Projects, including alteration of vegetation, within an area subject to the Massachusetts Wetlands Protection Act or Lowell Wetlands Ordinance or within a 100-foot buffer zone of a wetland need approval of the Commission. Generally any lake, pond, river, permanent stream, or seasonal stream (including manmade drainage channels) are protected as well as any adjacent flood plain, swamp, marsh or wet meadow.

What if I am not sure if my land is in one of the above areas?

You can check the flood plain maps or file a Request for Determination of Applicability with the commission. Flood plain maps are generally accurate but for flood plain activity the Flood Insurance Rate Map Study is determinative and will need to be consulted.

What is the cost of filing a Request for Determination of Applicability?

There is a $75 Application fee for a Request for Determination of Applicability.

What do I have to do for a Request for Determination of Applicability?

A completed form with all its attachments must be submitted to the conservation commission. Applicants also must send a copy of the form and attachments to the Northeast Regional office of the DEP and the property owner if different from the applicant. The original and all the copies must be sent simultaneously. Applicants will need to attend a conservation meeting. Abutters need to be notified as described below.

What is the difference between a Request for Determination of Applicability and a Notice of Intent?

A Request for Determination of Applicability is a form filed when you are not sure if your project is subject to the Wetlands Protection Act. A Notice of Intent is filed when you are planning a project that you know is subject to the Wetlands Protection Act.

Do I need to hire an Engineer?

In order for the Commission to make an accurate and fair determination of the proposal it is best to have a registered land surveyor or licensed engineer draw up the plans for the project. Most of them are very familiar with the guidelines given in the Act and regulations established under the Act. They can give you accurate advice on what can and cannot be done and produce a plan for the local and state review process.

Do I need to notify abutters to my land?

Yes. You need to call the assessor's office and request a certified list of all abutters within 100 feet. You need to send a letter to all abutters, including those across a traveled way or railroad bed. The letter shall state what work is to be done and where a copy of the plans may be examined. The letter needs to be sent certified mail return receipt requested.

I filled out the Notice of Intent, now what?

You need to send the following:

• Department of Environmental Protection Northeast Regional Office- Two copies of the Notice of Intent and Plans, a copy of the fee transmittal form and the wetlands filing fee calculation worksheet, copy of the check.
• Department of Environmental Protection - Boston Office - One copy of the Notice of Intent, Wetlands Fee calculation worksheet, Notice of Intent fee transmittal form and the check.
• City of Lowell - Conservation Commission - 8 Copies of the Notice of intent, 8 copies of the plans, copy of the fee transmittal form, copy of the wetlands filing form, copy of the certified list of abutters, receipts from the certified mail of letter to abutters, Check for filing fee.
• Additional copies of Notice of intent and plans need to be sent to the following:
  • Lowell Planning Board
  • Lowell Board of Health
  • Lowell Building Inspector
  • Clerk of the City Council in Lowell
  • You will need to attend a conservation commission meeting.

Why do I need to send so many copies?

The Lowell Conservation Commission has 7 members and one administrator. Each member receives a copy of the plans before the meeting so they have time to review the project. The administrator needs a copy for the project file. The Boards in the City receive a copy to review for their purposes. They have a 14-day period in which to reply to the conservation commission with any questions or comments.

Do I have to appear before the commission?

Yes. The conservation commission administrator will place an ad in the Lowell Sun of when the meeting will be. The ad shall be placed at least 5 days prior to the meeting, usually the Wednesday before the meeting. You will also receive a notice in the mail.

What will happen at the Conservation Commission meeting?

The applicant will outline the terms of the project to the commission and answer any questions that the commission members may have. You may also have to answer any questions the abutters may have regarding your project.

If you are requesting a Determination of Applicability the commission will either order a negative or positive determination. A negative determination means that the Ordinance does not apply and you can proceed with your plans. A positive determination means that the Ordinance does apply and you will have to file a Notice of Intent.

If you are filing a Notice of Intent the commission will either:

• Approve and issue an Order of Conditions,
• Deny the project, OR
• Advise the applicant of needed changes.

If the Commission approves and issues an Order of Conditions, how long is it good for?

A permit is good for three years from the date of issuance. Any permit may be renewed once for an additional one-year period.

When are Conservation Commission Meetings held?

Commission meetings are generally held on the first and third Wednesday of every month at 7:00 PM. In case of bad weather or holidays, you should call the Planning and Development Office at 970-4252.

Where are the Conservation Commission Meetings held?

The meetings are held in the Division of Planning and Development Conference room on the second floor of the JFK Civic Center, 50 Arcand Drive, Lowell, Massachusetts.

What happens if I do not file?

The Conservation Commission and the state do not look kindly on people who disregard the wetland regulations. Whoever violates any provision of the Act shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years or both.

What do I do with the Department of Environmental Protection file number?

Any site where work is being done which is subject to this section shall display a sign, of not less than two square feet or more than 3 square feet bearing the words “Massachusetts Department of Environmental Protection File Number ...”

Can anyone attend the Conservation Meetings?

Yes. The meetings are always open to the public.

Where can I get a copy of the applications I need?

At the Department of Planning and Development, John F. Kennedy Civic Center, 2nd floor, 50 Arcand Drive. Applications can also be downloaded from the Massachusetts Department of Environmental Protection Website at http://www.state.ma.us/dep/, click permit and applications.