Conservation Commission
Frequently Asked Questions
How do I know if I have to come before the Commission?
Any activity that is located within 100 ft. of a coastal or inland wetlands, within 200 ft. of a perennial river and/or stream or is within an area subject to flooding (Zone A or Zone V) requires an application for review and approval by the Commission.
What if I am not sure if my land is in one of the above areas?
Since many wetlands are not always obvious, you are encouraged to consult with the Conservation Agent, who will help you determine whether your project falls within the Commission’s jurisdiction and whether your project will require a filing. Additional assistance may be necessary from a wetlands biologist to determine if your project is located in or within 100 feet of a wetlands.
What is the cost of filing a Request for Determination of Applicability?
There is a $25 Application fee for a Request for Determination of Applicability.
What do I have to do for a Request for Determination of Applicability?
A completed form with all its attachments must be submitted to the Conservation Commission at least two week prior to the Conservation Commission meeting. Applicants also must send a copy of the form and attachments to the Northeast Regional office of the DEP and the property owner if different from the applicant. The original and all the copies must be sent simultaneously. Applicants will need to attend a conservation meeting. The applicant will need to pay for the cost of a legal advertisement to be placed in the Salem News at least a week before the project is presented to the Commission. The Conservation Agent will develop the legal advertisement and submit it to the Salem News for print.
What is the difference between a Request for Determination of Applicability and a Notice of Intent?
A Request for Determination of Applicability is a form filed when you are not sure if your project is subject to the Wetlands Protection Act and/or within the jurisdiction of the local Conservation Commission. A Notice of Intent is filed when you are planning a project that you know is subject to the Wetlands Protection Act and/or the local Conservation Commission.
Do I need to hire an Engineer or Wetland Scientist?
In order for the Commission to make an accurate and fair determination of the proposal it is best to have a registered land surveyor, licensed engineer, or wetland scientist draw up the plans for the project. Most of them are very familiar with the guidelines given in the Act and regulations established under the Act. They can give you accurate advice on what can and cannot be done and produce a plan for the local and state review process.
Do I need to notify abutters to my land?
Yes, for Notice of Intents but not for Request for Determination of Applicability. For a Notice of Intent abutters located within 100 feet of your property will need to be notified of your proposed project at least one week in advance of the Conservation Commission hearing your project. You will need to contact the Conservation Agent for the list of abutters. Upon your request the agent will work with the assessor's office to compile a certified list of all abutters within 100 feet, which will be mailed to you. You will need to send a letter to all abutters, including those across a traveled way or railroad bed. The letter shall state what work is to be done and where a copy of the plans may be examined. The letter needs to be sent certified mail return receipt requested or certificate mail, which
is provided by the Post Office.
I filled out the Notice of Intent, now what?
You need to send the following:
Department of Environmental Protection Northeast Regional Office- One copy of the Notice of Intent and Plans, a copy of the fee transmittal form and the wetlands filing fee calculation worksheet, copy of the check.
Department of Environmental Protection - Boston Post Office Box address- One copy of the Notice of Intent, Wetlands Fee calculation worksheet, Notice of Intent fee transmittal form and the check.
City of Salem- Conservation Commission – 1 original signed copy of the Notice of Intent, 7 Copies of the Notice of Intent, 8 copies of the plans, copy of the fee transmittal form, copy of the wetlands filing form, copy of the certified list of abutters, receipts from the certified mail of letter to abutters, check for filing fee.
You will need to attend a Conservation Commission meeting. The meetings are held the second and fourth Thursday of each month (except August, the Commission does not meet in August).
Why do I need to send so many copies?
The Salem Conservation Commission has 7 members and one Conservation Agent. Each member receives a copy of the plans before the meeting so they have time to review the project. The administrator needs the original application and a copy of the plans for the project file.
Do I have to appear before the Commission?
Yes. The conservation agent will place an ad in the Salem News for both Request for Determination of Applicability and Notice of Intent, stating when the meeting will be. The ad shall be placed at least a week prior to the meeting.
What will happen at the Conservation Commission meeting?
The applicant will outline the terms of the project to the Commission and answer any questions that the Commission members may have. You may also have to answer any questions the abutters may have regarding your project.
If you are requesting a Determination of Applicability the Commission will either order a negative or positive determination. A negative determination means that the Ordinance does not apply and you can proceed with your plans. A positive determination means that the Ordinance does apply and you will have to file a Notice of Intent.
If you are filing a Notice of Intent the Commission will either:
Approve and issue an Order of Conditions,
Deny the project, OR
Advise the applicant of needed changes.
If the Commission approves and issues an Order of Conditions, how long is it good for?
A permit is good for three years from the date of issuance. Any permit may be renewed once for an additional one-year period.
When and where are Conservation Commission Meetings held?
Commission meetings are generally held on the second and fourth Thursday of every month at 6:00 PM. In case of bad weather or holidays, you should call the Planning and Development Office at 978-619-5685. The meetings are held in Conference Room 313 in the City Hall Annex located on the third floor at 120 Washington Street, Salem, Massachusetts.
What happens if I do not file?
The Conservation Commission and the state do not look kindly on people who disregard the wetland regulations. Whoever violates any provision of the Act shall be punished by a fine of not more than $200 per day, per the Salem City Ordinance.
What do I do with the Department of Environmental Protection file number?
Any site where work is being done which is subject to this section shall display a sign, of not less than two square feet or more than 3 square feet bearing the words “Massachusetts Department of Environmental Protection File Number 64-...”
Can anyone attend the Conservation Meetings?
Yes. The meetings are always open to the public.
Where can I get a copy of the applications I need?
Applications can be downloaded from the Massachusetts Department of Environmental Protection Website at http://mass.gov/dep/water/approvals/wwforms.htm or at the Department of Planning and Community Development, City Hall Annex, 120 Washington Street, 3rd floor, Salem.
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