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WW04: Request for Determination of Applicability

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.

MassDEP Waterways Program

The Details of WW04: Request for Determination of Applicability

What you need for WW04: Request for Determination of Applicability

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.

How to file WW04: Request for Determination of Applicability

File online though the Commonwealth of Massachusetts EEA ePlace Portal. See details below.

Next steps for WW04: Request for Determination of Applicability

  1. Review the Instructions

  2. Complete the online application form

    The application form and all supporting documents are to be filed electronically at EEA ePlace Portal.

    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.

  3. Make your payment

    The application fee payment may be made by credit card online or by check or money order by mail. If you are submitting your payment by mail, your check or money order will need to include the application number that will be provided upon completion of your online application form.

    Payments by mail should be sent to:

    Department of Environmental Protection
    PO Box 4062
    Boston, MA 02211

Contact for WW04: Request for Determination of Applicability

Phone

Open M-F 7:30 am-5:00 pm, with the exception of all Commonwealth & Federally observed holidays.

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