Request for Determination of Applicability (RDA)
When to file a Request for Determination of Applicability (RDA) WPA Form 1: RDAs are used for small projects outside and/or inside a wetland area where the applicant requests the Conservation Commission to determine if the Wetlands Protection Act or the Town Wetland Bylaw is applicable to the proposed work activity.
What is a Wetland?
- Wetlands are areas where water covers the soil or is present either at or near the surface of the soil all year or for varying periods of time during the year, including during the growing season.
- Water saturation (hydrology) largely determines how the soil develops and the types of plant and animal communities living in and on the soil.
- Wetlands may support both aquatic and terrestrial species.
- The prolonged presence of water creates conditions that favor the growth of specially adapted plants (hydrophytes) and promote the development of characteristic wetland (hydric) soils.
- RDAs are used for projects outside wetland areas where the applicant requests that the Conservation Commission determine if the Wetlands Protection Act or the Town of Halifax Wetland Bylaw is applicable to the proposed work activity.
- Prior to altering any existing conditions or conducting work within any resource area an RDA should be filed.
- Projects with proper protective measures, such as siltation fence, may be dispositioned using an RDA.
Request for Determination of Applicability (RDA) Application Form WPA 1
- Include with your RDA application submission a sketch/drawing of the work-site and pictures of any tree removal, plant removal, etc... Include the reason for any removals)
An RDA must be filed with the Conservation Commission to receive a "Determination of Applicability (DOA)".
The Request for Determination of Applicability provides applicants with the option of seeking a determination whether the Wetlands Protection Act applies to a proposed site or activity.
- If your project (existing or proposed) requires a Waterways license or other authorization or permit, but you fail to obtain one, you may be subject to penalties and/or removal of the project.
This determination is intended to:
- Answer with certainty whether a Waterways license or other authorization or permit is required, which can be recorded against the chain of title for the property subject to the determination.
- Identify whether a project site is located within Chapter 91 jurisdiction and/or whether a project or activity requires a Waterways license or other authorization under 310 CMR 9.00, the regulations which implement MGL Chapter 91, the Public Waterfront Act. Chapter 91 authorization generally must be obtained for the placement of structures and fill, changes in use of existing licensed structures and fill, and dredging in current and certain former state waterways, as required under 310 CMR 9.02-9.05.