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 will: Order 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 can: Order 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.