NOI Filing Requirements

Notice of Intent (NOI): When filing a Notice of Intent*, applicants use MA Wetland Protection Act (WPA) Form 3. The Town of Duxbury 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. The fees under the Town Wetlands Protection Bylaw are listed in the Duxbury Conservation Commission Rules & Regulations (Appendix A) and on the Town's web page (www.town.duxbury.ma.us).

*It is recommended that available forms are filled out through eDEP, as it ensures that they are filled out completely. Visit the eDEP webpage for more information: https://edep.dep.mass.gov/edep/DEPlogin.aspx

Effective October 16, 2023, MA Division of Marine Fisheries (DMF) review of permit applications for coastal alteration projects in the municipalities from Cohasset to Plymouth is being realigned such that all projects within this region will be reviewed by DMF Habitat staff from our North Shore office in Gloucester, MA. Our South Shore office will continue handling environmental review for all towns from Bourne to the Rhode Island border. You are receiving this correspondence because your municipality or agency will be affected by this change. As such, please submit permit applications and correspondences for coastal construction projects to the following email address: dmf.envreview-south@mass.gov 

Supporting documents: The NOI must include a written narrative of the proposed project with the following information:

  • Address, Parcel ID, Owner info, and Date
  • Resource area description and delineation details
  • Executive summary of existing conditions
  • Executive summary of proposed conditions
  • Closest point of disturbance to Bordering Vegetated Wetlands (BVW) and/or ANY and ALL resource areas protected under the Wetlands Protected Act
  • Construction sequencing and staging plan

Site Plans: The NOI must include a plan set (1” = 10’ or 1” = 20’ scale) with the following information:

  • Title block with applicant’s name, project address, parcel ID, scale, and date
  • Wetland Boundaries, 25’, 50’ & 100’ Buffer
  • Existing Conditions and Proposed Work
  • Parcel lines, easements, structures, pavement, edge of lawn, canopy tree line
  • Topography and grading (if relevant to the proposed project)
  • Septic system, stormwater, and drainage infrastructure
  • Limit of work, erosion controls, and topsoil stockpile area
  • Closest distance point of disturbance to wetland area

Fees: 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 included with the NOI. 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. A check made payable to “Town of Duxbury” is submitted with the completed 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 transmittal form and calculation sheet to the NOI application (DO NOT attach copies of checks).

Public Hearing: Contact the Conservation Commission Office to obtain the date of the public hearing with the Conservation Commission. You or your representatives should attend the public hearing to explain the project and answer questions.

Notify Abutters: 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. Proof of mailing must be submitted to the Conservation Commission.

Submitting a NOI:

Include:

  • Original signed Notice of Intent application form
  • 2 full-sized copies of any plans and other supporting documents (DO NOT INCLUDE COPIES OF CHECKS)
  • Check made payable to the ‘Duxbury Clipper’ for $50
  • Check made payable to the ‘Town of Duxbury’ for the State fees and Town of Duxbury Bylaw filing fees
  • Submit all materials via email to: Conservation@town.duxbury.ma.us and deliver two printed sets in-person or by mail to: Duxbury Town Hall, Attn: Conservation Department, 878 Tremont Street, Duxbury, MA  02332

      

Note that an application is not considered complete until both mailed and emailed materials, as well as the appropriate fees, are received by the Conservation Department at Town Hall.

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.

Submit application to MassDEP: It is recommended that forms are filled out through the eDEP website as it ensures they are completed correctly. More information can be found at:

https://edep.dep.mass.gov/edep/DEPlogin.aspx.

If eDEP is not used, scan the complete submittal package and email it to: SERO_NOI@MASS.GOV with the subject line using the following format: “DUXBURY - NOI – STREET ADDRESS – APPLICANT NAME”.

If electronic submittal is not possible, hand-deliver or mail one (1) complete copy of the NOI and plans as soon as possible by certified mail to: Department of Environmental Protection, Southeast Region, 20 Riverside Drive, Lakeville, MA 02347. (Please note this method could delay the issue of a DEP file number, which may delay the hearing date.)

Effective October 16, 2023, MA Division of Marine Fisheries (DMF) review of permit applications for coastal alteration projects in the municipalities from Cohasset to Plymouth is being realigned such that all projects within this region will be reviewed by DMF Habitat staff from our North Shore office in Gloucester, MA. Our South Shore office will continue handling environmental review for all towns from Bourne to the Rhode Island border. You are receiving this correspondence because your municipality or agency will be affected by this change. As such, please submit permit applications and correspondences for coastal construction projects to the following email addresses: dmf.envreview-south@mass.gov