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- Requests for Determination of Applicability (RDA)
Requests for Determination of Applicability (RDA)
Reasons to file for an RDA:
- To determine whether the Wetlands Protection Act applies to land or work that may affect a resource area and/or determine the boundaries of the resource area.
- For work proposed entirely in a buffer zone that is designed to meet certain performance standards and may be eligible for a Negative Determination of Applicability.
- For work in the Riverfront Area to identify the scope of alternatives to be evaluated under §10.58(4)(c)(2).
- To determine the boundaries of resource areas and the buffer zone relative to the application of herbicides in the buffer zone under §10.03(6)(b).
Procedure for filing an RDA
- Provide the Request on Form 1 (Form 1 Instructions) and the Town Bylaw permit application (no need to fill out the abutter request form on pg 6 or 7 for RDAs.
- Include enough information for the Commission to locate the site (examples include a site plan designed by an engineer, or plat and lot image from the town GIS site).
- Submit 2 hard copies and one electronic copy of both Form 1 and the town bylaw permit application to the conservation office.
- Provide proof that both the owner of the property (if different from you as the applicant) and the Department of Environmental Management (DEP) have been notified by mail.
- To notify DEP send a copy of your Form 1 to the DEP Central Office by mail. Their address is: MassDEP Central Regional Office - Worcester, 8 New Bond Street, Worcester, MA 01606
- DEP also appreciates if you send a copy to their email: cero_noi@mass.gov, but it is not legally required
- Once you submit a complete application, the conservation agent will contact The Woonsocket Call. The Call, a locally circulated daily newspaper, will provide our office with a quote to post the notice of the public meeting in the newspaper. Once notified by the conservation office of the quoted cost, you as the applicant are responsible for writing a check to the Town of Bellingham in the specified amount (cost is dependent on the project description but is typically around $90/100). The town will be billed by the newspaper at a later date and use the account funded by your check to pay the billed amount. The conservation office must have the requested amount in hand prior to your project being heard by the conservation commission at a regularly scheduled meeting.
- You will be notified of the date your application will be heard on. You must attend the meeting to describe your project to the Commission. Typically a decision for an RDA will be made at the first meeting unless there are extenuating circumstances and both parties agree to a continuation to a later meeting date if more information is needed or the seasonal timing does not allow for appropriate analysis
FAQs
- Do the applicant's plans need to be prepared by an engineer?
- No, not unless the commission specifically requests it.
- What fees are the applicant in charge of?
- There is no state filing fee for the application but there is a local bylaw fee. Amount is based on the project and can be found on the form.
- The applicant is in charge of also paying for the publication of the meeting notice.
- What happens after I submit my RDA?
- Within 21 days, the the commission must have the submitted RDA on their agenda. The public meeting notice is advertised 7 days before the public meeting date and can be seen in 'The Woonsocket Call'.
- From the public meeting date, the Commission must visit the site and issue a response within 21 days.
- If the commission has a problem meeting the deadline, they may request an extension from the applicant; however, the applicant does not have to agree to the extension.
- Do I only need to attend one public meeting?
- Depending on the filing, if the commission and the applicant agree, the RDA could be continued for as many meetings as necessary. This could be due to weather conditions, visibility of the site, or determining if the RDA is better suited as an NOI.
- What happens when the Commission makes a decision?
- The Commission will issue a Positive or Negative Determination of Applicability (DOA). They will make this determination based on the amount of information that is given to them.
- How long is the Determination of Applicability (DOA) valid for?
- 3 years except when fraud is proven or there is a mutually agreed upon factual error.
- 5 years if the DOA is made under the Department of Agricultural Resources' Rights of Way Management regulations in regards to herbicide applications (310 CMR 10.03(6)(b)).
- When can I start work?
- Work cannot begin during the 10 day appeal period following the issuance of the DOA by the Commission. The regulations provide 35 days for DEP to act on appeals of DOAs.