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Request for determination of Applicability (RDA) Process

RDA Documentation Submission:
  • Two (2) copies of WPA Form 1 (RDA) & plans are received. (Applications are due by noon on Thursday, 21 days in advance of the Commission’s meeting)
  • Narrative of project is received and reviewed.
  • Local filing fee received.
    • Single Family Residence: $ 75.00 New Commercial: $375.00
    • Additions to Existing Commercial: $225.00
  • Legal Ad Fee received.
    • One Day in the Brockton Enterprise $ 150.00
    • One Week in the Halifax Express $ 45.00
  • One (1) Electronic copy of WPA Form 1 (RDA) form and plan received.
Conservation Commission Office:
  • Determine and scheduled hearing date.
  • Place the Notice of Public Hearing Legal Ad.
  • Add Request for determination of Applicability (RDA) to agenda.
  • Email the Request for determination of Applicability (RDA) Notice of Public Hearing Distribution Memo to all appropriate Departments for “Comments, Questions or Concerns” prior to hearing.
  • Email the Request for determination of Applicability (RDA) Public Hearing Confirmation/Receipt to applicant and/or representative.
  • Hold the Hearing. 
  • Determination of Applicability (DOA) is determined by Board.
During Hearing: 
  • The Board will provide a "Negative" or "Positive" determination to the Request for Determination of Applicability (RDA)
  • Determination of Applicability (DOA): Within 21 days after the date of receipt of the Request for a Determination of Applicability (RDA), the conservation commission shall issue a Determination of Applicability, (DOA WPA Form 2).
    • Negative Determination:  The project may go forward.
      • Given a Negative Determination of Applicability by a conservation commission,
      • The Board will Determine if any additional conditions are required.
      • Board Signs.  Three (3) board signatures are required.
    • Positive Determination:
      • Given a positive Determination of Applicability by a conservation commission, the applicant must submit a Notice of Intent (NOI).
        • No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection).
      • A Notice of Intent (NOI) filed as a result of a positive determination shall be filed with the conservation commission, and all procedures set forth in 310 CMR 10.05(4) shall apply.  (See Notice of Intent (NOI) Filing Process)
      • Board Signs.  Three (3) board signatures are required.