What must I do if I want to conduct a regulated activity in or near any of the resource areas protected by the state Act?

Regulations issued under the Act should be consulted because they contain specific standards that your project must meet to be approved.

For small projects located entirely in the 100’wetlands buffer zone (but not within 200’ of a perennial river or stream) you my submit a Request for Determination of Applicability with a plan, sketch or other description of the work to be done, showing any measures you plan to take to protect nearby wetlands from alteration. 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. Certain small projects are exempt.

If the project does impact wetlands, banks, dunes, lands within 200 ft. of a river or perennial stream of other resource areas, the next step is to submit a formal application known as a “Notice of Intent” to the Conservation Commission. This is a formal presentation carefully prepared, usually with the assistance of an engineer and/or wetlands consultant, according to the standards and criteria defined in the Act and Regulations, and showing in detail all aspects of the proposed project. The Commission will set a time for a public hearing in the local paper at the applicant’s expense. Once the hearing is completed and closed, the Commission must issue its decision, known as an ‘Order of Conditions”, within 21 days.

You may appeal the Order of Conditions within 10 days. Abutters, 10 residents or the community or DEP can also appeal within the 10 day period. Under the state Act, appeal is first to the regional office of DEP; which will issue what is known as a “Superseding Order”. Further appeal of this Order is to the Boston office of DEP, and then to Superior Court.