How to File an Application with the Conservation Commission
The Wetlands Protection Act states: "No person shall remove, fill, dredge or alter any bank, riverfront area, freshwater wetland, coastal wetland, beach, dune, flat, marsh, meadow or swamp bordering on the ocean or 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…without filing written notice of his intention."
Any work within one of the resource areas, any work within 100 feet of a freshwater wetland, any work within 200 feet of a river or stream, or any work within the land subject to coastal storm flowage (elevation 15' mean sea level or lower) must file for a permit with the Conservation Commission. We strive to work proactively with all Marion residents and businesses to comply with the Wetlands Protection Act. If you have any questions about proposed land uses in the vicinity of wetlands, or whether land falls within our jurisdiction, please contact our office.
Two key documents that you may be required to submit are:
Request for Determination of Applicability
This form is used to determine whether the Commission has jurisdiction and, if so, will the resource areas be affected. The Commission may find any of the following:
- The Commission has jurisdiction and will require a Notice of Intent.
- The Commission will not require a Notice of Intent but may impose conditions.
- The Commission does not have jurisdiction.
Notice of Intent
This form is required if there is intent to work within resource areas or their buffer zones. A public hearing is required and the applicant must notify all abutters within 100 feet of the subject parcel. It usually requires the preparation of plans by a registered professional engineer. As a result of the public hearing, the Commission will either:
Issue an Order of Conditions with conditions for accomplishing the proposed work; or
Deny the project for its inability to adequately protect the resource areas.
If an Order of Conditions is issued, it must be recorded at the Plymouth Registry of Deeds before work can begin. The Order of Conditions expires three years after the date of issue. If an extension is needed, one must be requested at least 30 days in advance of the expiration date. For more information, please contact the Marion Conservation Commission. Read the Plymouth Registry of Deeds Form Letter here.
Please see the Meeting Dates for filing deadlines and meeting dates.
The Commission requires two complete unbound copies of each submittal and plans (three copies with plans if the project site abuts the shore). These may be hand delivered or mailed to the Marion Conservation Commission, 2 Spring Street, Marion, MA 02738. At the same time that the application is submitted to the Commission, a copy of the application and plans must be hand delivered or mailed to DEP-Southeast Region, 20 Riverside Drive, Lakeville, MA 02347. Be sure to include any state fee with the submission of a Notice of Intent to DEP.
For a Request for Determination of Applicability, the fee is $25 which is for the legal notice that will be placed in The Wanderer. Please include a $25 check made out to "The Wanderer" with your submittal for the cost of the advertisement.
For a Notice of Intent, the fees are determined by the filing itself. When submitting your application please include the $25 check made out to "The Wanderer". Also, submit the Commission's portion of the Wetlands Fee made out to the "Town of Marion".
For any questions regarding the application process please contact the office at 508-748-3515.
Publication of Legal Notices
As stated in the January 2017 newsletter from the Office of the Inspector General, "As of January 21, 2017, newspapers will have to ensure that a public entity's legal notice is published (1) in print; (2) on the newspaper's website, if it has one; and (3) on the Massachusetts Newspaper Publishers Association's (MNPA) website. Newspapers are responsible for forwarding the legal notices to the MNPA for posting on its website."