Chapter 91 Guides

Chapter 91 Forms

  • BRP WW 04 - Request for Determination of Applicability

    This determination is intended to answer with certainty whether a Waterways license or other authorization is required. For Wetlands Protection Act jurisdiction, use WPA Form 1. Revised September 2006.

  • BRP WW 01, 03, 14, 15, 16, 17 - Chapter 91 Waterways License

    Chapter 91 licenses are required for most water-dependent and non-water-dependent projects, including small residential docks, piers, municipal harbor plans, dredging, and more. Revised June 2006.

  • BRP WW 06, 12 - Chapter 91 Simplified License & License Renewal

    A project licensed under MGL Chapter 91, the Public Waterfront Act, using the simplified license option has a limited term of generally 10-15 years. For the authorization to continue, the Licensee, or his/her successor, must request the simplified license be renewed. Revised September 2006.

  • BRP WW 05 - Certificate of Compliance

    A Certificate of Compliance confirming that a project licensed under MGL Chapter 91, the Public Waterfront Act, has been completed according to the plans, specifications and conditions of that license. Revised July 2007.

  • BRP WW 26: Combined Licenses/Permits for Waterways & Water Quality Certification  doc format of BRP WW 26: Combined Waterways-WQC Permit Application
pdf format of                             BRP WW 26: Combined Waterways-WQC Permit Application

    This form reflects regulatory amendments to 310 CMR 9.00 and 314 CMR 9.00 for combined review and permitting of projects subject to certain dredging, excavation and fill activities under Chapter 91 and the 401 Water Quality Certification Regulations. This is an application for a combined permit from MassDEP only. For questions please contact Ken Chin (617-292-5893 or Ken.Chin@state.ma.us). Revised April 2015.

Water Quality Certification Forms

Wetlands Protection Act Permit Forms

  • Notary Block No Longer Required for Wetlands Permits

    Explains the removal of the notary block from certain Wetlands Permits.

  • WPA Form 1: Request for Determination of Applicability

    This process enables the applicant to seek a determination of whether the provisions of the Wetlands Protection Act apply to a particular land area, determine the boundaries of a wetland resource area, or other circumstances under which proposed work would be regulated by the Act.

  • WPA Form 2: Determination of Applicability  doc format of WPA Form 2 Determination of Applicability
pdf format of                             WPA Form 2 Determination of Applicability

    This form records which provisions of the Wetlands Protection Act and regulations apply to a proposed project. Updated December 2014.

  • WPA Form 3: Notice of Intent

    The Wetlands Protection Act prohibits the removal, dredging, filling, or altering of wetlands without a permit. A Notice of Intent is required to obtain such a permit.  This form is also available for electronic filing via eDEP Online Filing . NOTE: Applicants for Ecological Restoration Limited Projects cannot use eDEP and must attach Appendix A to their submittal. Revised April 2015 to include riverfront-area impact for coastal resource areas. 

  • WPA Form 3 (Notice of Intent) Appendix A: Ecological Restoration Limited Project Checklists  doc format of NOI Appendix A: Ecological Restoration Limited Projects
pdf format of                             NOI Appendix A: Ecological Restoration Limited Projects

    This form is required to complete an Ecological Restoration Limited Project application. Applicants must provide the supporting documentation outlined in the Appendix and sign the certification that affirms that the project meets all eligibility requirements. Revised March 2015 (updated email addresses for Division of Marine Fisheries). 

  • WPA Form 3A - Notice of Intent for an Ecological Restoration Project  doc format of WPA Form 3A - NOI for Ecological Restoration Project
pdf format of                             WPA Form 3A - NOI for Ecological Restoration Project

    This application for eligible project types (dam removal, freshwater stream crossing repair and replacement, stream daylighting, tidal restoration, rare species habitat restoration, fish passageway restoration) is required to obtain a Restoration Order of Conditions (Form 5A). Revised April 2015 to include riverfront-area impact for coastal resource areas. 

  • WPA Form 4: Abbreviated Notice of Intent

    This form simplifies filing requirements for projects which are likely to result in limited impacts to wetland resource areas. Revised December 2014.

  • WPA Form 4A: Abbreviated Notice of Resource Area Delineation

    This form provides a procedure for an applicant to confirm the delineation of a bordering vegetated wetland. Electronic filing is also available via eDEP Online Filing .

  • WPA Form 4B: Order of Resource Area Delineation

    This form is for use by Conservation Commissions in response to a request for resource area delineation. Updated December 2014. Electronic filing is also available via eDEP Online Filing .

  • WPA Form 5: Order of Conditions

    This form is for use by Conservation Commissions when issuing an Order of Conditions to an applicant under the Wetlands Protection Act. Revised April 2015 to include riverfront-area impact for coastal resource areas. Electronic filing is also available via eDEP Online Filing ; note, however, that the eDEP version does not include the 2014-2015 updates.

  • WPA Form 5A: Restoration Order of Conditions  doc format of WPA Form 5A: Restoration Order of Conditions
pdf format of                             WPA Form 5A: Restoration Order of Conditions

    This form is to be used for projects designed to address ecological restoration for dam removal, freshwater culvert repair or replacement; culvert replacement to improve tidal flow; stream daylighting; restoration of rare-species habitat; and fish-passage improvement. Revised April 2015 to include riverfront-area impact for coastal resource areas. 

  • WPA Form 6: Notice of Non-Significance  doc format of WPA Form 6: Notice of Non-Significance
pdf format of                             WPA Form 6: Notice of Non-Significance

    This form is used to record a Conservation Commission's determination that a proposed project does not require an Order of Conditions because the project does not significantly impact an area identified in the Wetlands Protection Act. Revised December 2014.

  • WPA Form 7: Extension Permit for Order of Conditions  doc format of WPA Form 7: Order of Conditions Extension
pdf format of                             WPA Form 7: Order of Conditions Extension

    This form records the approved extension of an unexpired Order of Conditions.

  • WPA Form 8a: Request for Certificate of Compliance  doc format of WPA Form 8a Certificate of Compliance Request
pdf format of                             WPA Form 8a Certificate of Compliance Request

    Upon completion of the work authorized in an Order of Conditions, the property owner must request a Certificate of Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed.

  • WPA Form 8b: Certificate of Compliance  doc format of WPA Form 8b: Certificate of Compliance
pdf format of                             WPA Form 8b: Certificate of Compliance

    A Certificate of Compliance is issued upon full or partial completion of work authorized in an Order of Conditions, or if the work never commenced and a new Notice of Intent and Order of Conditions are required.

  • WPA Form 9: Enforcement Order  doc format of WPA Form 9: Enforcement Order
pdf format of                             WPA Form 9: Enforcement Order

    Notice of activity in violation of the Wetlands Protection Act and required corrective action(s).

  • Wetlands Protection Act Emergency Certification Form  doc format of WPA Emergency Certification Form
pdf format of                             WPA Emergency Certification Form

    Certification for work in a resource area resulting from a natural disaster or other emergency.

Other Wetland Permits

Wetland Fee Transmittal Forms and Appendices

  • Request for Departmental Action Fee Transmittal Form  doc format of Request for Departmental Action Fee Transmittal Form
pdf format of                             Request for Departmental Action Fee Transmittal Form

    This fee transmittal form accompanies the Determination of Applicability (WPA Form 2), Abbreviated Notice of Intent (WPA Form 4), Order of Resource Area Delineation (WPA Form 4B), Order of Conditions (WPA Form 5), Restoration Order of Conditions (WPA Form 5A), or Notice of Non-Significance (WPA Form 6). Revised December 2014.

  • ANRAD Wetland Fee Transmittal Form  doc format of ANRAD Wetland Fee Transmittal Form
pdf format of                             ANRAD Wetland Fee Transmittal Form

    This fee transmittal form accompanies the Abbreviated Notice of Resource Area Delineation (WPA Form 4A).

  • NOI Wetland Fee Transmittal Form  doc format of NOI Wetland Fee Transmittal Form
pdf format of                             NOI Wetland Fee Transmittal Form

    This fee transmittal form accompanies the Notice of Intent (WPA Form 3) or Abbreviated Notice of Intent (WPA Form 4).

  • Areas of Critical Environmental Concern  doc format of Areas of Critical Environmental Concern
pdf format of                             Areas of Critical Environmental Concern

    Areas of Critical Environmental Concern (ACECs) are places in Massachusetts, so designated by the Secretary of Energy & Environmental Affairs, that receive special recognition because of the quality, uniqueness and significance of their natural and cultural resources. Projects within ACECs are subject to greater scrutiny to avoid or minimize their environmental impact.

  • Stormwater Report: Checklist  doc format of Stormwater Report: Checklist
pdf format of                             Stormwater Report: Checklist

    This Checklist is a preparation guide for writing the Stormwater Report. Both the Checklist and the Stormwater Report should be submitted with the Notice of Intent (WPA Form 3) when a project is subject to the stormwater management provisions of the Wetlands Protection Act. Revised April 2008.

  • Contacts & Locations

Wetland Field-Data Collection

  • Bordering Vegetated Wetland Delineation Field Data Form  doc format of BVW Field Data Form

    Use this form to delineate the boundary of a Bordering Vegetated Wetland under the provisions of the Massachusetts Wetlands Protection Act and regulations (310 CMR 10.55). For more information see the "Bordering Vegetated Wetland Delineation Manual" under "Wetlands Guidance", above. 

  • Simplified Habitat Evaluation Form  doc format of Simplified Habitat Evaluation Form
pdf format of                             Simplified Habitat Evaluation Form

    Simplified habitat-evaluation form from the Massachusetts Wildlife Habitat Protection Guidance. This form applies when a field evaluation determines that a project will have no adverse effect on the habitat features specified in the form; otherwise the Detailed Habitat Evaluation Form is used.

  • Wildlife Habitat Protection Guidance - Appendix B, Detailed Wildlife Habitat Evaluation  doc format of Wildlife Habitat Evaluation Form
pdf format of                             Wildlife Habitat Evaluation Form

    Detailed habitat-evaluation form from the Massachusetts Wildlife Habitat Protection Guidance, to be submitted when a proposed project triggers habitat-protection provisions in the Wetlands Protection Act regulations.