The Abbreviated Notice of Intent (WPA Form 4) simplifies filing requirements for projects which are likely to result in limited impacts to wetland resource areas. The form may be used when:
- the proposed work is within the Buffer Zone as defined in 310 CMR 10.04 (if the filing of a Notice of Intent is required) or within Land Subject to Flooding, as defined in 310 CMR 10.57(2), or within the Riverfront Area, as defined in 310 CMR 10.58; and
- the proposed work will disturb less than 1,000 square feet of surface area within the Buffer Zone and/or Land Subject to Flooding or less than 1,000 square feet of Riverfront Area, provided the work conforms to the requirements of 310 CMR 10.58(4)(c)2.a. pertaining to analysis of alternatives; and
- neither a Department of Army permit nor a Chapter 91 Waterways license from the Department is required.
To protect the Commonwealth's wetland resources, the Massachusetts Wetlands Protection Act (General Law c. 131, §40) prohibits the removal, dredging, filling, or altering of wetlands without a permit. To obtain a permit (called an Order of Conditions), a project proponent must submit an application to the Conservation Commission and the Department of Environmental Protection. The Abbreviated Notice of Intent application provides the Conservation Commission and the Department with a complete and accurate description of the:
- site, including the type and boundaries of resource areas under the Wetlands Protection Act, and
- proposed work, including all measures and designs proposed to meet the performance standards described in the Wetlands Protection Act regulations, 310 Code of Massachusetts Regulations (CMR) 10.00, for each applicable resource area.
The applicant is responsible for providing the information required for the review of this application to the issuing authority (Conservation Commission or the Department of Environmental Protection). The submittal of a complete and accurate description of the site and project will minimize requests for additional information by the issuing authority which may result in an unnecessary delay in the issuance of an Order of Conditions.
To complete this form, the applicant should refer to the wetlands regulations (310 CMR 10.00), which may be purchased online, in person, or by mail at the Massachusetts State Bookstore
Requirements for Professional Services
The issuing authority may require that supporting plans and calculations be prepared and stamped by a registered professional engineer (PE) when, in its judgment, the complexity of the proposed work warrants this professional certification. Examples of information likely to require certification by a PE include: hydraulic and hydrologic calculations; critical elevations and inverts; and drawings for water control structures such as head walls, dams, and retention areas.
The issuing authority also may require that supporting materials be prepared by other professionals including, but not limited to, a registered architect, registered landscape architect, registered land surveyor, registered sanitarian biologist, environmental scientist, geologist, or hydrologist when the complexity of the proposed work warrants specialized expertise.
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