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Obtaining a Wetlands Permit
Why do I need a Permit?
Under the Massachusetts Wetlands Protection Act (310 CMR 10) and the Maynard Wetlands Bylaw, you are required to get a permit if you dredge, fill, or alter the land in any way within the 100 foot buffer zone, or within 200 feet of any perennial (year round) stream. The
Examples of Projects
Examples of projects that may need a permit include but are not limited to:
- Digging, Landscaping, Vegetation Control (this includes invasive species removal)
- Driveway replacement or alteration
- Accessory structures such as decks, sheds, pools or garages
- Drainage improvements or installation of drainage infrastructure
- Tree removal including hazardous trees
- Construction of any kind including replacement of structures
Types of Permits
There are three permits that the Conservation Commission provides to residents, two of which through the Massachusetts Department of Environmental Protection. The Conservation Agent determines which permit is appropriate for each project. Please contact the Conservation Agent prior to filing any of the following documents.
An RDA is a smaller application to complete when you intend to conduct minor work in the Buffer Zone (at least 50 feet from the resource area; minimal or no proposed structures within the buffer zone). You may need to hire an engineering firm or environmental consultant to help you with the application.
APPLICATION CHECKLIST
- RDA Application FORM 2 found on the MassDEP Website
- Locus map of the area (This can be made using The Town's GIS or the State's GIS software)
- Detailed project description of what is being proposed including square footage of project area and specify which buffer zone you are in.
- Plan or sketch showing the following:
- Existing Conditions and Proposed Work (including the limit of work)
- All Wetland Resource Areas within 100’ of the parcel: wetlands, ponds, streams, flood zones, Riverfront Area, etc.
- 200 ft Riverfront Buffer Zone (if applicable) 100’ Buffer Zone & 50’ No Disturb Zone
- Parcel lines
- Structures (i.e. Buildings, stormwater infrastructure, pavement/driveway areas)
HOW TO FILE THE PERMIT
- Send One hard copy of the RDA and attachments to:
- Town Hall Conservation Division 195 Main Street Maynard, MA 01754
- MassDEP Wetlands Division 8 New Bond Street Worcester MA 01606
- Email PDFs of all materials to cero_noi@mass.gov with subject RDA - MAYNARD - PROPERTY ADDRESS (EX. 195 MAIN ST) and CC Conservation@townofmaynard.net.
- The Conservation Division will submit your legal notice to the MetroWest Daily and the applicant will be notified when that the legal notice is submitted. The applicant is responsible for payment directly to the newspaper.
APPLICATION CHECKLIST
- Fill out the application using the MassDEP Portal called EDEP. More information can be found on the MassDEP website.
- In addition to all the MassDEP requirements, The Town of Maynard would like to ensure the following items are found on the Professional Engineer stamped plan showing the following:
- Professional Survey showing existing Conditions (all structures, easements, utilities and landscaped areas) and property lines and wetland resource areas professionally flagged within 100 ft of the project. Topography may be needed on case by case basis
- Proposed Work (including the square footage of disturbance in each buffer zone and proposed erosion controls
- Buffer Zones: 100’ Buffer Zone & 50’ No Disturb Zone; 200 ft Riverfront Area if applicable
- Speak with Conservation Agent about which fee is applicable to your project. This town fee can be found below and is in addition to the State mandated fees.
HOW TO FILE THE PERMIT
- Send one hard copy of the NOI attachments and applicable fees to:
- Maynard Conservation Division 195 Main Street Maynard, MA 01754
- (even if you are using the EDEP) MassDEP Wetlands Division 8 New Bond Street Worcester MA 01606
- Email the EDEP final PDF and of all materials to Conservation@townofmaynard.net
- The Conservation Agent will review the permit and once deemed complete, will give you a hearing date. Be sure to look at the Conservation Commission page for meetings and deadlines.
- Once you have been informed of the date and time for the hearing, you shall notify abutters in accordance with the provisions of 310 CMR 10.05(4)(a). Please contact the Conservation Administrator for a copy of the “Notification to Abutters” form and be sure to include the exact time and date of the hearing and Zoom Meeting information on this form. The Applicant must email copies of the certified mail slips or certificate of mailing receipts for all abutters at one week prior to your hearing.
- The Conservation Division will submit your legal notice to the MetroWest Daily and the applicant will be notified when that the legal notice is submitted. The applicant is responsible for payment directly to the newspaper.
This Administrative Approval does not exempt you, your property, or activities on your property from the Wetlands Protection Act and its Regulations (310CMR 10.00) or the Maynard Wetlands Bylaw. Cutting vegetation, grading, filling, etc. beyond the specific activities cited in this approval, may require a permit from the Conservation Commission. Fees will be required based on the below fee schedule.
You may be qualified for an Administrative approval if your project falls in one of the following:
WITHIN A RESOURCE AREA
- The proposed work has received an Order of Conditions or other Wetlands Permit from the Conservation Commission (permit number_________). See OOC for specific conditions.
- Removal of 1-2 HAZARD TREES within natural areas if the tree(s) appears to the Agent to be unsafe (likely to damage a human, house, or structure), the tree(s) may be cut flush with the ground but shall not be grubbed (roots shall remain). No equipment shall enter a wetland. The top of the tree may be dropped and remain on site (though not in or across any water body) or may be removed from the site.
- Work involves maintaining, repairing, or replacing an existing structure. No filling or grading is proposed.
WITHIN A BUFFER ZONE
- Installation of pervious (unpaved, wood-chipped, or gravel) pedestrian walkways for private use.
- Fencing, stonewalls, or stacks of cord-wood that do not bar wildlife movement.
- Plantings of native species of trees, shrubs, or groundcover, but excluding turf lawns.
- Conversion of impervious surfaces to vegetated surfaces such as lawn, shrubs, and trees.
- Removal of up to 2 trees from a landscaped/lawn area, if no equipment enters a wetland and the tree is removed from the site. Grinding of the stump is allowed if the grinding area is compacted and seeded the same day.
- On _______________, the Conservation Commission discussed your proposed activity and determined that the project will not alter an Area Subject to Protection (wetland, river, pond, marsh, etc.) The following conditions apply
- Work involves maintaining, repairing, or replacing an existing structure. No filling or grading proposed.
2023 CONSERVATION FEE SCHEDULE
| This applies to all permits and only checks are accepted. Checks may be made out to the Town of Maynard with subject CONSCOM PERMIT | ||
| TYPE OF WORK | 100 FT WETLANDS BUFFER ZONE | 100-200 RIVERFRONT |
| Type 1: Vegetation control or vista pruning (Exempt Invasive Species only removal) | $100 | $50 |
| Type 2: driveway replacement or any minor work associated with a single family home such as accessory structures or modifications to existing structure | $200 | $150 |
| Type 3: Pools, single family home addition or garages, decks; commercial property maintainence activities or drainage updates | $250 | $150 |
| Type 4: tree removal (per live tree) dead and hazardous trees are exempt | $100 | $50 |
| Type 5: single family home construction, subdivision per house, commercial redevelopment per building on disturbed land | $1500 | $1000 |
| Type 6: single family home construction, subdivision per house, commercial development per building on undisturbed land | $2000 | $1500 |
| if a project includes multiple activities, the highest fee must be paid, if RDA denied no additional fees shall be processed for NOI. | ||
Additional Fees | ||
| Certificate of Compliance | $50 | |
| Certificate of Compliance on expired OOC | $100 | |
| OOC Extension | $50 | |
| post-violation filing of RDA or NOI | Additional $100 added to above work | |
| Administrative Approval that does not include the above activities | $50 | |
| Stormwater Waiver Fee | $30 | |
| Stormwater Permit (if waiver denied, fee would be $20) | $100 | |