How do I get a wetlands permit?

The Conservation Commission is responsible for reviewing and permitting all work ("remove, fill, dredge or alter") in or near wetlands, ponds, and rivers in the City of Waltham under Massachusetts Wetlands Protection Act (310 CMR 10.00; the WPA) and its implementing Regulations. "Alteration" is broad and includes tree cutting as well as grading. Currently, Waltham does not have a local wetlands bylaw.

Do I Need to File?
If you are planning work within a jurisdictional area (within 100 feet of  a wetland resource area or 200 feet of a river or perennial stream) you are likely to need to file. Exemptions exist, but you should assume that a filing will be required unless an exemption has been confirmed. PLEASE NOTE: The Commission office staff is only able to make certain basic judgments on the applicability of exemptions. While some exemptions are clear, in many cases the office staff will be unable to conclude if proposed work is exempt or if an NOI will be required. The WPA's RDA process (see below) exists as a standard way to determine if exemptions apply. The outcome of an RDA review by the full Commission will either be a positive determination requiring an NOI, or a negative determination requiring no further action before the Commission. Many applicants find it helpful to hire a consultant with expertise in wetlands permitting to advise them on the most likely outcome of either process and to assist with the permitting.

Filing Guidelines
Any activity proposed within 100 feet of wetland resource areas (wetlands, ponds, or intermittent streams) or 200 feet from rivers and perennial (year-round) streams must be reviewed by the Conservation Commission. If you are planning a project which involves grading, filling, cutting, or building near a wetland resource area and have questions about which permit you should apply for, please contact the Conservation Office at (781) 314-3846.

Request for Determination of Applicability (RDA)
This application is for minor projects effecting a small portion of a buffer zone and which will have no impact on a Wetland Resource Area. It is the simplest and least expensive permit application procedure, one most homeowners can fill out on their own. An RDA results in a Determination of Applicability (positive or negative).

Notice of Intent (NOI)
This application is for projects involving significant work in the buffer zone or any work in a Wetland Resource Area. An NOI is a more detailed permit application that requires professionally engineered plans and results in a permit called an Order of Conditions (OOC).

Abutter Notification
Applicants filing an NOI (but not an RDA) must notify all abutters (any landowner within 100 feet of the property line) by certified mail or Certificate of Mailing. Certified lists of abutters can be requested from the City Assessor.

Filing Fees
An NOI (but not an RDA) requires a filing fee. The City of Waltham does not have a separate filing fee. Only the State fee applies.

Recording Information
An Order of Conditions must be recorded at the Middlesex Registry of Deeds in Cambridge (or for registered land in the Land Court) no earlier than 10 business days after the issuance of the OOC by the Conservation Commission along with proof that no appeal of the OOC has been filed. The Registry fee for recording or registering shall be paid by the owner or applicant.

Closing Out a Permit
To close out a permit, you must submit a Request for Certificate of Compliance (RCOC) with as-built plans. If the project has been completed as permitted, the Commission will issue a Certificate of Compliance (COC). As with an OOC, a COC must be recorded with the Registry by the applicant. Upon recording a COC signed by the Conservation Commission, the "cloud" on your title will be released.