WW 04: Request for Determination of Applicability

This determination identifies whether a project needs a Waterways license or other authorization. For Wetlands Protection Act projects, use WPA Form 1.

MassDEP Waterways Program

The Details

What you need

This is a determination as to whether a Waterways license or other authorization is required for a project under 310 CMR 9.00, the Waterways regulations. Authorization must be obtained for:

  • the placement of structures and fill
  • changes in use of existing licensed structures and fill
  • dredging in current and certain former state waterways

The Request for Determination of Applicability is not a mandatory filing. However, if your project (existing or proposed) requires a Waterways license or other authorization, but you fail to obtain one, you may be subject to penalties and/or removal of the project. If a completed Request for Determination of Applicability is filed, the Department of Environmental Protection will issue a Determination of Applicability, which can be recorded with the landowner’s property deed.

How to file

See details in Step 5 below.

Next steps

  1. Review the Instructions

  2. Complete the Application Form

    You may fill out and save the Microsoft Word form on your computer. 

  3. Obtain a Transmittal Form and Number

    A unique Transmittal Number is needed for each application you submit to MassDEP.

  4. Look up the Permit Application Fee

    See page 8 of the fee schedule below.

  5. Mail your Application and Fee Payment

    Submit your application fee payment and Transmittal Form to:

    Department of Environmental Protection
    PO Box 4062
    Boston, MA 02211

    Submit your completed application and a copy of the Transmittal Form to:

    Department of Environmental Protection
    Waterways Program
    One Winter Street, 5th floor
    Boston, MA 02108

Contact

Address

1 Winter Street, 5th floor, Boston, MA 02108

Phone

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