Notice of Intent
A Notice of Intent (NOI) is for large projects that involve soil disturbances, either in the buffer zone or in a Wetland Resource Area. This is a more detailed permit application that may require professionally engineered plans and results in an Order of Conditions (OOC) permit. The process usually takes 1 to 2 months, however if there are several projects on the agenda or if there are complications or discrepancies with an application it can take longer. The permit is valid for 3 years from the date of issuance, and may be extended for 1 year on request. To determine your filing fee, view the Filing Fee Worksheet.
STARTING THE PROCESS
Get the Notice of Intent, WPA Form 3 and the NOI Applicant Checklist. Most projects will require professionally engineered plans and other application information. You may need to obtain a waiver from municipal Wetland Bylaw and/or Regulations (if applicable). All applicants proposing work in a Wetland Resource Area or No Alteration Zone must submit a Waiver Request Form with their application. Call 508-532-5460 or email firstname.lastname@example.org to make an appointment and receive other forms that are needed, recommendations, etc.
Complete & Deliver Paperwork
Submit eight copies of the forms (no binding) and plans (folded) and digital copies of each as described in the checklist to the Conservation Office and mail one copy to the state agency Massachusetts Department of Environmental Protection (DEP). To expedite this process, use eDEP to fill out your application then print copies as described to submit to the Conservation Office and submit your application to DEP online. Once Conservation Staff confirm your application is complete, you will be given your hearing date and time. Hearings are usually held on the 1st and 3rd Wednesday evenings of each month. The state will issue a file number for your project. Filing deadlines are 2 weeks prior to the hearing, but we recommend submitting 3 weeks in advance to ensure your paperwork has been properly filed.
DEP has an established application fee depending on the category that you file under. If you are within Riverfront Area, the fee gets multiplied by a factor of 1.5. A portion of the total fee gets divided. A portion of that fee goes to the state (half of the full filing fee, then subtract $12.50) and the rest goes to the city.
The City of Framingham has an additional filing fee. This fee matches the total filing fee under the State Act plus $50 for the Certificate of Compliance (COC) that you apply for to close out the permit. Please submit the checks for the city filing fees to the Conservation Office. Checks can be made out to City of Framingham.
REQUEST ABUTTER List
You will be required to fill out an Abutter Request Form and obtain a Certified List of Abutters from the Assessor’s Office for:
- Work on single family homes or on lots that are less than 50 acres, fill in 100 feet for the radius.
- Work within Land Under Waterbodies and Waterways, and on lots that are more than 50 acres, provide a map with your request to the Assessor’s Office showing project area. Radius will be 100 feet from the project site as shown on the attached maps.
- Linear shaped projects that are longer than 1,000 feet in length, all abutters within the project site must be notified and provide a map with the Request to the Assessor’s Office and write linear on the request where space allows.
Applicants must notify all abutters, which will be shown on the Certified List of Abutters, obtained from the Assessor’s Office. Abutters must be notified either in person or by certified mail or certificate of mailing within seven business days. Use the sample letter for the mailings and the signature sheet for in-person notification. By the night of the meeting, you will need to email email@example.com the proof of notification (mail receipts and/or signatures) and the Affidavit of Service.
Schedule a Site Visit
Call 508-532-5460 or email to schedule a pre-hearing site visit with Conservation staff.
Attend the Hearing
Prepare to present your project. Submit proof of notification to abutters and Affidavit of Service to Conservation Staff at the hearing or digitally. At the hearing, the Conservation Commission will determine how the project will affect the resource area(s). They may ask questions about your project and/or continue the project if further information is needed. They will issue a decision based on information presented to them. An Order of Conditions (OOC) permit with any agreed upon conditions will be issued within 21 days of the close of the hearing. This can either be mailed to you via certified mail with return receipt, or you may arrange to pick it up at the Conservation Office.
RECORD YOUR ORDER OF CONDITIONS
You must have your Order of Conditions (OOC) recorded at the Middlesex South Registry of Deeds in Cambridge before you can start any work. This is required by state law before you start work.
Note: You cannot start work on you project immediately. You must record your Order of Conditions at the Registry of Deeds, wait out a 10-day appeal period, and complete a pre-construction meeting.
Schedule a Pre-Construction Meeting
Before starting construction, call 508-532-5460 or email firstname.lastname@example.org to schedule a pre-construction meeting with Conservation Staff. You will need:
- A copy of your recorded Order of Conditions (OOC)
- Contractor/consultant on site
- DEP File # sign
- Erosion controls installed or staked out
Request a Certificate Of Compliance
Close out your permit when your project is completed. To request a Certificate of Compliance (COC), you must hire a professional engineer to submit an as-built plan, WPA form 8A, and letter stating if the project is in compliance or if there are any deviations. These materials must be submitted in paper to the Conservation Office and pdf format to email@example.com. Please call 508-532-5460 for more information.