In order to work within 100 Feet of a Wetland, the Conservation Commission must first determine whether or not the work will alter, fill or dredge a jurisdictional resource area.
Work without a permit is subject to enforcement actions including but not limited to financial, civil or criminal penalties. The only way to determine whether or not a wetland is present on a parcel is to hire a wetlands delineator to map out the boundaries of a wetland resource area. The Conservation Commission, the Property Owner, and the Owner’s wetlands delineator then review the wetlands boundaries to determine whether or not they are accurate and to determine whether or not the proposed scope of work will remove, fill, dredge or alter a resource area.
- A Request for Determination of Applicability is used to determine the above question – RDA Application Form and Instructions
- If the Commission determines that a proposed activity will remove, fill, dredge or alter a resource area, a Notice of Intent is filed – NOI Application and Instructions
- Affidavit of Service to Abutters (M.G.L. 131, Section 40) must be submitted by the Applicant when filing a Notice of Intent. This for is available here – Holyoke Affidavit of Service
Please note, these forms require a significant amount of technical expertise and experience. Please do not attempt to fill these documents out without the support of an experienced professional.