FREQUENTLY ASKED QUESTIONS
Q. When do I need to file an application with the Conservation Commission?
A. You need to file an application if you are doing any work within a resource areas or within 100 feet of a wetland resource area or within 200 feet of a river or if the proposed work is deemed by the Conservation Commission to likely have a significant or cumulative detrimental effect upon a resource area.
Q. What is a wetland resource area?
A. In accordance with the Town of Duxbury Wetlands Bylaw, a resource area is defined as any of the following:
Land under water bodies, including but not limited to the ocean, ponds, lakes, rivers, streams, creeks, estuaries, and banks
Land bordering on the ocean, including but not limited to beaches, dunes, tidal flats, coastal bank, salt marshes, and salt meadows
Land subject to flooding or inundation by groundwater or surface water, including but not limited to freshwater wetlands, beaches, wet meadows, swamps, bogs, vernal pools, reservoirs or isolated wetlands
Land within 100 feet of any of the aforementioned resource areas
Land subject to coastal storm flowage, including but not limited to the coastal floodplain as set forth on the Flood Insurance Rate Maps (FIRM)
Land within 200 feet of any river, stream, or creek continuously flowing throughout the year toward a body of water.
Q. What if I don't know if my proposed project is near a wetland?
A. If you are unsure, you should contact the Conservation Administrator.
Q.There are two different permit applications how will I know which one to file?
A. When you submit a building permit application to the Building Department, or an application to the Board of Health, or an application to the Planning Board or Zoning Board of Appeal, that application request is forwarded to the Conservation Department and the Conservation Administrator will determine whether you should file a Request for Determination of Applicability (RDA) or a Notice of Intent (NOI).
Q. What is a Request for Determination of Applicability (RDA)?
A. RDAs are used for small projects outside wetland areas where the applicant requests the Conservation Commission to determine if the Wetlands Protection Act or the Town Wetland Bylaw is applicable to the proposed work activity. Prior to altering existing conditions or conducting work within any resource area a RDA should be filed. Minor projects with proper protective measures, such as siltation fence, may be dispositioned using a RDA. Minor projects may include construction of a deck on pilings that are installed by hand.
Q. When is a Notice of Intent (NOI) filed?
A Notice of Intent must be filed for any activity proposed within a resource area, which involves expansion or change in use or significant excavation and/or alteration of existing grades, soils and vegetation. NOIs are required for large projects, such as septic repairs, house construction, and site work or vegetative cutting with machinery.
Q. What if I am having difficulty filing out the application?
A. Contact the Conservation Department and the staff can assist you with completing the application.
Q. After I submit my application, how long will it take to get a permit?
A. The time clock starts ticking the moment a completed application is brought in, with the emphasis is on complete. The Conservation Commission has twenty-one days to review an application and hold a public hearing. Once you submit your application to the Conservation Department a public hearing will be scheduled for the next available Conservation Commission meeting. The Commission usually meets every other week unless otherwise posted. In order to get on the agenda for a particular meeting a new application must be submitted to the Conservation Department by noon on the Wednesday, two weeks in advance of a scheduled meeting.
Upon review of the application, the Conservation Commission may decide it needs additional information in order to make an informed decision. If this is the case, the hearing may be continued. After the hearing is closed the Conservation Commission has 21 days to issue a permit.
Q. How do I notify abutters?
A. If an application requires abutter notification, the Town Assessors Office will provide you with a list of abutters. All abutters must be notified about the date and time of the public hearing via certified mail or hand-delivery.
Q. Can I cut down trees in or near a wetland?
A. Not without checking with the Conservation Administrator first. Even dead trees prevent erosion and host wildlife. Not all tree cutting requires a filing, but all tree cutting in the buffer zone requires checking with the Conservation Administrator.
Q. I have a permit, but there has been a change of plans. What do I do?
A. Submit a request in writing that includes a brief narrative about your change. The Conservation Administrator will review your request and determine if you need to file a formal amendment to the Order of Conditions. If an amendment to the Order is needed then a hearing will need to be scheduled and advertised and abutters notified.
Q. What lawn chemicals are safe to use near a wetland?
A. The Conservation Commission prefers that No herbicides, pesticides or fertilizers are used within 25 feet of any resource area. The Commission requires that no new lawns be constructed within 25 feet of a resource area.
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