Notice of Intent (NOI) Process

 It is recommended that you hire a wetland scientist, landscape planner, or an engineer to assist you with preparing the permit application.
 
NOI Documentation Requirements and Submission:
  • Two (2) copies of WPA Form 3 (NOI), all pertinent and required documents including the narrative & plans are received. 
    • (Applications are due by noon on Thursday, 21 days in advance of the Commission’s meeting)
    • Narrative of project is received.
    • Local fee, local portion of state fee, legal ad fee received in separate checks
  • Notice of Intent for Single Family Dwellings:
    • House: $300.00Minor Project: $ 75.00
      • Including additions, swimming pools, sheds
  • Notice of Intent for Subdivisions:
    • $750.00 and $3.00 per foot of roadway sideline within 100 feet of a resource area, and $.75 per square feet of wetland disturbance, and $.03 per square foot of flood plain or buffer zone disturbed.
  • Notice of Intent for Multiple Dwellings:
    • Dwelling Structures: $750.00 and $150.00 per unit.
    • All of which lie within 100 feet of a resource area.
    • Minor Projects: $150.00 each
      • Including tennis courts, barns, swimming pools, recreation buildings, garages, utility or storage buildings, security buildings.
  • Notice of Intent for Commercial and Industrial Projects:
    • $750.00 and $.75 per square foot of wetland disturbance, and $.03 per square foot of flood plain or buffer zone disturbed
    • DEP File Number assigned and Received. (Conservation cannot vote without a DEP File#
  • Legal Ad Fee:
    • One Week in the Halifax Express/Express Newspaper $ 45.00.
Conservation Commission Office will:
  • Determine and scheduled hearing date.
  • Place the Notice of Public Hearing Legal Ad.
  • Notice of Intent (NOI) will be added to agenda.
  • Notice of Public Hearing Distribution Memo will be emailed to all appropriate Departments for “Comments, Questions or Concerns” prior to hearing.
  • Notice of Intent (NOI) Public Hearing Confirmation/Receipt will be emailed to applicant and/or it’s representative.
  • Certified Abutter Notices and green cards or Certificate of Mailing must be received from applicant/representative. (Can be submitted at hearing)
  • Notice of Intent (NOI) Hearing will be held.
 
Hearing: A DEP File Number must be assigned by Mass.DEP (Conservation cannot vote without)
  • Conservation Commission will determine if a Peer Review is Required.
    • If a peer review is required by the the Conservation Commission, the plan will be submitted to an approved Peer Review Engineer of their choice.
    • The payment for the peer review is the responsibility of the applicant/representative.
    • A check made out to the Town of Halifax will be submitted to the Conservation Commission and held in a revolving account.
    • The Conservation Commission will be responsible for payment once an invoice is submitted by the Peer Review Engineer.
    • All unused money will be returned to the applicant/representative by the Conservation Commission.
  • Conservation Commission will determine if additional Order of Conditions (OOC) to the General Order of Conditions are required:
    • Negative Determination:
      • The General Order of Conditions will be attached to the Order of Conditions (OOC).
      • Order of Conditions (OOC) will be issued by Conservation office.
      • Board Signs Order of Conditions (OOC).
        • Three (3) board signatures are required on Order of Conditions (OOC) signature page.
    • Positive Determination:
    • Additional Order of Conditions determined (OOC)by the Conservation Commission during the hearing will be attached along with the General Order of Conditions to the Order of Conditions (OOC). 
    • Order of Conditions (OOC) will be issued by Conservation office.
    • Board Signs Order of Conditions (OOC).
      • Three (3) board signatures are required on Order of Conditions (OOC) signature page.
 
  • Ten (10) Day Appeals period:
    • No work shall commence until after the 10-Day Appeals period.
 
After the Hearing:
  • WPA Form 5: Order of Conditions (OOC)
    • An Order of Conditions (OOC) will be issued by Conservation office.
      • The Order of Conditions (OOC) expires three (3) years from commencement date. (See Page 5, #6 of OOC for expiration date)
      • Order of Conditions (OOC) must be recorded at the Plymouth Registry of Deeds.
      • Once Conservation drafts the Order of Conditions (OOC):      
        • The detailed conditions determined by Board (if any) will be attached to the Order of Conditions (OOC) permit
        • The General Conditions will be attached to the for the Order of Conditions (OOC) permit
        • Registry of Deeds Cover Letter will be attached to the Order of Conditions (OOC).
 
  • When the Order of Conditions (OOC) is complete
    • Applicant/Representative willOrder of Conditions (OOC) is required to be recorded at the Plymouth County Registry of deed.
      • Initial & sign Conservations Certificate of Understanding Conditions and Restrictions in Wetlands and Buffer Zones.
      • Pick-up the Order of Conditions (OOC) from the Conservation Commission office.
        • Sign a release waiver.
      • Bring the to be recorded at the Plymouth County Registry of deed.
      • Return to Conservation Office the “Proof of Recording”.
 
  • Conservation Office will:
    • Email copy of Order of the Conditions (OOC) to DEP.
    • Email copy to applicant and/or representative.
    • Notify applicant and/or representative when Conditions (OOC) is returned from Registry of Deeds.
    • Keep the original in the Conservation Files. 
      • Per Mass. Retention Law, OOC must be retained by the Conservation Commission will retain until the Certificate of Compliance (COC) has been issued and recorded at the registry of deeds.
 
  • Project is NOT completed, and Order of Conditions (OOC) requires an Extension: (Extension request Applications must be submitted to the Conservation Commission 30 days prior to the expiration date.)
    • Applicant/Representative shall submit to the Conservation Commission, 30 days prior to the expiration date an Order of Conditions Extension Application WPA Form 7 for the existing Order of Conditions.
    • When the Order of Conditions Extension (OOC) is complete
      • Applicant/Representative canOrder of Conditions (OOCExt) is required to be recorded at the Plymouth County Registry of deed.
        • Initial & sign Conservations Certificate of Understanding Conditions and Restrictions in Wetlands and Buffer Zones.
        • Pick-up the Order of Conditions (OOCExt) from the Conservation Commission office.
        • Sign a release waiver.
        • Bring the to be recorded at the Plymouth County Registry of deed.
        • Return to Conservation Office the “Proof of Recording”.
 
  • Project is completed:
    • Certificate of Compliance (COC)A final Inspection/site-visit is required by the Conservation Commission or its Agent prior to the finalization of the COC.
      • A request for Certificate of Compliance (COC) is submitted to the Conservation Commission:
        • Certificate of Compliance (COC) Filing Fee:  $75.00.
      • As-built plan received by Conservation and reviewed by the Conservation Commission or its Agent.
 
  • Once the final inspection/site-visit is completed.
    • Certificate of Compliance signed.
      • Three (3) board signatures are required on Certificate of Compliance COC).
    • Add COC to upcoming agenda for “Vote and Signatures”.  Certificate of Compliance (COC) is required to be recorded at the Plymouth County Registry of deed.
    • Return to Conservation Office the “Proof of Recording”.
    • Bring the to be recorded at the Plymouth County Registry of deed.
    • Sign a release waiver.
    • Pick-up the Certificate of Compliance (COC) from the Conservation Commission office.
    • Initial & sign Conservations Certificate of Understanding Conditions and Restrictions in Wetlands and Buffer Zones.​​
 
  • Conservation will:
    • Email a copy of Certificate of Compliance (COC) to DEP.
    • Email copy to applicant and/or representative.​​​​​​​
    • Notify applicant and/or representative when Certificate of Compliance (COC) is returned from Registry of Deeds.
    • The original will be kept in Conservation Files. 
      • Per Mass. Retention Law, the Conservation Commission will retain the Certificate of Compliance (COC) until it has been recorded at the registry of deeds.