2024 Proposed WPA After The Fact Bylaw

ARTICLE 28: To see if the Town will amend Chapter 233 of the Code/Bylaws of the Town of Hull, Conservation, by adding the following new sections, to be numbered as indicated or by the Town Clerk:

A. § 233-6. [Procedures.]Unless otherwise exempted by law, applications for a hearing before the Conservation Commission are required and a hearing held, before conducting any activities that may impact natural resources protected by the Massachusetts Wetlands Act (G.L. C.131, §40) and/or other applicable law. These procedures are detailed in 310 CMR 10.05 and other applicable law. After- the-fact applications for the following procedures have additional Conservation Commission administrative fees:

Notice of Intent (NOI)

A NOI is a standard application for a proposed activity which is likely to impact on a site or nearby wetland resource areas. The Conservation Commission is the town appointed body responsible for review of a NOI. The information supplied with the NOI is the primary data base used in making decisions on wetlands projects. Complete and accurate submissions minimize possible delays to secure necessary information.

Request for Determination of Applicability (RDA)

Any person who would like a formal decision as to whether the Conservation Commission has jurisdiction over a specific area or a proposed activity (or both) may file a RDA with the Conservation Commission.

B. § 233-7. [After-The-Fact Fees.]

Payments to the Town of Hull in accordance with the fee schedule established herein or otherwise provided for by law shall accompany all after-the-fact NOIs and RDAs. Fees are payable at the time of application and are nonrefundable. The applicant is responsible for payment of the fee or cost to provide public notice for publishing in the local newspaper.

After-the-Fact Fee Schedule:

Filing fee for any after-the-fact RDA and NOI shall be in addition to the Commonwealth of Massachusetts fee (310 CMR 10.03(7) associated with the NOI application (Mass Dept. of Environmental Protection WPA Form 3), set forth as follows:

Requests for Determination             $ 50.00 of Applicability

Notice of Intent*     Category 1      $100.00 

                               Category 2      $275.00

                               Category 3      $550.00

                               Category 4      $750.00

                               Category 5      $3.00/ foot   (Not less than $100.00)

                               Category 6      $3.00/ foot   (Not less than $100.00)

*[Notice of Intent Categories (from Mass DEP Form wpa3inst.doc, ref. 1/03/13):

CATEGORY 1: $100.00- Work on Single Family Lot: addition, pool, etc.

Site work without house, Control vegetation (SFH): removal, herbicide, etc., Resource improvement., Work on septic system separate from house.Monitoring well activities minus roadway.

CATEGORY 2: $275.00-Construction of Single Family House (SFH)., Parking lot. Beach nourishment., Electric Generating Facility activities. Inland Limited Projects minus road crossings.New agricultural or aquacultural projects. Each crossing for driveway to SFH. Any point source discharge.

CATEGORY 3: $550.00 Site preparation (for development beyond NOI scope). Each building (for development) including site.Road construction not crossing or driveway.Hazardous clean up.

CATEGORY 4: $750.00 Each crossing for development or commercial road. Dam, sluiceway, tidegate work, Landfill. Sand and gravel operation. Railroad line construction.Control vegetation in development (SFH).Bridge (SFH). Water level variation.Hazardous waste alterations to resource area.Dredging. Package treatment plant & discharge

CATEGORY 5: $3.00 per linear foot ($100.00 minimum)

a) Docks, piers, revetments dikes, etc.

CATEGORY 6: $3.00 per linear foot ($100.00 minimum)

a) Boundary delineations for wetlands resources or take any other action relative thereto.  (Inserted by the Climate Adaptation & Conservation Department)