Filing, Forms, & Permits

Application Filing, Forms & Permits

The Town of Pembroke requires applicants filing for permits to use the Wetlands Protection Act (WPA) forms.  The Town of Pembroke does not have separate application forms under its Town Wetland Bylaw.


Application Filing Deadline:

The Conservation Commission meets approximately every two weeks on Monday nights at 7:00 pm at the Town Hall.  In order to get on the agenda for a particular meeting, a new application must be submitted to the Conservation Department by 9am on the Monday, two weeks in advance of a scheduled meeting.  For any continued public hearing, additional information requested by the Conservation Commission must be submitted to the Conservation Department by noon on the Monday before the Conservation Commission meeting.


Request for Determination of Applicability (RDA):

Used for small projects outside wetland areas where the applicant requests the Conservation Commission to determine if the Massachusetts Wetlands Protection Act or the Town Wetland Bylaw is applicable to the proposed work activity.  Prior to altering existing conditions or conducting work within any resource area an RDA should be filed.  This submission shall be made on the form (WPA Form 1) and according to instructions provided by the Town of Pembroke and required by State regulation 310 CMR 10.05 (3)(a)(b), and a public meeting on requests under both Town and State regulations may be held at the same time.

RDA Filing Requirements:

  1. The RDA should include a written description of the proposed work and a site plan that shows the pre-construction and post construction conditions.  The site plan should show the wetland location and type of wetlands and distance from the proposed project to the wetlands. Photographs are helpful to show the existing conditions of the site.
  2.  Local filing fee of $75, payable to Town of Pembroke
  3. The public meeting for the project must be advertised in the local paper. Please include a $25 check payable to Town of Pembroke with the RDA.
  4. Submit two (2) sets of plans including the original RDA form with required signatures and all accompanying material (plans, specifications, calculations, maps, etc.), plus an electronic copy (if possible)
  5. Send one (1) copy of the RDA and plans as soon as possible by certified mail to:  Department of Environmental Protection (DEP), Southeast Region, 20 Riverside Drive, Lakeville, MA 02347.
  6. Upon receipt of the application by the Pembroke Conservation Commission, a public meeting will be scheduled at an upcoming Conservation Commission meeting.  You or your representatives should attend the public meeting to explain the project and answer questions.

 


 

Notice of Intent (NOI):

Must be filed for any activity proposed within a resource area, which involves expansion or change in use or significant excavation and/or alteration of existing grades, soils and vegetation.  NOIs are required for large projects, such as septic repairs, house construction, and site work or vegetative cutting with machinery.  The Notice shall be submitted on the form (WPA Form 3) and according to instructions provided by the Town of Pembroke Conservation Commission and required by State regulation 310 CMR 10.05(4), and a public hearing under both Town and State regulations shall be held at the same time.

NOI Filing Requirements

  1. When filing a Notice of Intent an applicant uses the MA Wetland Protection Act (WPA) form 3.  The Town of Pembroke does not have separate application form under the Town Wetlands Protection Bylaw.  The applicant will be paying fees both under the Wetland Protection Act and the Town Wetlands Protection Bylaw.  
  2. The NOI should include a written description of the proposed work and a site plan that shows the pre-construction and post construction conditions.  The site plan should show the wetland location and type of wetlands. Photographs are helpful to show the existing conditions of the site. Please submit two (2) copies to the Conservation office, plus an electronic copy should be emailed to the Administrative Agent.
  3. Filing fees – There are both state and local fees associated with an NOI. The filing fee for a NOI under the MA Wetlands Protection Act M.G.L. c. 131, s.40 is determined from the WPA Fee Transmittal Form.  The Town’s portion of the total application fee is the sum of the town’s share of fee under the Wetlands Protection Act plus the fee under the Town Bylaw and should be made payable to Town of Pembroke and submitted with the NOI.  The Department of Environmental Protection’s (DEP) portion of the fee is sent to DEP, Box 4062, Boston, MA 02211 along with the Fee Transmittal Form and calculation sheet.  Attach a copy of the checks, transmittal form and calculation sheet to the NOI. For the local fee, see the Local Filing Fees page.
  4. An abutter’s notification form must be sent by the applicant by certified mail to all abutters within 100 feet of the property line where the proposed project is located. The abutter's notification should include the date and time of the public hearing.
  5. The applicant shall provide a copy of the NOI and plans to all appropriate town officials, committees, or boards having joint jurisdiction over the proposed project.
  6. The public hearing must also be advertised in the local paper, please include a $25 check payable to Town of Pembroke with the NOI.

If approved, an Order of Conditions (OOC) will be issued. Before issuance, a check made payable to the Registry of Deeds for $107, as well as a local filing fee of $75 must be submitted to the Conservation office. An OOC is valid for three years. Any Special Conditions required by the Conservation Commission will be included in the OOC. Once the project is completed, the applicant must file a Request for a Certificate of Compliance. In the case that the project is not completed within the three years an extension can be filed. 


Certificate of Compliance (COC):

The document an applicant or property owner receives from the Conservation Commission once all the work permitted under an Order of Conditions (OOC) has been satisfactorily completed.  A Certificate of Compliance is only issued after the Conservation Commission is satisfied that all the work has been completed in accordance with the Order of Conditions and the approved plan. To request a COC an applicant/property owner must submit in writing a request for a COC.  The request should be made using the WPA form 8A (A Request for Certificate of Compliance form)

COC Filing Requirements:

  1. Applicant/property owner must submit in writing a request for a COC.  The request should be made using the WPA form 8A (A Request for Certificate of Compliance form)
  2. This request should be accompanied by a check made out to the Town of Pembroke for $75.
  3.  When the OOC specifies, the applicant must also submit an as-built plan and an engineer's certification that the work was completed in compliance with the Order of Conditions.  
  4. After receipt of these items, the Conservation Agent will conduct a site inspection.   The Conservation Commission will then vote whether to issue the Certificate of Compliance at the Commission's next meeting after the site inspection.
  5. Once the Conservation Commission issues the Certificate of Compliance it must be filed with the Registry of Deeds. A check for $107 made payable to the Registry of Deeds must be submitted to the Conservation Office. The Administrative Agent will file the documents with the Registry of Deeds and submit a copy to the DEP. It is important to note that recording a certificate of compliance at the Registry of Deeds is the only way an encumbrance placed on a property's title by an Order of Conditions can be removed.
 

Abbreviated Notice of Resource Area Delineation (ANRAD):

The ANRAD should include a site plan showing the wetland flag location and type of wetlands.  When filing an ANRAD an applicant uses the MA Wetland Protection Act (WPA) form 4A.  The Town of Pembroke does not have separate application form under the Town Wetlands Protection Bylaw.  The applicant will however be paying fees both under the Wetland Protection Act and the Town Wetlands Protection Bylaw.

ANRAD Filing Requirements:

 1. The ANRAD should include a site plan showing the wetland flag location and type of wetlands.

 2. When filing an ANRAD an applicant uses the MA Wetland Protection Act (WPA) form 4A. The Town of Pembroke does not have separate application form under the Town Wetlands Protection Bylaw. The applicant will however be paying fees both under the Wetland Protection Act and the Town Wetlands Protection Bylaw.

3. Filing fee – The filing fee for an ANRAD under the MA Wetlands Protection Act M.G.L. c. 131, s.40 is determined from the WPA Fee Transmittal Form. The Town’s portion of the total application fee is the sum of the town’s share of fee under the Wetlands Protection Act plus the fee under the Town Bylaw and should be made payable to “Town of Pembroke” and submitted with the ANRAD. The Department of Environmental Protection’s (DEP) portion of the fee is sent to DEP, Box 4062, Boston, MA 02211 along with the Fee Transmittal Form. Attach a copy of the checks, transmittal form to the ANRAD.

4. An abutter’s notification form must be sent by the applicant by certified mail to all abutters within 100 feet of the property line where the proposed project is located.

5. The public hearing must also be advertised, please include a $25 check payable to Town of Pembroke with the ANRAD.

6. Submit two (2) complete copy of the ANRAD including all accompanying material (plans, specifications, calculations, etc.) to the Pembroke Conservation Commission.

7. Hand-deliver or send TWO (2) copies of the ANRAD and plans as soon as possible by certified mail to: Department of Environmental Protection (DEP) Southeast Region 20 Riverside Drive Lakeville, MA 02347

8. You or your representatives should attend the public hearing to explain the project and answer questions.

 

For updated forms and more information regarding the Wetlands Protection Act click here.