What are the different types of wetlands permitting forms and when are they used?

There are 3 wetlands permitting forms and the Conservation Department can assist in helping you to determine which form is the correct form for your project:

  1. Request for Determination of Applicability (RDA) - For small projects located entirely in the 100-foot wetlands buffer zone (but not within 200 feet of a perennial stream or river) you may submit a Request for Determination of Applicability with a plan, sketch, or other description of the work to be done including dimensions of the project and distances from the wetland and showing any measures you plan to take to protect nearby wetlands from alteration.

    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. Abutters do not need to be notified of an RDA filing. During the public hearing, the Conservation Commission will gather additional information on your project, and members of the public may also comment at this time. 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. The RDA applicant, abutters, ten residents of the community, and/or the MA DEP can appeal during the 10-day period. The Conservation Commission may impose certain conditions for the project to ensure minimum impact on the wetlands. Conversely, during the hearing, the Conservation Commission could determine whether the proposed project will impact the wetlands and may decide that you must refile under a Notice of Intent.
  2. Notice of Intent (NOI) - If the project may impact wetlands, banks, lands within 200 feet of a river or perennial stream, or other resource areas, you may file a formal application known as a Notice of Intent. An NOI is a formal presentation, usually prepared with the assistance of a civil engineer and wetlands consultant, showing in detail all aspects of the proposed project. Dated plans stamped by an engineer must be submitted with the application. Abutters are required to be notified of an NOI filing. 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. During the public hearing the Conservation Commission will gather additional information on your project and abutters and members of the public may also comment at this time. Once the hearing is completed and closed, which may take more than one hearing to achieve, the Commission must issue its decision, known as an "Order of Conditions," within 21 days.

    The Order of Conditions will contain specific conditions that must be adhered to that ensure an impact on the resource area does not occur. Some conditions may only apply while work is being done on the project such as ensuring spoils from the excavation are stored in a certain location while other conditions may be ongoing for the location such as no additional structures being built a certain distance from the wetland or resource area.

    You may appeal an Order of Conditions within 10 days of its issuance. Abutters, ten residents of the community, and/or the MA DEP can also appeal during 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 10-day appeal period, the Order of Conditions must be recorded at the Middlesex Northern District Registry of Deeds in Lowell, Massachusetts. Only after the 10-day appeal period has passed and the Order of Conditions is on record may work begin.

    Once the project is complete and any specified time period indicated in the Order of Conditions has passed, the applicant or the applicant's representative must come back before the Conservation Commission to request a Certificate of Compliance. The Conservation Commission may conduct a site visit prior to the public meeting and will review at minimum an as-built plan and a narrative of the completed project during a public meeting to determine if the project was completed as presented and in compliance with the conditions listed in the Order of Conditions. If the Conservation Commission is satisfied that the project is in compliance with the Order of Conditions, a Certificate of Compliance will be issued. The Certificate of Compliance is required to be recorded at the Middlesex Northern District Registry of Deeds in Lowell, Massachusetts to clear the Order of Conditions from the property's title. The Certificate of Compliance should be recorded as soon as possible after it is issued by the Conservation Commission. If the Certificate of Compliance is not recorded, the open Order of Conditions could cause delays to or prevent the sale, mortgaging, or refinancing of the property.
  3. Abbreviated Notice of Resource Area Delineation (ANRAD) - This form is used 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. Abutters are required to be notified of an ANRAD filing. 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 to review and discuss the ANRAD. Abutters and members of the public may also comment during the hearing. The Commission may ask for a peer review by another wetlands professional of their choice if they question the location of the resource areas. Once the hearing is closed, the Commission will issue a decision in the form of an Order of Resource Area Delineation (ORAD) on the extent and boundaries of the wetland resource areas. You may appeal an ORAD within 10 days of its issuance. Abutters, ten residents of the community, and/or the MA DEP can also appeal during the 10-day period.

Show All Answers

1. What is a wetland?
2. What is a wetland buffer zone?
3. What is the difference between an intermittent stream and perennial stream?
4. What is a vernal pool?
5. Why are wetlands protected?
6. What activities in a wetland or buffer zone require a permit?
7. What are the different types of wetlands permitting forms and when are they used?
8. I live near a mushy area where there are some ferns growing, is this a wetland?
9. I live lakeside and I’m planning a retaining wall; do I need to file with the Conservation Commission?
10. I live on a lake and I would like to put up a dock; do I need a permit?
11. I live near a brook and I’d like to put a new deck on the back of my house. Do I need to file for a permit?
12. I live near a wetland and I’d like to cut down some trees near my house; do I need to file?
13. I see a depression filled with water on my property every spring; if I wanted to complete a project in or near this location, do I need to notify the Conservation Commission?
14. I’ve hired a contractor to do some excavation on my property and it’s near a marshy area; should I contact the Conservation Commission?
15. I suspect work is being done in a wetland or buffer zone without a permit, what should I do?
16. How do I contact the Conservation Commission?
17. How do I contact the Conservation Commission?