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Wetland Filing Guidelines

wetland filing guidelines

Who must file? Anyone who plans to remove, fill, dredge, or alter a protected resource area, to include a wetland, a buffer zone to a wetland, stream, river or a riverfront area.

Notice of Intent Filings

In order for the Medford Conservation Commission (MCC) to effectively process your Notice of Intent filed under the Massachusetts Wetlands Protection Act M.G.L. 131 s.40, and the City of Medford’s Wetland Ordinance Chapter 87, the MCC requests that you:

1. Submit nine (9) copies of a completed Notice of Intent to the MCC at

Medford City Hall
85 George P. Hassett Drive
Room 205
Medford, MA 02155

2. Submit a check in the correct amount for Wetland Filing Fees payable to the Medford Conservation Commission.

Additionally, as applicable, submit:

– Nine (9) copies of plans in final form with engineer’s stamp affixed, supporting calculations and other documentation necessary to completely describe the proposed work and mitigating measures
– Any photographs related to this project which may show the affected resource areas
– Documentation supporting compliance with MA DEP’s Stormwater Management Policy and Stormwater Management Guidelines
– Details of drainage system, including oil separating catch basins, particle and oil separators, detention systems, outfalls, sewer connections, etc.
– Plans delineating wetlands, the 100 foot buffer zone from said wetland, or the 200 foot Riverfront Area as applicable and the 100 year floodplain

Hearings: Hearings on NOIs are held the 1st and 3rd Wednesday of each month, except December. Submit the completed NOI and check for filing fees in accordance with the public hearing schedule and filing due dates to provide timely placement of a Legal Notice of Public Hearing in the local paper, the Medford Transcript. The cost of the notice is charged to the applicant.

A. Abutter Notification: Abutter Notification is the responsibility of the applicant. Abutter notification certified mail receipts are to be supplied to the MCC prior to or at the opening of a public hearing.

B. The applicant or a legally designated representative must attend the public hearing.

3. Once an Order of Conditions has been issued and the ten day appeal period has expired with no appeal, the Applicant must record the Order of Conditions with the Middlesex South County Registry of Deeds, 208 Cambridge Street, Cambridge, MA 02140, ph: 617-494-4500, and must send a copy of the tear-off form with the Registry book and page marks to the MCC. The Applicant may then apply for a building permit and begin the project in accordance with the conditions of the MCC.

4. Upon completion of the project, the Applicant must send a written request to the MCC for a Certificate of Compliance (refer to the Order of Conditions for the form and procedures to be used). When applicable, include an as-built plan stamped and signed by a PLS and a written certification signed and stamped by a PE or Architect that the project has been completed in “substantial compliance” with the cited plans and with the Order of Conditions, and stating any deviations.

5. The Applicant’s Certificate of Compliance must be recorded at the Middlesex County (South) Registry of Deeds and certification of recording sent to the Conservation Commission as required by the Wetlands protection Act regulations.

Request for Determination of Applicability

If the applicant knows an NOI is required, there is no need to file a Request for Determination of Applicability. However, a Request may be filed to determine whether the Wetlands Protection Act and/or the City of Medford Wetlands Ordinance applies to a particular area of land, to confirm the precise boundaries of a wetland resource area, to determine whether the Act applies to the work proposed, to find out whether the city has a local wetlands ordinance or bylaw that applies, or to determine the scope of alternatives to be considered.

There is no application fee for the Request for Determination of Applicability. However, a notice of the application must be placed in a local newspaper, and published at least five days prior to the hearing, at the applicant’s expense.

Abutter Notification is the responsibility of the applicant. Abutter notification certified mail receipts are to be supplied to the MCC prior to or at the opening of a public hearing. The applicant must meet MCC deadlines for a timely filing (see Hearings, under directions for filing NOIs). If it is determined that an NOI is needed, the Applicant must then file an NOI, following the directions for filing NOIs, above.

Forms

Permit application forms for work under the authority of the Medford Conservation Commission can be obtained on the Mass. DEP web site: http://www.mass.gov/eea/agencies/massdep/water/approvals/wetlands-and-waterways-forms.html.

Commonly used forms: Request for Determination of Applicability (PDF)

For additional information, please contact Alicia Hunt, the Medford Conservation Commission’s Agent, in the Office of Energy and Environment at (781) 393-2137 or ahunt@medford.org.