Request for Determination of Applicability (RDA)

The Request for Determination of Applicability provides applicants with the option of seeking a determination whether the Wetlands Protection Act applies to a proposed site or activity. Before filing this form to confirm the boundary delineation of a resource area, the applicant should discuss other delineation review options with the Conservation Commission. The Commission may require submittal of an Abbreviated Notice of Resource Area Delineation (WPA Form 4A), Notice of Intent (WPA Form 3), or Abbreviated Notice of Intent (WPA Form 4)

The applicant is responsible for providing the information required for the review of this application to the permit issuing authority (Conservation Commission or 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.

RDA Application Process:

  • The RDA application is a vehicle whereby an applicant is in essence asking the Commission if an NOi is required for contemplated work. it is usually used when the work is not in a resource area and does not involve significant land alteration or impact;
  • The application form is also a state form (WPA form 1);
  • 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;
  • Abutter notifications are required for an RDA;
  • The agent reviews the application, conducts a site inspection and generates a review letter on the application and prepares recommendations to the Commission;
  • When the Commission is satisfied that all necessary information has been received, it will vote to close the hearing and issue a decision, which by statute must be issued within 21 days of the close of the hearing.
 
Supplemental Information: