WPA Form 2: Determination of Applicability

Conservation Commissions use this form to issue a Determination of Applicability to an applicant under the Massachusetts Wetland Protection Act.

MassDEP Wetlands Program

The Details   of WPA Form 2: Determination of Applicability

What you need   for WPA Form 2: Determination of Applicability

This form is for use by Conservation Commissions when issuing a Determination of Applicability (DOA) to an applicant under the Wetlands Protection Act.

How to apply   WPA Form 2: Determination of Applicability

The Determination of Applicability may be mailed or hand-delivered to the applicant, and a copy sent to the property owner, if applicable. See instructions in Step 3, below.

Login to eDEP Online Filing

NEW: Save mailing costs. Submit your DOA electronically via eDEP.

MassDEP is providing an alternative to the requirement to mail a copy of the DOA to the MassDEP Regional Office. A copy of the signed and completed DOA can be attached and submitted to MassDEP using the DOA Submittal Platform in eDEP. Go to the DOA Instructions to get started.

Next steps   for WPA Form 2: Determination of Applicability

  1. Review the instructions

    Guidance on how to prepare and submit your DOA, as well as how to use the DOA Submittal Platform in eDEP.

  2. Complete the WPA Form 2 – Determination of Applicability

    Fill out and save the WPA Form 2 - Determination of Applicability on your computer. MassDEP provides language translation assistance to fill out the DOA form. Language translation services and contact information are available online at the MassDEP Language Translation Assistance page.

  3. Issue your Determination

    To the Applicant:

    Mail by Certified Mail (return receipt requested) or hand-deliver the Determination of Applicability to the applicant.  A copy must also be mailed or hand-delivered to the property owner, if different from the applicant.

    To MassDEP:

    Electronic Submittal
    The DOA can be electronically submitted to the MassDEP Regional Office using the DOA Submittal Platform in eDEP instead of mailing. To use the Submittal Platform login to eDEP or create a new eDEP account. Detailed instructions on how to use the DOA Submittal Platform are provided online here. For video instructions on how to sign up for and use eDEP to submit a copy of a signed DOA to MassDEP, please click here.

    By Mail or Hand-delivery
    Mail or hand-deliver the Determination of Applicability to the appropriate MassDEP Regional Office.

  4. Appeals of the Determination of Applicability

    The applicant, the owner, any person aggrieved by the DOA, any owner of land abutting the land subject to the Order, or any 10 residents of the city or town in which such land is located, have the right to request the appropriate MassDEP Regional Office to issue a Superseding Determination of Applicability.

    Such a request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, within 10 business days from the date of issuance of the DOA. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.

Contact   for WPA Form 2: Determination of Applicability

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