Obtaining a Wetlands Permit
The Conservation Commission is responsible for reviewing and permitting all work (construction, cutting, grading, or new landscaping) in or near wetlands, ponds, and rivers in the Town of Weston under Massachusetts Wetlands Protection Act (310 CMR 10) and its implementing Regulations. Currently, Weston does not have a local wetlands bylaw; however, the Commission has a 25-Foot No Disturb Zone Policy and Application (PDF).
Permit Process During Coronavirus
On April 3, 2020 in response to the ongoing public health emergency, Governor Baker signed into law mechanisms for Land Use boards and commissions to follow when processing applications, hearings, and permits. During this time, the Conservation Commission will try to process wetland applications within the parameters of this new legislation; however, you must email the Conservation Administrator at conservation[at]westonma.gov before applying.
Note the new checklist requirements that are necessary for the Commission to begin review of your wetland permits under the Mass. Wetlands Protection Act.
- Notice of Intent (NOI) Application Checklist During C-19 (PDF)
- Request for Determination of Applicability Checklist During C-19 (PDF)
Hearing Schedule and Filing Deadlines
Any activity proposed within 100 feet of wetland resource areas (wetlands, ponds, or intermittent streams) or 200 feet from perennial (year-round) streams must be reviewed by the Conservation Commission. The Living with Wetlands brochure (PDF) describes more about the protective zones around ponds, streams and other wetland resources areas in Weston.
If you are planning a project that 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 Department at 781-786-5068.
- Conservation Commission Meeting Schedule (PDF)
- Applicant’s Guide to the Wetland Permitting Process (PDF)
- Abutter’s Guide to Conservation Commission Permitting Process (PDF)
- DEP Wetland Application Forms - link to external site
Request for Determination of Applicability (RDA)
This Application is for minor projects effecting a small portion of the Buffer Zones that will have no impact on the 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. Please review the Checklist for Filing a Request for Determination of Applicability (PDF) for town-specific requirements.
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).
Applicants filing a Notice of Intent must notify all abutters (any landowner within 100 feet of the property line) by certified mail or Certificate of Mailing. View a Request for Certified Abutters List Form (PDF) online.
The Town of Weston does not have a separate filing fee. Only the state fee applies.
An Order of Conditions must be recorded at the Middlesex Registry of Deeds (PDF) in Cambridge, or for registered land in the Land Court, no earlier than 10 business days after the issuance of the Order of Conditions by the Conservation Commission along with proof that no appeal of the Order of Conditions has been filed. The Registry fee for recording or registering shall be paid by the owner or applicant.
Proof of recording this original Order of Conditions must be brought back to the Conservation Commission before the applicant may apply for a Building Permit or commence work on the site.
Closing Out a Permit
To close out a permit, you must submit a Request for Certificate of Compliance. Upon receipt and recording of a Certificate of Compliance signed by the Conservation Commission, the cloud on your title will be released.
Other Wetland Related Laws
Although not administered by the Conservation Commission, there are two wetland-related zoning laws you should be aware of:
- The Wetland and Flood Plain District map (PDF) may be obtained in the Town Clerk’s Office at Town Hall for the cost of $20; note that the Zoning District is different from the vegetated wetland boundary, which is defined by the Massachusetts General Laws, Chapter 131, Section 40
- The Aquifer Protection Overlay District (PDF) (Zoning By-Law Section V-H)
- 25-Foot No Disturb Zone Policy and Application (PDF)
- Checklist for Filing a Notice of Intent (PDF)
- Checklist for Filing a Request for Determination of Applicability (PDF)
- Good Standing Approval (PDF)
- Legal Bill Acknowledgement Form (PDF)
- Living with Wetlands (PDF)
- Middlesex Registry of Deeds (PDF)
- Notification to Abutters (PDF)
- Request for Certificate of Compliance (DOC)
- Request for Certified Abutters List (PDF)
- The Aquifer Protection Overlay District (PDF)
- Weston's Rules for Hiring Outside Consultants (PDF)
- Wetland and Flood Plain District (PDF)
- Wetland Delineation in Snow Policy (PDF)
- Wetlands Protection Act (PDF)
- WPA Filing Fees (PDF)