(Marbled Salamander)

HOMEOWNER'S RESPONSIBILITIES
It is the homeowner’s responsibility to obtain a ‘permit’ from the Conservation Commission whenever he/she plans to remove, fill, dredge or alter any bank, riverfront area, fresh water wetland, coastal wetland, beach, dune, flat, marsh, meadow or swamp bordering on the ocean or on any estuary, creek, river, stream, pond, or lake, or any land under said waters or any land subject to tidal action, coastal storm flowage, or flooding.

The homeowner or its representative shall submit a Request for a Determination of Applicability prior to applying for a building permit to determine if it is within the Commission’s jurisdiction or when the work area is within 100 feet of the protected area. This is called the buffer zone. Common activities include but are not limited to installing an above- or in-ground pool, shed, garage or addition. A determination will be made and sent to the Building Department. 

When the work to be performed is in the wetland the homeowner or his/her representative must submit an application to the Conservation Commission and the Department of Environmental Protection (the Department). “This Notice of Intent application provides the Conservation Commission and the Department with a complete and accurate description of the site, including the type and boundaries of resource areas under the Wetlands Protection Act, and the proposed work including all measures and designs proposed to meet the performance standards described in the Wetlands Protection Act Regulations, 310 Code of Massachusetts Regulations (CMR) 10.00, for each applicable resource area.”[1]

NOTICES OF INTENT REQUIREMENTS
Two copies of the Notice of Intent (NOI) and two sets of any plans are required. A check made out to the Town of Mendon in the amount specified for the project type per the Wetlands Filing Fee Calculation Sheet included in the NOI. [Link to DEP Wetland permits WPA form 3 NOI]

ORDERS OF CONDITION
An Order of Conditions (permit) will be issued based on the findings. The Order is valid for three years. It may be extended for up to three years if a valid Order is in effect. The Order of Conditions and Extension Permit for Orders of Conditions must be recorded with the Registry of Deeds in Worcester. [link to Worcester Registry of Deeds] A copy of the recorded document must be given to the Conservation Commission.

Once the work has been completed, the engineer or homeowner must Request a Certificate of Compliance.  The engineer shall submit an as-built drawing as well as confirm in writing that the work has been completed in accordance with the Order. The majority of the Commission must sign and issue either a partial or complete Certificate of Compliance. It is the homeowner’s responsibility to record the Certificate with the Registry of Deeds in Worcester. [Worc. Registry of deeds http://www.worcesterdeeds.com/]. The homeowner must provide the Conservation Commission with a copy of the recorded Certificate. 

There will be a fee of $50 for re-issuance of Certificates of Compliance.

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[1] Taken from NOI instruction form