Notice of Intent (NOI)

To protect the Commonwealth's wetland resources, the Massachusetts Wetlands Protection Act prohibits the removal, dredging, filling, or altering of wetlands without a permit. To obtain a permit (called an Order of Conditions), you must submit an application to the local Conservation Commission and MassDEP. The Notice of Intent application provides the Conservation Commission and MassDEP with a complete and accurate description of the site including the type and boundaries of resource areas under the Wetlands Protection Act, and the proposed work including all measures and designs proposed to meet the performance standards described in the Wetlands Protection Act Regulations, 310 CMR10.00, for each applicable resource area.

The applicant is responsible for providing the information required for the review of this application to the permit issuing authority (Conservation Commission and MassDEP). Submitting a complete and accurate description of the site and project will minimize requests for additional information that may result in an unnecessary delay in the issuance of an Order of Conditions.

To complete these required forms, found at the bottom of this page, the applicant should refer to the Wetlands Regulations, 310 CMR 10.00 and the locally regulated Bylaw and Regulations Chapter 181.

NOI Application Process:

•    A complete application package is submitted to the Conservation Commission office and to DEP in Worcester. This application form is a state form (WPA form 3) and dictates all of the information that is required;
•    The appropriate fees must be submitted with the application. These fees are determined by the state regulations as well as the local by-law, and the advertising fee must also be submitted;
•    The Conservation Department will place the legal ad for the public hearing, but the timing of the advertising is governed by the state regulations as well as the newspaper requirements and this may or may not impact the agenda where the application is placed. There is a state mandated requirement that the hearing be opened within 21 calendar days of receipt of the application. If there is a timing issue, a waiver of the 21 day requirement is obtained from the applicant;
•    The date and time for the hearing is given to the applicant for the abutter notifications. These notifications must be sent to all abutters within 300' of the project via certified mail (a local by-law requirement) and evidence of the mailing must be submitted by the applicant to the Commission at the public hearing. The abutter list is obtained from the Town Assessor's office;
•    The agent reviews the application, conducts a site inspection and generates a review letter on the application and prepares recommendations to the Commission. If peer review is recommended, the Commission must authorize said review under the local by­law and no testimony will be taken until such time as the final peer review is received;
•    When all reviews are complete and an NOI number is received from DEP, the Commission will go forward with the public hearing;
•    When the Commission is satisfied that all necessary information has been received, it will vote to close the hearing and issue the Order of Conditions, which by statute must be issued within 21 days of the close of the hearing;
•    Once the Order of Conditions has been recorded in the Registry in Dedham and all required erosion control is in place and certified as such by the project engineer, the Conservation Department will sign off on the necessary building permits;
•    When the project is complete, the applicant must apply for a Certificate of Completion (WPA form Ba) which will be voted on by the Commission;
•    The Certification of Completion form (WPA form 8b) from the Commission must then be recorded in the Registry to close-out the project.