What is the Wetland Protection Act? |
The Massachusetts Wetland Protection Act is Massachusetts General Law Chapter 131 Section 40. This law requires that anyone within 100 feet of a wetland resource area or within 200 feet of a perrenial stream MUST come forward to the local Conservation Commission for a public hearing or meeting to condition work within those areas. Local building permits DO NOT allow you to work within these areas. Only the Conservation Commission or DEP can allow work within these areas.
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How do I determine if I need to file? |
The best way is to contact your local Conservation Commission. Information is listed in the contacts page of this web site.
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What is a Determination of Applicability? |
A ruling made by the Commission determining the need of the person to file for a Notice of Intent.
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What is a Notice of Intent? |
A Notice of Intent is an application that a developer files, with an appropriate set of blueprints, outlining the work that is proposed and methods that will be employed to protect any wetlands. The Conservation Commission will hold a public hearing to consider the proposed project and, if appropriate, issue a permit for the work. The permits issued is called an Order of Conditions. Each order is crafted specifically for each proposal that is permitted.
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The Building Department issued a permit and the Board of Health approved my septic system. Isn't that enough? They didn't tell me I had wetlands on my property! |
The permits issued by other boards and deparments will address concerns covered under different sets of laws and regulations. If they are aware of the presence of wetlands on your property, other officials will be happy to advise you of that. However, the town is not responsible to tell you about the presence of wetlands - that is your responsibilty. The law requires you to tell us - not vice versa.
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I received a Notice of Violation. What do I do? |
The Conservation Commission is dedicated to helping people. Use the contact information provided on your notice or send us an email through this web site. The Commission will work with you to bring you back into compliance.
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