Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders
Section 12.06 - Wetland Boundary Delineation Procedures
Current through Register 1531, September 27, 2024
Any person having an interest in any affected coastal wetland (hereinafter referred to in 310 CMR 12.06 as the "requesting person") shall have the right to request a wetland boundary delineation in accordance with the procedures set forth below. Such a request may be made at any time subsequent to the Department's giving notice pursuant to 310 CMR 12.03 but not later than 14 days after the close of the public hearing record, unless good cause for the delay in making such a request can be shown to the Department.
(1) On-Site Inspections. The Department shall make available, for the purpose of requesting on-site inspections pursuant to 310 CMR 12.06 request forms as shown in 310 CMR 12.22 Appendix A. These forms shall be available at the preliminary informational meeting and public hearing held pursuant to 310 CMR 12.00, and at the Wetlands Restriction Program Section of the Department's offices, during normal business hours, at 1 Winter Street, Boston, Massachusetts 02108.
Completed request forms shall be sent to the Department at the above address. No form shall be deemed to be received unless properly completed, and improperly completed forms shall be returned.
The requesting person shall also contact the Department to arrange a time, date and meeting place for the on-site inspection. The location of the inspection shall be at the place or places specified on the request form.
The Department's representative shall meet with the requesting person at the agreed upon time, date and place.
The Department's representative shall indicate the location of the coastal wetland boundary on the site. The Department may, through its representative, conduct the on-site inspection without the requesting person, if the Department, prior thereto, has secured permission to do so from the requesting person.
The Department may answer any questions posed by the requesting person concerning the designation of the site inspected as land affected by an Order.
(2) Delineation of Coastal Wetlands on Assessor's Maps. The Department, if requested, shall send the requesting person a tracing or copy of the applicable portion of the assessor's map or maps indicating the location of the boundary of the affected coastal wetland in relation to the requesting person's land.
(3) Delineation of Coastal Wetlands on Plot Plans. The Department, if requested, shall indicate the location of the affected coastal wetland on an individual plot plan submitted by the requesting person to the Department.
