End Run Around Local Wetlands Jurisdiction? Not So Fast
According to the Wetlands Protection Act, when an applicant files a notice of intent with a local conservation commission to perform work that may impact wetlands, the commission has 21 days to open a public hearing to consider the impact of the proposed work on the wetlands. If a commission fails to open a public hearing within 21 days, an applicant may bypass the commission and apply directly to MassDEP for its approval in the form of a request for a superseding order of conditions. In such circumstances, the superseding order of conditions controls and the conservation commission loses all jurisdiction over the project described in the notice of intent. An advantage to filing a request for a superseding order from MassDEP is that state wetlands regulations are often less stringent than local regulations.
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