar with the wetlands regulations governing the Commission’s activities.

9. How do Conservation Commission members keep up with new regulations and changes?

Commission members are members of Massachusetts Association of Conservation Commissions (MACC) and are able to attend the annual meetings to learn about new regulations and techniques supported by the DEP. There are also many workshops for Commissioners sponsored by the DEP for Commissioners, developers, engineers and other interested parties. The entire Wetlands Protection Act is available on the DEP website. It has regularly updated forms available.

Department of Environmental Protection