Westport News

Westport Conservation Commission &
Soil Conservation Board
Policies & Procedures
Rev.: 08/25/2009
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Westport Conservation Commission &
Soil Conservation Board
Policies and Procedures
Table of Contents Page
Purpose of this document 3
Charter and Background 3
Commission Members and Employees 3
Conservancy and Special Projects 4
Participation on Other Boards 4
WPA Filings 5
NOI/OOC 5
ANRAD/ORAD 5
RDA 5
WPA Violations 5
Building Permits 6
Septic Permits & Upgrades 6
Soil Permits 6
Conservation Commission Policies & Procedures
Meetings 7
Meeting Minutes 7
Emergency Action 8
NOI, ANRAD, RDA Filings 8
Violations 10
Dock Policy 10
Annual Budget 10
Payroll 11
Resources 11
Amendments 12
Exhibits 13
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Westport Conservation Commission &
Soil Conservation Board
Policies and Procedures
Purpose of This Document
The intent of this document is to summarize the charter, operations, policies and procedures of the
Westport Conservation Commission and Soil Conservation Board as well as offer background on the
origin of both boards. This document can be amended by majority vote of the Commission.
Charter and Background
In 1957 the Massachusetts legislature passed the Conservation Commission Act (G. L. Chapter 40 §8C).
This law enabled municipalities to establish Conservation Commissions through a vote of the local
legislative body. The initial charge of these commissions was "promotion and development of natural
resources...and protection of watershed resources." With these powers, Commissions planned, acquired
and managed open space, and encouraged and monitored conservation and agricultural preservation
restrictions. In 1972 the legislature passed the Wetlands Protection Act (WPA). This was followed in
1978 by related, detailed regulations. The legislature assigned the responsibility of implementing the
WPA regulations to local Conservation Commissions. These regulations have been periodically updated
and expanded, most notably in 1983 (buffer zones), 1996 (Rivers Act), 2005 (Buffer zone Permitting) and
2008 (Stormwater).
Westport created its Conservation Commission in 1963 (see Exhibit 1). Today, the ConCom spends the
vast majority of it’s time and effort on WPA implementation, leaving its original conservancy duties to
other municipal and private boards such as the Westport Land Conservation Trust and the Trustees of
Reservations.
During the 1990’s the Town of Westport became concerned with the level of soil and gravel removal that
was occurring. In 1995, the Town established the Soil Conservation Commission and assigned its
responsibilities to the Conservation Commission. The charge of the Soil Board is to regulate the removal
and/or storage of soil or mineral materials within the Town (see Exhibit 2).
Commission Members and Employees
The Conservation Commission / Soil Conservation Board is a seven member board with individual
Commissioners appointed by the Board of Selectman. Each appointment is for a 3 year term with the
seven appointments staggered over three years. The Commission typically elects a Chairman, Vice
Chairman and Secretary. Election of Commission officers normally occurs at the first meeting in July
following new appointments for a one year term. Elections may be held in the case of a vacancy. The
Conservation Commission employs a full time Principal Clerk and an Agent. The Commission also
utilizes an outside Wetlands Consultant on a regular basis. The Commission has the sole authority to
appoint and supervise these employees and consultants within the constraints of the annual budget.
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Conservancy and Special Projects
The conservancy duties originally assigned to the Conservation Commission have largely been assumed
by other Town and private organizations. These include the Agricultural/Open Space Preservation Trust
Fund Council, Westport Land Conservation Trust and Trustees of Reservations and Community
Preservation Committee.
Conservation Restrictions (CR’s) are sometimes negotiated for certain land holdings or transfers placing
deeded limitations on future development for the parcel in question. The Conservation Commission
usually holds these CR’s on behalf of the town although much of the administrative work is performed by
Westport Land Conservation Trust and Trustees of Reservations.
Participation on Other Boards
The Conservation Commission appoints individual members to represent the Commissions’ interest on
any number of Town boards some of which are noted below. (See Exhibit 3 for a list of current
Commissioners and assignments).
• Agricultural/Open Space Preservation Trust Fund Council
• Community Preservation Committee
• Housing Rehab Advisory Committee
• River Dredging Committee
• Storm Water Management
• Economic Development Committee
WPA Filings
The Wetlands Protection Act, Massachusetts General Law Chapter 131, Section 40 and Code of
Massachusetts Regulations Chapter 310CMR 10.00 state that “Any activity proposed or undertaken
within an area specified… which will remove, fill, dredge or alter that area, is subject to regulation….”.
In order to comply with the provisions of the WPA, property owners wishing to alter those portions of
their property that fall under Conservation Commission or WPA jurisdiction, must file for permission
with the Commission before performing the work. In general, any work within the following resources
or their respective buffer zones must be permitted and conditioned by the Conservation Commission;
Resource Area Buffer Zone
Riverfront (200ft) First 200 ft from the mean high water mark on river is
the Riverfront resource and therefore jurisdictional.
No additional buffer exists.
Perennial stream (bank) Same as Riverfront
Intermittent stream (bank) 100 ft
Bordering Vegetated Wetland 100 ft
Pond (bank) 100 ft
Barrier beach Entire land mass
Coastal Beach 100 ft
Coastal Dune 100 ft
Coastal Bank 100 ft
Salt Marsh 100 ft
Bordering Land Subject to Flooding 100 ft of bank/BVW or 10 yr. floodplain whichever is
greater but not more than 100 yr. floodplain.
Isolated Land Subject to Flooding No Buffer
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WPA Filings (continued)
The primary function of the Conservation Commission is to review and properly condition these permits
or “filings”. The following is a list of the various types of filings considered by the Commission.
NOI/OOC – The Notice of Intent (NOI) is the primary Massachusetts WPA filing required to
perform work within a Wetlands resource area or its jurisdictional buffer zone. The Conservation
Commission must hold a public hearing for NOI’s and all abutters within 100 feet must be
notified by certified mail or hand delivered correspondence. The Conservation Commission can
approve or deny the filing at one of its regularly scheduled meetings. If approved, the
Commission will assign specific conditions or limitations which the property owner must follow
while performing the work on the project. These conditions are listed in a permit called an Order
of Conditions (OOC) which is issued to the property owner after the hearing. The property owner
is responsible for recording the OOC at the New Bedford Registry of Deeds following a 10 day
waiting period and prior to commencing work on the project.
ANRAD/ORAD – The Abbreviated Notice of Resource Area Delineation is a filing used to
establish the wetlands delineation on a property. The Conservation Commission must hold a
public hearing for ANRAD’s and all abutters within 100 feet must be notified by certified mail or
hand delivered correspondence. With this filing, an applicant is seeking to define where the
wetlands resources exist, generally in advance of submitting an NOI for a particular project. If the
delineation is correct, the Commission will issue an Order or Resource Area Delineation (ORAD)
that will be valid for three years. The property owner is also required to record the ORAD at the
New Bedford Registry of Deeds. There is still a 10 day waiting period during which the
Commission’s decision can be appealed.
RDA – A Request for Determination of Applicability is the simplest and least expensive
application that can be filed with the Conservation Commission. The Conservation Commission
must hold a public meeting for its review of an RDA and no abutter notification is required. The
idea here is that a small project, typically in or near the buffer zone, but no closer than 50 feet to a
resource, is described so that the Commission can decide if it is jurisdictional. A short description
of the project is required, a project plan and a description of the nearby resource(s) that may or
may not be impacted. If the Commission determines that the project is not within a resource area
or will not have a significant impact on the resource, a negative determination is issued allowing
the project to proceed as described. A positive determination is issued if the Commission
determines that the project may have a significant impact on a wetlands resource. A positive
determination of applicability requires that the property owner follow up with a NOI or ANRAD
to obtain proper permitting and conditioning of the project.
WPA Violations
Occasionally, activities that have not been permitted are brought to the attention of the
Commission and investigated. Should the Commission find that a violation has occurred, it can
take a number of actions to encourage compliance with existing WPA regulations. These include
requiring the filing of an NOI, ANRAD, issuing an Enforcement Order, registering such at the
New Bedford Registry of Deeds, referring the case to the Massachusetts Department of
Environmental Protection (DEP) or in the case of egregious violations, issuing a civil or criminal
complaint against the property owner. The Commission is responsible for keeping track of any
open Complaints and Violations and insuring that each is resolved in a timely fashion. It should
be remembered that the goal of all enforcement activity is to seek compliance with the WPA ACT.
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Building Permits
Building permit applications are submitted directly to the Building Department for approval. As
part of the approval process, the application is turned over to the Conservation Commission for
review. The Conservation Agent is responsible for field inspection of every application. If the
project is determined to be within a wetlands resource area or jurisdictional buffer zone, the
applicant will be advised of the need to file a Notice of Intent.
Septic Permits & Upgrades
Among other things, the Board of Health is responsible for overseeing new or upgraded septic
projects. All septic projects (new, repaired or upgraded) are submitted to the Health Department.
As part of the approval process, the application is turned over to the Conservation Commission for
review. If the project is determined to be within a wetlands resource area or jurisdictional buffer
zone, the applicant will be advised of the need to file a Notice of Intent.
Soil Permits
Property owners who wish to remove or store soils or minerals from or in Westport, must apply
for and obtain a Soil Permit. The Conservation Agent is responsible for field inspection of the
intended site prior to issuing or renewing the Soil Permit. The permit is good for 1 year at which
time the application must be renewed. See Exhibit 2 for details.
Subdivisions
Permitting a subdivision is a more extensive process that involves both the Conservation
Commission and the Planning Board. Typically, the proponent will start with a Abbreviated
Notice of Resource Area Delineation (ANRAD) filed with ConCom to establish the location of the
wetlands resource on the larger property or the wetlands line. A roadway plan is then submitted to
Planning and ConCom (Notice of Intent - NOI or Request for Determination of Applicability -
RDA) for approval and conditioning. The Planning Board is responsible for overseeing and
conditioning the Storm Water Management aspects of the project. Finally, NOI’s (as required) are
filed for each individual building lot before work begins. For those lots without wetland
resources, the Planning board simply provides copies of the lot plan for ConCom records.
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Policies and Procedures
The following policies and procedures have been adopted by past or present Commissions and are
considered standard operating procedure unless otherwise specified by the Commission.
Meetings
The Commission meets every two weeks on a schedule that is published in the 4rth quarter of the
previous year. A quorum of the Commission (4 of 7 commissioners) needs be present to conduct a
meeting. The Principal Clerk is also present at the meetings to take the minutes. The commission may
decide to cancel a meeting and postpone the scheduled hearings so long as the proponents of said
scheduled hearings agree to reschedule.
The Commission is responsible for establishing an agenda for each upcoming meeting. The agenda lists
hearings on new filings, continuances, old business, and bills to be paid and minutes from previous
meetings that need approval or other business as required. Notice of the individual filings referenced in
the agenda are published in Chronicle 5 days prior to each meeting. The agenda is posted on the Town’s
website and advertised on local cable. Commission members have the opportunity to request items be
added to the agenda by submission of said requests to the Chairman prior to the point at which the agenda
is published.
WPA regulations require the Commission to open a public hearing or conduct a public meeting on a filing
within 21 days of its submission provided said filing is considered complete at the time of submission.
The applicant may request a continuance on a filing if more time is required to submit additional
information to afford the Commission a proper review. Commission policy is to grant four (4) week
continuances to allow the applicant sufficient time to address outstanding items.
Motions are passed, denied or continued by a majority of the quorum present for a meeting. In addition,
the signatures of four Commissioners are required to officiate an order, notification or denial. Any of the
seven Commissioners may sign the document in question, regardless of whether they were present for the
vote or whether they voted favorably on the application.
Meeting Minutes
Following each meeting, the Principal Clerk will type up the minutes and send a draft copy out to all
Commissioners several days prior to the next meeting. Commission members who wish to amend or
revise the minutes shall mark up a copy of pages in question and make sufficient copies for distribution at
the next meeting. At that time, the Commissioner wishing to make the revisions shall read said revisions
into the record and request approval by vote of the Commission. Majority vote shall determine which
revisions are accepted into the record. Individual Commissioners whose revisions are not accepted into
the record have the option of submitting an addendum to the minutes listing those revisions that were not
accepted by the Commission.
If a Commissioner wishes to submit revisions to the minutes but will not be able to attend the upcoming
meeting, consideration of those revisions will be postponed one meeting to allow for the respective
Commissioner to be present. Such requests must be submitted in writing or by email to the Chairman
prior to the meeting in question.
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Emergency Action
The Commission may approve emergency action in the case where public health or safety is in question.
This can be done at a regular meeting, emergency meeting or by any member with subsequent ratification
by the Commission. In all cases a site visit must be conducted and a description of allowable work
issued. The permitted work shall not exceed that which is necessary to abate the emergency at hand. A
copy of the emergency action must be sent to the DEP when it is issued. See attached Exhibit 18.
NOI, ANRAD, RDA Filings
1. Filings received 10 business days prior to a meeting will be heard at the next meeting or at a
subsequent meeting date requested by the applicant.
2. The deadline for submission of new information to be considered at a regularly scheduled
meeting is noon on Friday prior to the Tuesday meeting.
3. Filings are to be heard within 21 days of submission unless a later date is requested or
accepted by the applicant.
4. A Town fee of $125 will be assessed on all NOI’s and ANRAD’s. See Exhibit 4 for a
complete schedule of fees.
5. All applicants and/or their representatives must submit a color coded plan prior to the hearing
(see Exhibit 21)
6. Each filing is checked by Conservation Commission staff to insure it is complete prior to
official acceptance. Each file type has an associated check list (see Exhibits 7, 9 & 11).
7. Prior to the commencement of a hearing, applicants filing NOI’s and ANRAD’s must submit
proof of abutter notification and submission to DEP.
8. A 10 business day waiting period is required after Commission approval of a NOI or ANRAD.
The applicant is responsible for recording the Order of Conditions or ORAD at the New
Bedford Registry of Deeds with proof of such submitted to the Commission AND the
applicant must provide 48 hour advance notice prior to the commencement of work (see
Exhibit 5).
9. OOC’s are valid for 3 years and under certain conditions may be extended up to 3 additional
years with application for extension made 30 days prior to expiration. Work load permitting,
the Commission attempts to notify applicants of pending expiration of OOC’s 3 months prior
to such expiration. However, this is a reminder is a courtesy and the applicant remains
responsible for timely application for an extension.
10. The Commission will maintain both a paper and electronic files for each project during the
filing process. Both files will be maintained indefinitely after the project is complete.
11. If the applicant wishes to request a continuance on a filing after the hearing has been opened,
the applicant must sign and submit the Continuance Agreement form (see Exhibit 20).
Commission policy is to grant 4 week continuances.
12. If the applicant wishes to request a continuance on a filing prior to the initial hearing, they
must sign and submit both the Continuance Agreement form and the 21 Day Waiver Form (see
Exhibit 19).
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13. Special conditions for Order of Conditions to include Westport Conservation Commission
standard boilerplate conditions (see Exhibit 5).
14. Superceding Action – In some cases, the proponent, abutter or other interested parties, may
wish to appeal the Commissions rulings on a particular project to the Department of
Environmental Protection. In these cases, the Commission will be afforded the opportunity to
provide comment at the time of the DEP hearings and on-site visit. The DEP will issue a
Superceding Order of Conditions (SOC) that either affirms the Commission’s decision,
modifies or revises it or overturns it. Regardless of the outcome, the Commission will keep a
proper record of the superceding action on file indefinitely.
15. Septic system repair projects must file Notice of Intent if the project requires work within a
resource area or within 50 feet of a resource area with the exception of Flood Zone.
Emergency repairs and systems in existence prior to August 7, 1996 or the repair or upgrade of
existing systems in compliance with Title V are exempt from the requirements of the
Riverfront Area (see Exhibit 25).
16. All wetlands delineations on parcels of land where no septic repair or limited activities are
proposed shall be filed on the Abbreviated Notice of Resource Area Delineation form
(ANRAD). No delineations on RDA’s will be accepted.
17. Requests by property owners to formally determine the extent of wetlands on a property for
tax abatement reasons must be accompanied by an ANRAD (see Exhibit 22).
18. NOI filings for roadways must be submitted by the applicant to the Highway Department for
comment prior to a hearing (see Exhibit 24).
19. There will be a $25 replacement fee for all lost Orders of Conditions.
20. No Activity Zones (NAZ’s) have been included on plans and Orders of Conditions for
resource area protection. An NAZ is an area within a buffer zone to a resource area in which
no maintenance or improvements are allowed and has typically been 25 feet wide.
21. Access to the Conservation Commission Office and its records is limited to when the Clerk is
present. In an emergency the Chairman or Vice-Chairman can be contacted.
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Violations
Unlike other WPA filings which are driven by the proponent’s timetable, the Violation resolution process
is largely driven by the Commission’s desire to bring the property into compliance. As such, the
Commission must be proactive in tracking and moving each violation towards resolution. At any given
time there may exist complaints or violations at various stages in the process of achieving compliance.
The stages of the process are described and depicted in Exhibit 13. In general, the Commission will
establish a record of each complaint or violation and assign appropriate follow-up dates for each.
Enforcement Orders, their subsequent registry at the New Bedford Registry of Deeds or other initiatives
to encourage compliance will be undertaken by majority vote of the Commission. In the case of ongoing
activity, an emergency Enforcement Order or a Cease and Desist order can be issued by any one of the 7
Commissioners or the Agent and later ratified by a majority of the Commission.
The Conservation Commission will investigate complaints and potential violations received from
abutters, concerned citizens, town employees or Commission members. In order to discourage frivolous
complaints and provide for a proper follow up to the person filing a complaint, a person bringing a
complaint to the attention of the Commission must identify themselves and sign the complaint form.
Anonymous complaints will not be investigated (see attached Exhibit XX 7/1/02 Policy regarding Taking
and Recording Complaints via the Telephone).
Refer to the Massachusetts Department of Environmental Protection’s Wetlands Enforcement Manual for
guidance on Commission authority and suggested strategies with regard to violations.
Dock Policy
The Commission has established a dock policy for the East and West Branches of the Westport River.
This dock policy (Exhibit 15) allows for the approval and conditioning of the repair or replacement of
existing or previously existing docks. For these filings, the applicant should make clear that the dock
project is a repair or replacement of an existing or previously existing dock. In the case of a pre-existing
dock, the applicant must submit photographic or other evidence as to its previous existence and size.
Minor changes to the dock’s height and width are acceptable so as to bring the dock up to current
construction standards. Special conditions include the Westport Conservation Commission Dock Special
Conditions (Exhibit 16).
New or substantially improved docks will not be approved until such time as the Commission can
properly formulate a Harbor Management Plan (HMP). In the interim period, the Commission will
decline to accept or act upon the filings so that the proponent can seek a Superseding Order of Conditions
from the DEP after 21 days has expired.
Changes in dock length or the addition of floats are considered substantial improvements.
This policy does not apply to applications for docks on other bodies of water with the town.
Annual Budget
The Town of Westport requires the submission of a budget from each department roughly 6 months
before the start of the upcoming fiscal year. The Town’s fiscal year runs from July 1st to June 30th. The
Chairman is responsible for assembling the Conservation Commission’s budget at the direction of the
Commission. Exhibit 17 is a typical budget format submission.
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Payroll
The Commission submits its payroll to Accounting every other week. The payroll is to be signed by the
Commission Chair or Vice Chair prior to submission to the Town Accountant and the Board of
Selectman.
Resources
The Commission has a number of resources available to assist in evaluation of projects and cases for
which it has adjudicatory responsibility. These include;
• Various large scale topographical/street maps
• On-Line State DEP GIS maps
• Comparative aerial photography
• FEMA flood maps
• Cold Water Fisheries mapping
• NHESP maps for Estimated and Priority Habitat
• DEP Circuit Rider
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Amendments
08/25/09 Initial Release
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Exhibits
1. 1963 Town Meeting Article 51 Establishing Westport’s Conservation Commission
2. 1995 Article 40 Establishing Soil Bylaw
3. Current CC Commissioners and Personnel & Outside Committee Assignments
4. FY2010 Filing fee schedule
5. Order of Conditions Cover Sheet and Standard Special Conditions Boilerplate
6. NOI Flowchart
7. NOI Checklist
8. ANRAD Flowchart (TBD)
9. ANRAD Checklist (TBD)
10. RDA Flowchart
11. RDA Checklist
12. Violations Process Flowchart
13. Violations Process Categories & Description
14. Process for taking and recording of complaint
15. Westport River Dock Policy
16. Dock Special Conditions
17. Typical CC budget submission
18. Emergency Action Certification
19. Waiver of 21 Day Requirement
20. Continuance Agreement
21. Color Coded Plan Requirement
22. Wetlands Delineations for Tax Abatement
23. Wetlands Delineation to be ANRAD not RDA
24. Highway Department Review for Roadways
25. Septic System Repair Projects
26. Abutter Notification
Links
Massachusetts Wetlands Protection Act
310 CMR 10.00 WPA Regulations
A Guide for Effective Compliance with the Massachusetts Wetlands Protection Act Regulations
Roberts Rules of Order







Westport Conservation Commission & Soil Conservation Board
Members as of 07-01-09 and Committee Assignments
R. Michael Sullivan, Chairman …………. River Dredging Committee
Edward Rooney, Vice Chairman ………... Storm Water Management Committee
William Burns ……………………………. Agricultural / Open Space Preservation
Trust Fund Council
Paul Joncas ………………………………...
Jeff Lavalley ……………………………….
Thomas Martin …………………………….
Richard Spirlet ……………………………. Community Preservation Committee
Commission Employees
Andrea Coates, Conservation Agent ……... Housing Rehabilitation Advisory Committee
Leone Farias, Principle Clerk …………….
Mary Trudeau, Consulting Agent………….
Westport Conservation Commission Fee Schedule
FY2010 Fee
WPA Fees
NOI/ANRAD Filing Varies
NOI/ANRAD Surcharge $ 125
Extensions $ 150
Certificate of Compliance $ 150
Amendments $ 150
Town Filing Fees
RDA $ 75
Soil Permits $ 250
Soil Renewal $ 200
Building Permit Review $ 25
Building Permit Site Visit $ 25
Septic Repair/Replacement Review $ 25
Septic Repair/Replacement Site Visit $ 25
Miscellaneous Copies (each) $ 0 .50
Replacement Order of Conditions $ 25


Westport CC NOI & ANRAD Filing Process
Applicant files with CC & DEP
Agent checks for acceptance
10 day waiting period
Principal Clerk checks for completeness &
stamp rec’d (but not accepted)
Agent or Consulting Agent Conducts site visit
and publishes report with cc to applicant
Regular CC Meeting
Approved with O of C
Denied
Continued
Record at NB Registry
Proof of recording to CC
DEP # sign up, erosion controls, 48 Hr CC
notification, other special conditions
Begin work – complete work within 3 years
NHESP Habitat? If so, schedule CC meeting for
30 days out from NHESP notification
Need Extension? File 30 days
prior to O of C expiration
Request Certificate of Compliance
Appeal to DEP w/I 10 days
Regular CC Meeting
Approved w/OoC
Denied
Continued
Meeting date selected and applicant send out
abutter notification
Agent or Consulting Agent Conducts site visit
and publishes report with cc to applicant
Regular CC Meeting
Approved
Record at NB Registry
Wetland Filings and Forms
CHECKLIST for COMPLETENESS - NOI Filings
Guidelines for Filing a Notice of Intent with the Westport Conservation Commission
Clerk Check:
 2 copies completed Notice of Intent package (application and plans) to the Westport
Conservation Commission Agent's report and check with proof of payment to DEP
 Applicant name- not just agency, and contact phone number and email _______
 Property owner
 Project Description must be clear
Agent check:
 Project Impacts must be filled out completely (including work in 100-foot buffer zone
from Bank and/or BVW. Check numbers against plans for consistency
 Appropriate sections of Areas Subject to Regulation and Performance Standards filled
out completely (will vary with project)
NHESP notified
􀀀USGS Quadrangle
 If limited project exemption is requested, check regulations for accuracy (310 CMR
10.53)
 NOI Form (Page 7) must include check number, date, and payor (for Cons. Comm. check)
The following must accompany application and have been checked as present:
􀀀1. Submit a check in the correct amount for Wetland Filing Fees payable to the WCC, with fee
transmittal form (WPA Appendix B) attached (cities and town exempt from filing fees), and a check for the
Town fee, and the notice in the Chronicle
􀀀2. Proof of payment to DEP lock box (copy of check)
􀀀3. Signed Stormwater Management Form (WPA Appendix C)
􀀀4. Abutters list (required for all projects except when MassHighway is the applicant)
􀀀5. Notification to Abutters – Sample of letter sent to abutters notifying them of project
􀀀6. Engineering plans, showing site location and
AND PROJECT PLANS showing
􀀀GIS map
􀀀NPDES
•  Existing conditions
•  Proposed work should be staked in the field
•  Regulated resource area(s) boundaries – including ILSF, riverfront, if present (Highlighted)
•  Buffer zone(s) boundaries (Highlighted)
•  Should be stamped and dated (stamp not required by DEP, but may be required by Cons.Com.
•  Scale (no greater than 50 scale)
•  North arrow
•  Title Block
􀀀 8. FEMA map showing project location relative to flood zone and FEMA benchmarks, if applicable, OR
FEMA lines superimposed on above site location map.
Additionally, as applicable, submit
 Any photographs related to this project which may show the affected resource areas
 Documentation supporting compliance with MA DEP’s Stormwater Management Policy and Stormwater
Management Guidelines
 Details of drainage system, including oil separating catch basins, particle and oil separators, detention
systems, outfalls, sewer connections, etc
ANRAD Flow Chart
ANRAD Checklist
Westport CC RDA Filing Process
Applicant files with CC & DEP
Agent checks for acceptance
10 day waiting period
Principal Clerk checks for completeness &
stamp rec’d (but not accepted)
Agent or Consulting Agent Conducts site visit
and publishes report with cc to applicant
Regular CC Meeting
Negative Determination
Positive determination
Continued
Commission can impose special conditions
Begin work
NHESP Habitat? If so, schedule CC meeting for
30 days out from NHESP notification
File NOI
Meeting date selected and applicant send out
abutter notification, advertise & post meeting
Appeal to DEP
Wetland Filings and Forms
CHECKLIST for COMPLETENESS – RDA Filings
Guidelines for Filing a Request for Determination of Applicability
Date: ______________ Applicant: ________________
Address: __________________
Clerk check:
1. Two copies of “Request”
2. Two copies of Plan
including:
Applicant name, not just agency and contact phone number and email address _____
Property owner
Project Description must be clear
Agent Check:
Project Impacts must be filled out completely (including work in 100’ buffer zone
from Bank and/or Bordering Vegetated Wetlands. Check numbers against plan for
consistency
NHESP notified
Appropriate sections of Areas Subject to Regulation and Performance Standards filled
out completely (will vary with project)
The following must accompany application and have been checked as present:
Submit a check in the correct amount of filing fee and a check for the legal ad in the
Chronical, both payable to the Town of Westport.
Stamped and dated engineer drawn plans or hand drawn plans if simple project
showing the site location and
INCLUDE:
existing conditions
proposed work
regulated resource area(s) boundaries – including ILSF if present(Highlighted)
buffer zone(s) boundaries (Highlighted)
should be stamped and dated
scale (no greater than 50 scale)
north arrow
title block
FEMA map showing project location relative to flood zone, if applicable or FEMA
lines superimposed on above site location map.
Additionally, as applicable, submit
any photographs related to this project which may show the affected resource areas
documentation supporting compliance with MA Department of Environmental
Protection’s Stormwater Management Policy and Stormwater Management Guidelines
details of drainage system, including oil separating catch basins, particle and oil
separators, detention systems, outfalls, sewer connections, etc.
NPDES
Westport CC Complaint / Violation Process
Phone call, mail, email, walk-in complaint Individual Commissioners
Con Com – Fill out Violation Form
Phone call to Property Owner
Valid?
Ongoing? Drop
Cease & Desist
Letter asking CC
Mtg attendance
Yes No
Yes
No
CC Mtg
Optional letter w/explanation
EO not
recorded
– Work
ongoing
NOI, AFNOI
Property
owner
records at
Registry –
Work
ongoing
Optional 2nd
Letter
EO
Certificate of
Compliance
Lift EO
EO
recorded
and
property
remains in
violation
DEP
Work w/o
NOI/EO
Resolved
Con Comm
records EO
at Registry –
Work
ongoing
DEP
Strike
Force
Chap 91
W-ways
Civil / Criminal
Superceding / Final Action
Recorded, work completed
Complaint / Violation Categories & Description
Stage Description
1. Complaint Received
2. Property Owner Contacted
3. Cease & Desist
4. Written Request to Attend CC Meeting
5. Work Ongoing w/o EO or NOI
6. NOI, AFNOI, ANRAD (not yet recorded)
7. NOI, AFNOI,ANRAD Recorded – work ongoing
8. Enforcement Order Issued
9. Enforcement Order – Not recorded, work ongoing
10. Enforcement Order – Recorded, work ongoing
11. Enforcement Order – Recorded, continued violation
12. Department of Environmental Protection
13. Department of Environmental Protection – Strike force
14. Department of Environmental Protection – Chapter 91
15. Criminal / Civil Action
16. Resolved







WPA Emergency Certification
Rev. 01/31/0
Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Emergency Certification Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Emergency Information
Issuance From:
Issuing Authority
1. Site Location:
2 Reason for Emergency:
3. Applicant to perform work:
4. Public agency to perform work or public agency ordering the work to be performed:
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
5. Date of Site Visit: Start Date: End Date*:
* no later than 30 days from start date or 60 days in the
case of an Immediate Response Action approved by
DEP to address an oil/hazardous material release.
6. Work to be allowed*:
* May not include work beyond that necessary to abate the emergency.
B. Signatures
Certified to be an Emergency by this Issuing Authority.
Signatures:
Chairman (or designee)
Date
A copy of this form must be provided to the appropriate DEP Regional Office.
WPA Emergency Certification
Rev. 01/31/0
Page 2 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Emergency Certification Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Emergency Certification or subject to
enforcement action.
2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights.
3. This Emergency Certification does not relieve the applicant or any other person of the necessity of
complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. Any work conducted beyond that described above, and any work conducted beyond that necessary to
abate the emergency, shall require the filing of a Notice of Intent.
5. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Emergency Certification at
reasonable hours to evaluate compliance with this Certification, and may require the submittal of any
data deemed necessary by the Conservation Commission or the Department for that evaluation.
6. This Emergency Certification shall apply to any contractor or any other person performing work
authorized under this Certification.
7. No work may be authorized beyond 30 days from the date of this certification without written approval
of the Department.
D. Special Conditions
E. Appeals
The Department may, on its own motion or at the request of any person, review: an emergency
certification issued by a conservation commission and any work permitted thereunder; a denial by a
conservation commission of a request for emergency certification; or the failure by a conservation
commission to act within 24 hours of a request for emergency certification. Such review shall not
operate to stay the work permitted by the emergency certification unless the Department specifically so
orders. The Department’s review shall be conducted within seven days of: issuance by a conservation
commission of the emergency certification; denial by a conservation commission of the emergency
certification; or failure by a conservation commission to act within 24 hours of a request for emergency
certification. If certification was improperly granted, or the work allowed thereunder is excessive or not
required to protect the health and safety of citizens of the Commonwealth, the Department may revoke
the emergency certification, condition the work permitted thereunder, or take such other action as it
deems appropriate.



" TOWN OF WESTPOllT
856 Main Road
Westport, Massachusetts 02790
Tel. (508) 636-1019
Conservation Commission
Sou Conservation Board
To:
From:
RE:
Date:
Land owners in 'Westport
Westport Conservation Commission
Estimating Wetland Acreage on Land in Westport
January 23, 2009
At the January 13, 2009 meeting, the Westport Conservation Commission discussed the
recent spate of requests from residents requesting assistance from the Commission in
obtaining documentation of wetlands on their property. It is the decision of the
Commission that the Commission should not issue informal assessments of wetlands,
including assessments based on GIS, or other aerial based, wetlands mapping. While the
GIS mapping for the town is a valuable tool, and provides a relative assessment of the
ratio of uplands to wetlands onthe various lots in Town, it is not a tool that the
Commission will accept in evaluating site specific wetlands. The Commission does
encourage land owners to use the Town GIS mapping to make informal assessments of
wetland acreage for use in determining the need or viability of additional, site specific
wetlands assessment.
The Commission has decided that any land owner requesting a determination of the
extent of wetlands on any site in Westport should file an Abbreviated Notice of Resource
Area Delineation (ANRAD). This ANRAD filing must be accompanied by a surveyed
plan of the wetland resources on a property, as delineated by a qualified wetlands
professional. Upon receipt of such a filing, the Commission will commence the statutory
review of the ANRAD, and ultimately issue an Order of Resource Area Delineation
(ORAD). This ORAD will exactly define the limits and extent of any and all statutory
wetlands on the referenced property.
The Commission can not make assumptions or).the d;y~lopment potential of a property
based on the extent of wetlands delineated on the property. The Commission is
suggesting that land owners file a building permit application as a means of determining
the suitability of any site for a particular land use. This action willresult in a definitive
and consistent review by all relevant municipal agencies. .