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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 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.
There is no application fee for the Request for Determination of Applicability. However, a notice of the application must be placed in a local newspaper, and published at least 5 days prior to the hearing, at the applicant's expense. Please contact your Conservation Commission for the public-notice procedure.
The completed form and any attachments must be submitted to the Conservation Commission, and a copy sent to the appropriate MassDEP Regional Office. See details in Step 3 below.
Guidance on how to prepare your application.
You may fill out and save the Microsoft Word form on your computer. The PDF version has to be printed out and completed by hand.
For Conservation Commission:
Submit one (1) copy of the completed Request for Determination of Applicability, with all attachments, to the local Conservation Commission.
Submit one (1) copy of the completed Request for Determination of Applicability, with all attachments, to the appropriate MassDEP Regional Office.
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.