When am I required to file an application with the Conservation Commission?

Under the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.00) the Conservation Commission has statutory jurisdiction for activities for activity proposed within 100 feet of a resource area and within the 200 foot Riverfront Area of perennial streams.

There are two kinds of applications under these regulations. For small projects 50 feet and greater away from wetland resources a Request for Determination of Applicability may be filed. Examples of small projects that may fall under this category could be the construction of decks, sheds, and native landscaping.

The second type of filing is the Notice of Intent filing which is for more complex projects such as construction of commercial/industrial buildings, subdivisions, dwellings, removal of vegetation, regrading, and additions. These projects often require engineered plans showing the wetland resources on-site, abutter notification, and a public hearing.

Please check with the Conservation Commission office for help in determining which form to file. Forms are available at the Conservation Commission’s Office or on the Massachusetts Department of Environmental Protection website.