This determination identifies whether a project site is located within Chapter 91 jurisdiction and/or whether a project or activity requires a Waterways license or other authorization. For Wetlands Protection Act projects, use WPA Form 1.
- This page, WW04: Request for Determination of Applicability, is offered by
- Massachusetts Department of Environmental Protection
WW04: Request for Determination of Applicability
Contacts
MassDEP Waterways Program
EEA ePLACE Help Desk
Phone
ePLACE Help Desk
Call EEA ePLACE Help Desk, ePLACE Help Desk at 844-733-7522
Open M-F 7:30 am-5:00 pm, with the exception of all Commonwealth & Federally observed holidays.
The Details
What you need
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 Jurisdictional Determination, which can be recorded against the chain of title for the property.
Below are some typical activities that require a Waterways authorization if they will occur within Chapter 91 jurisdiction:
- the placement of structures and fill
- changes in use of existing licensed structures and fill
- dredging in current and certain former state waterways
What you need to file a Request for Determination of Applicability:
- The WW04 application is filed through an online process at the Commonwealth of Massachusetts ePLACE Citizen Access Portal. An ePlace account is required for anyone contributing to the application such as the applicant, consultant, attorney, engineer, etc.;
- Project- and site-specific information, such as licensing history, project details, scaled project plans with Mean High Water and Mean Low Water elevations depicted;
- Mailing addresses for local agencies and abutters to the project site.
Fees
How to file
File online though the Commonwealth of Massachusetts EEA ePlace Portal. See details below.
Next steps
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Review the Instructions
Guidance on how to prepare your application.
Open PDF file, 90.5 KB, Instructions: BRP WW04 Request for Determination of Applicability (English, PDF 90.5 KB)Open DOCX file, 43.36 KB, Instructions: BRP WW04 Request for Determination of Applicability (English, DOCX 43.36 KB)Complete the Application Form
The application form and all supporting documents are to be filed electronically. The EEA ePLACE instructions provide guidance for the online process.
For technical assistance regarding online filing, contact the EEA ePLACE Help Desk Team at 1-844-733-7522 or ePLACE_helpdesk@mass.gov.
Upon submittal of your online application you will receive an email with an attached “Proof of Record” document which is the application form required to be sent to all persons who are required to receive notice pursuant to 310 CMR 9.13(1)(a), along with a copy of all supporting documents and information that are part of the application.
Open PDF file, 2.21 MB, WW04 ePlace Instructions (English, PDF 2.21 MB)Submit your Application and Fee Payment
- File online via the EEA ePlace Portal.
- For additional guidance on navigating the EEA ePLACE Portal, please follow this link - EEA ePLACE Portal Instruction Documents
- You will have the option to pay online by credit card or automated clearing house (ACH) or pay by mail. If you select the pay-by-mail option, instructions on how to do so will be provided when you submit your online application.
Contact
Phone
ePLACE Help Desk Call EEA ePLACE Help Desk, ePLACE Help Desk at 844-733-7522Open M-F 7:30 am-5:00 pm, with the exception of all Commonwealth & Federally observed holidays.
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