When the Conservation Commission determines that the Wetlands Protection Act applies to a project, what is next?

You may file a “Request for Determination of Applicability (RDA)” for small projects in which no alteration of a wetland resource area is proposed and all activity takes place at least fifty (50’) feet from the wetland delineation line.  A bylaw fee is required and payable to the Town.  A public hearing notice will be placed within the Taunton Gazette one week prior to the meeting.  The applicant is responsible for payment of the legal ad and must bring proof of payment to the meeting.  The RDA will not be discussed if we do not have proof of payment.

The RDA will be scheduled for the next available Conservation meeting (per the deadline schedule).  After the meeting is closed, the Commission will issue either a positive or negative “Determination of Applicability (DOA)”.  A positive DOA will require the filing of a Notice of Intent (NOI) which is more in depth submittal or a negative DOA which states that your project does not require the filing of a NOI and you are able to proceed with the proposed project.

For larger, more complex or sensitive projects, you must complete and submit a Notice of Intent (NOI) application along with an engineered plan.  Abutter notification is required as well as a fee payable to both the Town and DEP.  A public hearing notice will also be placed within the Taunton Gazette one week prior to the hearing.  The applicant is responsible for payment of the legal ad and must bring proof of payment to the meeting.  The NOI will not be discussed if we do not have proof of payment.

Your project will be heard at a scheduled meeting by the Commission.  After the hearing is closed, the Conservation Commission will issue an Order of Conditions (OC), detailing how you must proceed with the project.  This OC must then be recorded at the Registry of Deeds.  Proof of recording must be presented to the Conservation Commission’s office prior to the start of your project.

In order to begin your project once an OC has been issued, you must receive an Authorization to Proceed (ATP) from the Conservation Office.  You will need to provide proof of recording the OC to the Commission’s Office and correctly install all erosion control measures relevant to your project on the property.  Once this has been completed, you can request the ATP from the office.