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WPA Form 1: Request for Determination of Applicability
This process helps an applicant find out if the Wetlands Protection Act applies to a site or proposed activity in a wetland area.
Contacts
MassDEP Wetlands Program
The Details of WPA Form 1: Request for Determination of Applicability
What you need for WPA Form 1: Request for Determination of Applicability
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 a Determination of Applicability.
To complete this form, the applicant should refer to the Wetlands Regulations, 310 CMR 10.00. An unofficial copy is linked below. Official copies of the regulations are available for purchase from the Massachusetts State Bookstore. Public libraries and county law libraries across the state also have copies of the regulations. MassDEP's Regional Service Centers have copies for review as well.
Fees for WPA Form 1: Request for Determination of Applicability
Under the Wetlands Protection Act and at 310 CMR 10.00 there is no application fee for the Request for Determination of Applicability. However, Conservation Commissions may charge fees under their local by-laws, if applicable. Although RDA fees are not required under WPA and its regulations, a notice of the Request must be placed in a local newspaper and published at least five days prior to the public meeting, at the applicant’s expense. Please contact your Conservation Commission regarding the procedure for public newspaper notice
How to apply WPA Form 1: Request for Determination of Applicability
The completed form and any attachments must be submitted to the Conservation Commission by certified mail, and a copy sent to the appropriate MassDEP Regional Office. See details in Step 3 below.
NEW: Save mailing costs. Submit your RDA electronically via eDEP.
MassDEP is providing an alternative to the requirement to mail a copy of the RDA to the MassDEP Regional Office. A copy of the signed and completed RDA can be attached and submitted to MassDEP using the RDA Submittal Platform in eDEP. Go to the RDA Instructions to get started.
Next steps for WPA Form 1: Request for Determination of Applicability
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Review the instructions
Guidance on how to prepare your application and use the RDA Submittal Platform in eDEP.
Open PDF file, 451.44 KB, Instructions: WPA Form 1 - Request for Determination of Applicability (English, PDF 451.44 KB)Open PDF file, 1.36 MB, How to Use the eDEP RDA Submittal Platform in eDEP (English, PDF 1.36 MB)Complete the Application Form
You may fill out and save the form on your computer. The PDF requires an electronic signature. MassDEP provides language translation assistance to fill out the RDA form. Language translation services and contact information are available online at the MassDEP Language Translation Assistance page.
Open PDF file, 161.48 KB, WPA Form 1: Request for Determination of Applicability (Fillable PDF) (English, PDF 161.48 KB)Open DOCX file, 49.26 KB, WPA Form 1: Request for Determination of Applicability (English, DOCX 49.26 KB)Submit Your Request
To the Conservation Commission:
Submit the signed original of the completed Request for Determination of Applicability with all attachments to the local Conservation Commission by Certified Mail. A copy must also be mailed or hand-delivered to the property owner, if different from the applicant, and submitted to the appropriate MassDEP Regional Office.
To MassDEP:
Electronic Submittal via eDEP
The RDA and associated documentation can be uploaded electronically to MassDEP by using the RDA Submittal Platform in eDEP. Detailed instructions on how to use the RDA Submittal Platform are provided online here. Note: Applicants must still send by certified mail the signed original of the RDA to the Conservation Commission.By Mail or Hand-delivery
Submit one (1) copy of the completed Request for Determination of Applicability, with all attachments, to the appropriate MassDEP Regional Office.Other:
If the property owner is different from the applicant, send one (1) copy of the completed Request for Determination of Applicability, with all attachments, to the property owner.
Contact for WPA Form 1: Request for Determination of Applicability
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