Information for
Notice of Intent Instructions
The Notice of Intent (NOI) is the applicant’s request for a permit to perform the work in the area which is jurisdictional to the Conservation Commission. Once you have determined that you need to file an NOI, the following steps should be followed (click on each step for more details):
Frequently Asked Questions
You should allow 6 to 8 weeks from the date of the filing of your NOI, ANRAD application submittal to the Swansea Conservation Commission to the start of your project. Once the NOI is filed with the Commission and the Massachusetts Department of Environmental Protection (DEP), the Commission will place the application on the agenda for the next public hearing date, which will be within 21 days of the filing. The Commission and DEP will review the file and DEP will assign it a file number. After the Commission has received all of the information which it needs to make a decision on the permit, the Commission will close the public hearing and issue a decision.
A copy of the NOI form is available at the Conservation Commission Office. Notice of Intent form Link This form must be completed. See Instructions for Filing a Notice of Intent with the Swansea Conservation Commission (link) SeeInstructions for Completion of a Notice of Intent for more information on completion of the form itself. If you have any questions, please call the Commission’s office to talk about the project and review the form with the agent.
Please note that particular attention should be given to the location of the project, the owner of the property, the name of the applicant, if different from the owner, and the recording date of the deed to the property to the owner, with the book and page of document in the Fall River District Bristol County Registry of Deeds.
You must also attach a copy of the USGS map (links to USGS maps files) depicting the site and the surrounding area. You should circle the general area of the project and mark it locus.
Each Notice of Intent requires a public hearing in front of the Swansea Conservation Commission. To fulfill the statutory requirement, a notice of public hearing must be placed in a paper of general circulation within the community no latter than five (5) days prior to the public hearing date. The Commission will place this ad at the applicants expense once the NOI is filed with the Commission. See Instructions for Filing a Notice of Intent with the Swansea Conservation Commission (link).
Please note that particular attention should be given to the location of the project, the owner of the property, the name of the applicant, if different from the owner, and the recording date of the deed to the property to the owner, with the book and page of document in the Fall River District Bristol County Registry of Deeds.
You must also attach a copy of the USGS map (links to USGS maps files) depicting the site and the surrounding area. You should circle the general area of the project and mark it locus.
Each Notice of Intent requires a public hearing in front of the Swansea Conservation Commission. To fulfill the statutory requirement, a notice of public hearing must be placed in a paper of general circulation within the community no latter than five (5) days prior to the public hearing date. The Commission will place this ad at the applicants expense once the NOI is filed with the Commission. See Instructions for Filing a Notice of Intent with the Swansea Conservation Commission (link).
There are separate filing fees under the Wetlands Protection Act and the Town of Swansea Wetlands Protection By-law. All Notices of Intent filed pursuant to the Wetlands Protection Act (310 CMR 10.00) and the Swansea Wetlands Protection By-law shall be accompanied by a filing fee, the amount of which shall be determined by the attached schedule.
Use the Activities Subject to Notice of Intent Filing Fees to determine the fee category of the project. Once you have determined the category, use the Filing Fee Schedule for NOI, ANRAD fee chart to determine the fees for each category. Fill out the Notice of Intent Fee Transmittal Form which is required by the applicant to calculate the fee and which must be sent to the DEP Lockbox with the check for the state fee. See Instructions for Filing a Notice of Intent with the Swansea Conservation Commission. The check for the fee to the Town of Swansea should accompany your Notice of Intent package when filed with the Swansea Conservation Commission. If you have any questions, please feel free to contact the Commission to aid you in this process.
Use the Activities Subject to Notice of Intent Filing Fees to determine the fee category of the project. Once you have determined the category, use the Filing Fee Schedule for NOI, ANRAD fee chart to determine the fees for each category. Fill out the Notice of Intent Fee Transmittal Form which is required by the applicant to calculate the fee and which must be sent to the DEP Lockbox with the check for the state fee. See Instructions for Filing a Notice of Intent with the Swansea Conservation Commission. The check for the fee to the Town of Swansea should accompany your Notice of Intent package when filed with the Swansea Conservation Commission. If you have any questions, please feel free to contact the Commission to aid you in this process.
After filing the NOI, the applicant will receive a Notice of the Public Hearing with the date, time and location of the public hearing. These hearings are generally conducted in the Conservation/Planning Office at 68 Stevens Rd in Swansea. Usually, the public hearings start at 7:00 pm, after the Commission’s administrative/business session.
During the course of the public hearing, the applicant will present the project to the Commission. Supporting plans, photos of existing conditions and any other information which support the application should be presented by the Applicant to the Commission. The Commission will conduct a question and answer period between the members and the applicant in order to address any outstanding concerns. The Commission will also ask for comments from abutters and others interested in the project. As part of the information needed by the Commission, it must receive a written copy of the DEP file review comment letter with the assigned number. If all of the information is not received during the first public hearing, or the Commission wishes to conduct a site visit to the property, the Commission will discuss with the applicant what additional information is needed and continue the hearing to the next hearing date
During the course of the public hearing, the applicant will present the project to the Commission. Supporting plans, photos of existing conditions and any other information which support the application should be presented by the Applicant to the Commission. The Commission will conduct a question and answer period between the members and the applicant in order to address any outstanding concerns. The Commission will also ask for comments from abutters and others interested in the project. As part of the information needed by the Commission, it must receive a written copy of the DEP file review comment letter with the assigned number. If all of the information is not received during the first public hearing, or the Commission wishes to conduct a site visit to the property, the Commission will discuss with the applicant what additional information is needed and continue the hearing to the next hearing date
Once the Commission has received all of the information which it needs to review the project, the Commission will close the public hearing and issue a decision. If the Commission’s concerns regarding the project have not been answered to its satisfaction, then it may deny the project. The burden is on the applicant to demonstrate to the Commission that the project meets all of the design standards in the regulations.
If the Commission is satisfied that the project meets all of the regulatory requirements, then the Commission will issue within 21 days, an Order of Conditions for the project. This is the permit for the project.
If the Commission is satisfied that the project meets all of the regulatory requirements, then the Commission will issue within 21 days, an Order of Conditions for the project. This is the permit for the project.
The Order of Conditions is the permit for the project, which defines how the project must be developed. The applicant should read both the general order of conditions and the special order of conditions under both the Wetlands Protection Act and the Swansea Wetlands Protection BY-law to be sure they understand each condition. Some conditions will continue in perpetuity for future use of the property. Violation of the Order of Conditions can result in Enforcement Action, Stop Work Orders and Fines and Penalties, so care should be taken to understand each requirement.
The Order of Conditions is valid for three years from the date of issuance. Prior to the start of the project, the Order of Conditions must be recorded in the Fall River District Registry of Deeds at the applicant’s expense. In Swansea, the Commission records all of the Order of Conditions at the applicant’s expense. After issuance by the Commission, the applicant or their representative will be contacted for a check in the amount of the recording fee made out to the Registry of Deeds.
The Order of Conditions is valid for three years from the date of issuance. Prior to the start of the project, the Order of Conditions must be recorded in the Fall River District Registry of Deeds at the applicant’s expense. In Swansea, the Commission records all of the Order of Conditions at the applicant’s expense. After issuance by the Commission, the applicant or their representative will be contacted for a check in the amount of the recording fee made out to the Registry of Deeds.
Once the decision of the Commission is issued, there is a 10-day appeal period during which time an aggrieved applicant or abutter may appeal the decision.
Appeals under the Wetlands Protection Act shall be made to the Department of Environmental Protection. See 310 CMR 10:00 et seq Wetlands Protection Act regulations
Appeals under the Swansea Wetlands Protection By-law shall be must be made to Superior Court under M.G.L. ch. 249 sec. 4 or as otherwise provided by law. Notice of the appeal must be filed with the Commission within 10 days of issuance of the decision. (cite Statute )
Appeals under the Wetlands Protection Act shall be made to the Department of Environmental Protection. See 310 CMR 10:00 et seq Wetlands Protection Act regulations
Appeals under the Swansea Wetlands Protection By-law shall be must be made to Superior Court under M.G.L. ch. 249 sec. 4 or as otherwise provided by law. Notice of the appeal must be filed with the Commission within 10 days of issuance of the decision. (cite Statute )
Under MGL Ch. 44 Sec 53G, and the Rules and Regulations under the Swansea Wetlands Protection By-law, the Swansea Conservation Commission, may require the services of one of the Commission’s approved consultants to review issues of drainage, stormwater, wetland lines, wildlife habitat studies, or other information needed to aid the Commission in making its determination. The fee for the services of the consultant is paid by the applicant.
The Commission will also use a consultant to review the construction of large projects such as commercial buildings and housing sub-divisions. The consultant’s fee is paid by the applicant or developer prior to the start of construction.
The Consultant’s fees are placed by the Town Treasurer into an interest bearing account. These funds are used solely for the applicant’s project and the purpose for which they were intended.
At the end of the project, after receipt of the Certificate of Compliance, any balance is returned to the applicant.
The Commission will also use a consultant to review the construction of large projects such as commercial buildings and housing sub-divisions. The consultant’s fee is paid by the applicant or developer prior to the start of construction.
The Consultant’s fees are placed by the Town Treasurer into an interest bearing account. These funds are used solely for the applicant’s project and the purpose for which they were intended.
At the end of the project, after receipt of the Certificate of Compliance, any balance is returned to the applicant.
For larger projects, under the Rules and Regulations of the Swansea Conservation Commission, the Commission may require a surety or performance guarantee to ensure that the project will be completed as per the plans and the requirements of the Commission. The Commission will determine the value of the bond based upon the estimated cost of the project. This bond or performance guarantee must be in place prior to the start of construction.
Within one year of the date that the Order of Conditions was issued, an applicant may amend a Notice of Intent for minor modifications to the plan, or if requirements of other State or local permits issued subsequent to their Order of Conditions required changes to the plans, or other significant reasons which the Commission deems appropriate to require or allow an Amendment. The Applicant must follow all procedures as required for the filing a Notice of Intent. The Commission shall not accept an Amendment to the Notice of Intent for additional buildings, projects or activities which were not included in the original.
At least 30 days prior to the expiration of the Order of Conditions, an applicant may request, in writing, an extension of their Order of Conditions, provided that the applicant has applied for and received all other permits and has substantially completed the work. The Order may be extended for one year under the By-law by a majority vote of the Commission. An on-site visit, re-flagging or additional information may be required by the Commission and the Order of Conditions may be changed or modified.
The Commission may deny the extension by a majority vote of the Commission if:
The Commission may deny the extension by a majority vote of the Commission if:
- The extension request is received les than 30 days prior to the expiration of the Order of Conditions
- The work has not been done in accordance with the Order of conditions or approved plans
- Any activity has been done in violation of the Act or Bylaw
- Incomplete work is causing damage to the interests of the By-law
- New information has become available to the Commission which was not available at the time of issuance of the Order of Conditions which indicates the Order of Conditions is not adequate to protect the interests identifies in the Act or By-law
- No work has begun on the project except where such failure is sue to an unavailable delay such as appeals or obtaining necessary permits through other boards.
Upon completion of all of the work which has been approved in the Order of Conditions and shown on the approved plans, the Applicant may request in writing a Certificate of Compliance(COC). The Certificate is issued by a vote of the Commission at a regularly scheduled meeting of the Commission. See Request for Certificate of Compliance.doc
Care should be taken to be sure that the project is complete. The Commission will approve or deny the request within 21 days of the filing of the Request. Some conditions in the Order of Conditions may be considered on-going conditions which shall continue in perpetuity. These conditions shall be continued as such on the Certificate of Compliance and the Partial Certificate of Compliance.
Care should be taken to be sure that the project is complete. The Commission will approve or deny the request within 21 days of the filing of the Request. Some conditions in the Order of Conditions may be considered on-going conditions which shall continue in perpetuity. These conditions shall be continued as such on the Certificate of Compliance and the Partial Certificate of Compliance.
Any person who desires a determination as to whether the Wetlands Protection Act (Act)and/or the Swansea Wetlands Protection By-law (By-law) applies to a site or to proposed activity on the site may file a Request for Determination with the Commission. Under the Town’s By-law, this process requires a public hearing with notice to the abutters as well as the owner, if the applicant is not the owner of the property. Please see the Instructions for filing a Request for Determination for more information and filing fees, Please see Notice to Abutters form, Affidavit of Service Form, Request for Determination form. Note: If you are requesting a review of the wetland delineation line, please see the Abbreviated Notice of Resource Area Determination ANRAD process below.
Within 21 days after filing the RFD, the applicant will receive a Notice of the Public Hearing with the date, time and location of the public hearing. These hearings are generally conducted in the Conservation/Planning Office at 68 Stevens Rd in Swansea. Usually, the public hearings start at 7:00 pm, after the Commission’s administrative/business session.
Within 21 days after filing the RFD, the applicant will receive a Notice of the Public Hearing with the date, time and location of the public hearing. These hearings are generally conducted in the Conservation/Planning Office at 68 Stevens Rd in Swansea. Usually, the public hearings start at 7:00 pm, after the Commission’s administrative/business session.
Any property owner within 100 feet of the subject property lines, including across any street or way, or river or stream must be notified at least 7 days prior to the hearing date via certified mail. See Notice of Public Hearing Form. After completion of service of notice to the abutters, the applicant must file an affidavit of service, certifying they have given notice to all of the required abutters within the required time period. See Affidavit of Service Form.
The Commission will conduct a public hearing within 21 days of the receipt of the completed Request for Determination Package. The Commission may require that the area be flagged or staked, more detailed plans be submitted, an on-site visit with the Commission occur or other information which the Commission deems necessary to determine the effect upon the protected resource areas under the by-law. The Commission may continue the hearing for receipt of that information. Once all of the information has been received, the Commission will close the public hearing.
During the course of the public hearing, the applicant will present the information to the Commission. Supporting plans, photos of existing conditions and any other information which support the application should be presented by the applicant to the Commission. The Commission will conduct a question and answer period between the members and the applicant in order to address any outstanding concerns. The Commission will also ask for comments from abutters and others interested in the project. If all of the information is not received during the first public hearing, or the Commission wishes to conduct a site visit to the property, the Commission will discuss with the applicant what additional information is needed and continue the hearing to the next hearing date.
During the course of the public hearing, the applicant will present the information to the Commission. Supporting plans, photos of existing conditions and any other information which support the application should be presented by the applicant to the Commission. The Commission will conduct a question and answer period between the members and the applicant in order to address any outstanding concerns. The Commission will also ask for comments from abutters and others interested in the project. If all of the information is not received during the first public hearing, or the Commission wishes to conduct a site visit to the property, the Commission will discuss with the applicant what additional information is needed and continue the hearing to the next hearing date.
Within 21 days of the closure of the public hearing, the Commission shall issue a Determination of Applicability under the Wetlands Protection Act and/or Swansea Wetlands Protection Bylaw to the applicant. See Determination of Applicability Form
Positive Determination
The Commission shall issue a positive determination if it finds that the area in which the proposed activity will occur is a resource area subject to protection under the Act and the By-law and that the activity which is proposed will affect one or more interests under the act or by-law in the resource area.
If the Commission issues a positive determination, then the applicant is required to file a Notice of Intent with the Commission to proceed with the project. (See Notice of Intent above)
Negative Determination
The Commission shall issue a negative determination if the Commission determines that the area in which the proposed activity is not subject to the Act or By-law or that the proposed activity will not affect one or more interests under the Act or By-law in the resource area.
Sometimes the Commission may issue a negative determination with additional conditions which must be strictly followed to protect the interests under the Act or By-law. If the applicant fails to follow these conditions, or if there is an alteration of a resource area, the Commission may order all activity to cease until a Notice of Intent is received and an Order of Conditions is approved (See Notice of Intent process above)
The Determination of Applicability shall expire three years from the date it is issued and the approved activity must be completed within those three years.
Positive Determination
The Commission shall issue a positive determination if it finds that the area in which the proposed activity will occur is a resource area subject to protection under the Act and the By-law and that the activity which is proposed will affect one or more interests under the act or by-law in the resource area.
If the Commission issues a positive determination, then the applicant is required to file a Notice of Intent with the Commission to proceed with the project. (See Notice of Intent above)
Negative Determination
The Commission shall issue a negative determination if the Commission determines that the area in which the proposed activity is not subject to the Act or By-law or that the proposed activity will not affect one or more interests under the Act or By-law in the resource area.
Sometimes the Commission may issue a negative determination with additional conditions which must be strictly followed to protect the interests under the Act or By-law. If the applicant fails to follow these conditions, or if there is an alteration of a resource area, the Commission may order all activity to cease until a Notice of Intent is received and an Order of Conditions is approved (See Notice of Intent process above)
The Determination of Applicability shall expire three years from the date it is issued and the approved activity must be completed within those three years.
ANRAD in general
The Abbreviated Notice of Resource Area Delineation process is used to determine the wetland boundaries, the riverfront area or other resource areas on a parcel of land. The filing fee is set according to the linear feet of wetland. See Filing Fee Schedule Form
ANRAD filing
Once the ANRAD is filed with the Commission and the Massachusetts Department of Environmental Protection (DEP), the Commission will place the application on the agenda for the next public hearing date, which will be within 21 days of the filing. See Abbreviated Notice of Resource Area Delineation Form and Instructions to File an ANRAD. The Commission and DEP will review the file and DEP will assign it a file number. For large projects, the Commission will use the services of one of its consultants at the expense of the applicant. See Consultants below After the Commission has received all of the information which it needs to make a decision on the permit, the Commission will close the public hearing and issue a decision. For large projects, the Commission will use the services of one of its consultants at the expense of the applicant. See also Delineating bordering Vegetated Wetlands under the Massachusetts Wetlands Protection Act (link)
Consultants
Under MGL Ch. 44 Sec 53G, and the Rules and Regulations under the Swansea Wetlands Protection By-law, the Swansea Conservation Commission, may require the services of one of the Commission’s approved consultants to review issues of wetland lines, wildlife habitat studies, or other information needed to aid the Commission in making its determination. The fee for the services of the consultant is paid by the applicant.
The Consultant’s fees are placed by the Town Treasurer into an interest bearing account. These funds are used solely for the applicant’s project and the purpose for which they were intended.
At the end of the project, after receipt of the Certificate of Compliance, any balance is returned to the applicant.
Abutters Notice of Public Hearing
Any property owner within 100 feet of the subject property lines, including across any street or way, or river or stream must be notified at least 7 days prior to the hearing date via certified mail. See Notice of Public Hearing Form (link). After completion of service of notice to the abutters, the applicant must file an affidavit of service, certifying they have given notice to all of the required abutters within the required time period. See Affidavit of Service Form (link)
Public Hearing Process
After filing the ANRAD, the applicant will receive a Notice of the Public Hearing with the date, time and location of the public hearing. These hearings are generally conducted in the Conservation/Planning Office at 68 Stevens Rd in Swansea. Usually, the public hearings start at 7:00 pm, after the Commission’s administrative/business session.
During the course of the public hearing, the applicant will present the information to the Commission.
Supporting plans, photos of existing conditions and any other information which support the application should be presented by the applicant to the Commission. The Commission will conduct a question and answer period between the members and the applicant in order to address any outstanding concerns. The Commission will also ask for comments from abutters and others interested in the project. As part of the information needed by the Commission, it must receive a written copy of the DEP file review comment letter with the assigned number. If all of the information is not received during the first public hearing, or the Commission wishes to conduct a site visit to the property, the Commission will discuss with the applicant what additional information is needed and continue the hearing to the next hearing date.
The Abbreviated Notice of Resource Area Delineation process is used to determine the wetland boundaries, the riverfront area or other resource areas on a parcel of land. The filing fee is set according to the linear feet of wetland. See Filing Fee Schedule Form
ANRAD filing
Once the ANRAD is filed with the Commission and the Massachusetts Department of Environmental Protection (DEP), the Commission will place the application on the agenda for the next public hearing date, which will be within 21 days of the filing. See Abbreviated Notice of Resource Area Delineation Form and Instructions to File an ANRAD. The Commission and DEP will review the file and DEP will assign it a file number. For large projects, the Commission will use the services of one of its consultants at the expense of the applicant. See Consultants below After the Commission has received all of the information which it needs to make a decision on the permit, the Commission will close the public hearing and issue a decision. For large projects, the Commission will use the services of one of its consultants at the expense of the applicant. See also Delineating bordering Vegetated Wetlands under the Massachusetts Wetlands Protection Act (link)
Consultants
Under MGL Ch. 44 Sec 53G, and the Rules and Regulations under the Swansea Wetlands Protection By-law, the Swansea Conservation Commission, may require the services of one of the Commission’s approved consultants to review issues of wetland lines, wildlife habitat studies, or other information needed to aid the Commission in making its determination. The fee for the services of the consultant is paid by the applicant.
The Consultant’s fees are placed by the Town Treasurer into an interest bearing account. These funds are used solely for the applicant’s project and the purpose for which they were intended.
At the end of the project, after receipt of the Certificate of Compliance, any balance is returned to the applicant.
Abutters Notice of Public Hearing
Any property owner within 100 feet of the subject property lines, including across any street or way, or river or stream must be notified at least 7 days prior to the hearing date via certified mail. See Notice of Public Hearing Form (link). After completion of service of notice to the abutters, the applicant must file an affidavit of service, certifying they have given notice to all of the required abutters within the required time period. See Affidavit of Service Form (link)
Public Hearing Process
After filing the ANRAD, the applicant will receive a Notice of the Public Hearing with the date, time and location of the public hearing. These hearings are generally conducted in the Conservation/Planning Office at 68 Stevens Rd in Swansea. Usually, the public hearings start at 7:00 pm, after the Commission’s administrative/business session.
During the course of the public hearing, the applicant will present the information to the Commission.
Supporting plans, photos of existing conditions and any other information which support the application should be presented by the applicant to the Commission. The Commission will conduct a question and answer period between the members and the applicant in order to address any outstanding concerns. The Commission will also ask for comments from abutters and others interested in the project. As part of the information needed by the Commission, it must receive a written copy of the DEP file review comment letter with the assigned number. If all of the information is not received during the first public hearing, or the Commission wishes to conduct a site visit to the property, the Commission will discuss with the applicant what additional information is needed and continue the hearing to the next hearing date.
Within 21 days of the close of the public hearing, the Commission will issue its decision as an Order of Resource Area Delineation. The decision can be:
- Accurate - The boundaries described in the referenced plans are accurate.
- Modified - The boundaries described in the referenced plans have been modified by the Commission.
- Inaccurate – The boundaries described in the referenced plans are inaccurate and cannot be confirmed.
Once the decision of the Commission is issued, there is a 10-day appeal period during which time an aggrieved applicant or abutter may appeal the decision.
Appeals under the Wetlands Protection Act shall be made to the Department of Environmental Protection A person who is appealing a decision of the Commission must have participated in the hearing, in writing. See 310 CMR 10:00 et seq Wetlands Protection Act regulations for more information.
Appeals under the Swansea Wetlands Protection By-law shall be must be made to Superior Court under M.G.L. ch. 249 sec. 4 or as otherwise provided by law. Notice of the appeal must be filed with the Commission within 10 days of issuance of the decision.
Appeals under the Wetlands Protection Act shall be made to the Department of Environmental Protection A person who is appealing a decision of the Commission must have participated in the hearing, in writing. See 310 CMR 10:00 et seq Wetlands Protection Act regulations for more information.
Appeals under the Swansea Wetlands Protection By-law shall be must be made to Superior Court under M.G.L. ch. 249 sec. 4 or as otherwise provided by law. Notice of the appeal must be filed with the Commission within 10 days of issuance of the decision.