CONSERVATION FILING PROCEDURES - GO HERE!

Application and Filing Steps

Plan- You must have a surveyed plan stamped by a registered engineer or surveyor showing all information necessary to describe the project (Plan guideline).  Please provide digital copies of the plans to the conservation office

APPLICATIONS:

Notice of Intent (NOI) – WPA Form 3- Fill out all applicable information as instructed. Include clear location map. Forms can be down loaded and electronic filings made to DEP at www.mass.gov/dep. These forms are used for both Bylaw and State Act. WPA, State Regulations, Policies and other state information can be found on DEP website click Quicklinks at bottom  left hand column to choose application. Request for Determination (RDA) or Abbreviated Notice of Resource Area Determination (ANRAD) and other DEP filing forms can be down loaded from DEP website.    Requires: Plan, Notification to abutters, advertisement of hearing, fees, and attendance at hearing.

Request for Determination of Applicability (RDA)- If work is at least 50-feet from the delineated wetlands and will not impact or alter a resource area or if there are wetlands on your lot which do not have an approved delineation with the Conservation Commission. You will receive either a Positive Determination (may need to file Notice of Intent) or a Negative Determination (will not need to file a Notice of Intent). Does not require notification of abutters. Requires: Plan, any associated information, attendance at meeting, fees,  and advertisement of hearing.

Abbreviate Notice of Resource Area Delineation (ANRAD) - File this application if you would like the Conservation Commission to review and approve the delineation of wetland resource areas (wetland, river, floodplain, ponds, intermittent stream, etc). Requires: Plan, notification to abutters,  advertisement of hearing, attendance at hearing, wetland specialist report,  application, fees, and other information. 

NOTIFICATION TO ABUTTERS

  1. Send Notification to Abutters Form to all abutters on Certified Abutters List by CERTIFIED MAIL RETURN RECEIPT or Certificate of Mailing THE DAY THE NOI IS FILED with Conservation (NOT BEFORE). Abutters within 300 feet of the lot line must be notified of the public hearing under state law. Bring or mail the return receipts (green cards) or white Certificate of mailings to the public hearing (or email before meeting).

    Use Notification to Abutters Form (see template below)– You need to add specific information about your project as required on form.

  2. Request for Certified Abutters List Form (see below) – Fill out and drop off at Assessor’s Office to obtain a Certified Abutters List (a list of abutters and their mailing addresses within 300 feet of your lot). This may take two weeks.

  3. Abutters Notification is also required for an ANRAD applications to Conservation Commission. We NO longer require notification for Requests for Determinations.

FEES

  1. Town Bylaw filing fee check to be submitted with application. Fee varies based on project and type of application (see fee schedule below).

  2. Advertisement- Check for $80.00 made out to Hometown Weekly submitted with application.

  3. State fee is calculated on DEP Fee Transmittal form. Town’s share of fee is to be submitted with application to Town. State’s share of fee to be mail as directed by DEP Fee Transmittal Form to DEP (copy of check to be submitted with application to Town). No fee for RDA.

5.  OTHER INFORMATION – such as Stormwater Report, Stormwater Calculations, wetland reports and other required documentation to be submitted as required or requested by Commission. If project requires stormwater report or calculation it may be necessary to have a pre-hearing meeting with the Conservation Agent.

Submit Together

To Town Dept. of Conservation: 1)  Digital pdf copy of application, plan and other documents shall be emailed to Lhershey@walpole-ma.gov and 2) Six (6) hard copies of  Applications (NOI, RDA, ANRAD) or other requests,  plans and checks shall be mailed or dropped off at Conservation Department 135 School Street, room 212 or in outside drop box.   Once all materials are submitted the project will be scheduled for a hearing or or meeting  on the next available Agenda.  Meetings are generally scheduled the second and fourth Wednesdays of each month in person at town hall.

To MADEP (follow requirements as stated on DEP website): Submit one copy of the application and plan, abutters list and notification and all other pertinent information to DEP Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347. DEP will issue DEP number starting with 315-. DEP number is needed to close hearing and issue permit (Order of Conditions).

Questions: Walpole Conservation: 508 660-7253  or Lhershey@walpole-ma.gov

DEP SERO 508 946-2700 or https://www.mass.gov/orgs/Massachusetts-department-of-environmental-prot....

After Submission

Site Visits: The Conservation Agent will review application and usually make a site visit prior to the hearing.  The Conservation Commission may schedule a site visit at the public hearing.

No additional information is to be submitted at the public hearing.  Information requested by the Commission at the public hearing shall be submitted no later than one week before a continued public hearing (unless otherwise arranged and approved by Commission or Agent).

Public Hearing (currently in-person)

  1. Presentation: You or your representative will present the project to the Conservation Commission and hand in the green or white abutters notification cards (email before meeting and mail originals). Be prepared to present plans at hearing.
  2. Questions: The Conservation Agent and Commissioners will ask questions regarding the project.
  3. Audience: The Chair will ask if anyone in the audience would like to address the Commission.
  4. Continue or Close: The Commission may request or except a request to continue the public hearing to a later date and time for additional information or close the public hearing to render a decision based on the information submitted.
  5. Decision: The Commission will then vote to approve or deny the project and issue an Order of Conditions as presented in a NOI, vote a positive or negative Determination of Applicability (DOA) under an RDA, or vote an Order of Resource Area Determination (ORAD) under an ANRAD.
  6. A continued public hearing is usually scheduled for the next meeting unless requested otherwise. Additional information must be submitted prior to the continued hearing.

Decisions

  1. Decisions are process in the office as soon as they can and usually mailed out to Applicant, and/or Representative if indicated.
  2. Record: ORADS and Orders of Conditions must be recorded at the Norfolk Registry of Deeds or Land Court.
  3. Appeal period: There is a ten day appeal period after the permit is issued.
  4. DOA, ORADS and Order of Conditions decisions are mailed to DEP for review.
  5. READ SPECIFIC PERMITS (Order of Conditions, etc.) FOR SUBSEQUENT REQUIREMENTS.