Notice of Intent (NOI) Overview

The Notice of Intent (NOI) and Request for Determination of Applicability (RDA) processes and application forms are tools of MA DEP, administered locally by the Conservation Commission.  In addition to the regulations from the state there are local Wetland Bylaw regulations that may apply to your proposed project.  The process is very prescribed and can seem overwhelming at first. 

The NOI application can be completed via the online DEP system or printed and submitted in hard copy. The RDA application must be printed and submitted in hard copy. In either case, a copy of the application form needs to be submitted:

  • to the DEP office for review (MassDEP Central - 8 New Bond Street - Worcester, MA 01606),
  • to the Conservation Agent with local payments
  • for NOIs only - to their PO Box (Department of Environmental Protection - Box 4062 - Boston, MA 02211) with payment

Upon receipt of a complete application the Conservation Agent will move forward to schedule a public hearing with the Conservation Commission.  The Commission currently meets the second Thursday of each month at Town Hall.

For both a NOI and an RDA the State mandates that notice to the public be posted in a newspaper with local print circulation.  The only current option for this is the Gardner News.  The Conservation Agent will draft and submit the notice to the newspaper.  The Gardner News will reach out for credit card payment directly from the applicant.

For a NOI the State mandates that notice be sent via certified mailing to all abutters within 100’ of the property.  Typically the Conservation Agent handles this step and a $7 per abutter fee is collected. 

At the public hearing you will be invited to provide an overview of the project to the Commissioners.  They will likely ask questions and may continue the hearing (keep it open until next month) to allow for a site visit or submission of additional information.  The public will also have an opportunity to ask questions and to comment on the proposal. Note that a NOI hearing can not be closed until DEP has issued a file number for the project/application.

Once the Commission has sufficient information they will close the public hearing and discuss the project, ultimately rendering a decision. 

The decision following a RDA is called a Determination of Applicability (DOA).  The DOA may be a negative finding - meaning that there is no anticipated wetland impact and the work can proceed.  The DOA may also be a positive finding - meaning that a NOI submission and Order are needed before construction can begin.  Either decision needs to be signed by the commission to be official.  If an applicant believes that a posiitive DOA is likely they can opt to start with the NOI process directly and save some time and cost.

The decision following a NOI is called the Order of Conditions (Order or OoC). This document will outline the conditions necessary for the work to be done. The Order then needs to be signed by the Commission members and you will need to record the Order of Conditions with the Registry of Deeds and submit a copy of the receipt.  The Order will remain as a title restriction on the property until a Certificate of Compliance is recorded.  No work may begin until the Order has been recorded and the DEP number is posted on the construction site.  Upon completion of the project an Engineer or Architect needs to issue a letter certifying that the project has been completed in compliance with the Order.  This letter, along with an as-built survey of the completed project and the Request for Certificate of Compliance (another DEP form) need to be submitted to the Conservation Agent.  Upon review and approval of the Conservation Commission a Certificate of Compliance will be issued.  This document needs to be recorded at the Registry of Deeds to remove the title restriction.