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.