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TOWN OF HAMILTON

Conservation Commission

Conservation Commission Office & Agent

If you need to contact a member of the Conservation Commission or the Conservation Agent please contact the office at 978-626-5247, ext. 70247, or [email protected]  The Conservation Commission Office is located on the 2nd floor of Town Hall, and is currently staffed on Wednesday, & Thursday from 9 am – 2 pm.

Commission Meetings

Commission meetings are the second and fourth Wednesdays each month, with some exceptions. All meetings are currently being held remotely. Please check agendas here or call the office for most current information. 2023 meeting schedule.

 

GUIDELINES AND INSTRUCTIONS FOR APPLICANTS

IN THE TOWN OF HAMILTON

The Commission uses the Massachusetts Department of Environmental Protection (DEP) wetlands applications. You can find Wetlands Protection Act forms, and instructions at the direct link below https://www.mass.gov/lists/wetlands-permitting-forms

REQUEST FOR DETERMINATION  WPA FORM 1

WPA Form 1- Request for Determination (also referred to as an “RDA”) can be used for smaller projects.  A smaller project is one where (1) all the work  is no closer than 75 feet from the edge of wetlands, or (2) no more than 400 square feet of ground surface is disturbed in an area that is between 50-100 feet away from wetlands.

(Please note the delineation of the wetland line is the applicant’s responsibility. Call 978-468-5583 or email the Commission Coordinator [email protected] for more information on wetlands delineations. )

A scaled sketch plan of the work area, with the setbacks to wetlands from the work area clearly and accurately shown, will be a required part of the RDA application.

There is no state fee for filing an RDA, but the Hamilton Conservation Commission will collect a local fee, pursuant to the Town Conservation Bylaw, of $125.00 payable to “Town of Hamilton”.  The fee is due at time of filing.  No action will be taken on any RDA without the filing fee.

There is no abutter notification requirement for an RDA; however, Applicants must pay the cost of publication of a legal notice as required by the Wetlands Protection Act and Conservation Bylaw.

 

NOTICE OF INTENT WPA FORM 3

Applicants for all other projects must use the WPA Form 3- Notice of Intent (also known as an

“NOI”).

The NOI form is complex and the Commission encourages applicants to consult experts to assist them in the preparation of the required plans and application materials.  A link to a list of consultants is here:

 https://www.hamiltonma.gov/wp-content/uploads/2017/01/wetland-consultslist.pdf

The list is provided as a convenience; applicants are free to retain the services of any competent wetlands consultant.  Consultants who wish to be added to the list please contact the Commission Agent:  [email protected].

NOI Filing Fees must be paid at time of filing.   The method for determining state fees is shown in the NOI instructions.  The appendix to the Commission’s regulations lists the total local fee that must be added to add to the state fee.  The regulations are here, the Appendix is on the last two pages.

http://hamiltonma.virtualtownhall.net/Pages/HamiltonMA_Conservation/wetlandsregulations.pdf.

NOI applicants are required to notify all abutters within 300 feet of the property where the work will take place.  Obtain a certified list of abutters within 300 feet of the parcel where the work is proposed to take place from the Hamilton Board of Assessors.

The abutter notice must be by certified mail, return receipt requested, or by certificate of mailing.  The form of the abutter notice is described in the NOI instructions.

NOI applicants must pay the cost of publication of a legal notice as required by the Wetlands Protection Act and Conservation Bylaw.

SCHEDULING OF MEETINGS, SITE WALKS, RECORDING PERMITS

Typically, the Commission acts on completed NOI’s and RDA’s within 2-6 weeks of filing.

A site walk by the full Commission is required for some applications.  Those applications not needing a full Commission walk will be inspected by the Agent.  Applicants will be notified by mail or email of site walk dates and times.

All permits are issued by the Agent as soon as possible, and within the statutorily required time period, which is 21 days from the date of the Commission vote to issue the permit.  Some, but not all, of the Commission’s permits must be recorded at the Registry of Deeds in Salem, MA http://www.salemdeeds.com.  Failure to record a permit is a violation of the terms of the permit, and may result in sanctions under state and local law.

 

CERTIFICATES OF COMPLIANCE

A Certificate of Compliance is required for some projects.  Certificates require a final inspection and vote by the Commission.  Contact the Agent for more details on Certificates of Compliance [email protected].