Wetland Filing Information
Notice of Intent Filing Guidelines
Who must file? Anyone who plans to remove, fill, dredge, or alter a protected resource area, such as a wetland, a buffer zone of a wetland (within 100 feet of a wetland or intermittent stream), or a riverfront area (within 200 feet of a perennial stream).
In order for the Leominster Conservation Commission (LCC) to effectively process your Notice of Intent (NOI) filed under the Massachusetts Wetlands Protection Act M.G.L. 131 s.40, the LCC requests that you.
- eDEP Online Filing for Massachusetts Department of Environmental Protection.
- Submit two (2) copies of a completed Notice of Intent to the Leominster Conservation Commission, 25 West Street, Leominster, MA 01453. There is a mailbox attached to the door you can place the files in.
- Submit a check in the correct amount for Wetland Filing Fees payable to the Leominster Conservation Commission.
- Additionally, as applicable, submit:
- Two (2) Copies of large plans and Eight (8) copies of 11 x 17 plans in final form with the 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 the drainage system, including oil separating catch basins, particle and oil separators, detention systems, outfalls, sewer connections, etc.
- Plans delineating wetlands vegetation, the 100-foot buffer zone from the said wetland, or the 200-foot Riverfront Area as applicable, and the 100-year floodplain.
- Hearings: Hearings on NOIs are held on the 2nd and the 4th Tuesday of each month. Submit the completed NOI and check for filing fees within 10 business days prior to the hearing date.
- A notice of the hearing must be placed in the Sentinel & Enterprise, and published at least five days prior to the hearing, at the applicant's expense. The applicant shall contact the Conservation Commission in a timely fashion to request a hearing time. A check for the full amount of the legal ad must be presented to the commission no later than the scheduled hearing time or else the hearing will be continued.
- Abutter Notification: Abutter Notification is the responsibility of the applicant and is to take place at the same time or prior to filing with LCC. Copies of the abutter list and abutter notification certified mail receipts are to be supplied to the LCC prior to or at the Opening of the Hearing.
- The applicant or a legally designated representative must attend the Hearing.
- 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 Northern Worcester County Registry of Deeds, Putnam Place, 166 Boulder Drive, Suite 202 Fitchburg, MA 01420, phone: 978-342-2132, and must send a copy of the tear-off form with the Registry book and page marks to the LCC. The Applicant may then apply for a building permit and begin the project in accordance with the conditions of the LCC.
- Upon completion of the project, the Applicant must send a written request to the LCC for a Certificate of Compliance WPA-FM8A (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 Professional Land Surveyor and a written certification signed and stamped by a Professional Engineer 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.
- The Applicant's Certificate of Compliance WPA-FM8B must be recorded at the Northern Worcester County 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 applies to a particular area of land, to confirm wetland boundaries, to determine whether the Act applies to the work proposed, 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 the Sentinel & Enterprise, and published at least five days prior to the hearing, at the applicant's expense. No abutter notification is required, but the applicant must meet LCC 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.
For additional information, please contact the Leominster Conservation Commission at 978.962.3549 or Email Leominster Conservation Commission.