What do I do to conduct a regulated activity near wetlands?

The first step is to contact the Conservation Commission. Provide the staff with an outline of what you are proposing to do, and you’ll be pointed in the right direction.

Some activities within the 100’ buffer zone are exempted as they are considered too minor to regulate. However, these exemptions come with several exceptions that unexempt them, so it’s a good idea to contact the Commission.

Small projects located within the 100’ buffer zone may be allowed by filing for a Request for Determination of Applicability. Staff will provide help in filling out this form as requested. The purpose of this form is to determine if the Wetlands Protection Act applies to your project. If not, a Negative Determination is issued, often subject to conditions, allowing for the project to proceed.

For larger projects, a Notice of Intent must be filed. This application is lengthy, requiring many calculations and delineations of the wetlands. It is HIGHLY recommended that you hire a consultant/engineer to fill out this form. After a public hearing, if the project is approved, a permit called an Order of Conditions is issued. This allows for the project to proceed provided EVERY condition (often 50+) is met.