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Office of Planning & Development (mezzanine level) City Hall 281 Broadway Revere, Massachusetts 02151 Tel/Fax: 781-286-8185/781-286-8180 Email: revere_concom@revere.org |
Belle Isle Marsh
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Andrew B. DeSantis, Chair - Christine Robertson, Vice-Chair Members: Joseph James, Joseph LaValle, Vincent Cammarata, Michael Furlong and Paul Mazzone. |
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The Revere Conservation Commission meets the first Wednesday of every month at the Revere City Council Chambers, Revere City Hall, 281 Broadway, Revere, Massachusetts. Notice of meetings are posted on the bulletin board outside of the City Clerks Office in City Hall.
If your project or property is located in an area subject to the jurisdiction of the Revere Conservation Commission, the following applies:
Any disturbance of alteration of land in an area either within or near a Wetland Resource Authority or within 100 feet of the 100 yr. flood plain is subject to Conservation Commission jurisdiction. A disturbance can be as substantial as a new commercial development, constructing a new home or an addition or as minor as putting in a new lawn, pool, shed or driveway.
If you answer yes to any of these questions, you are in an area likely subject to the jurisdiction of the Revere Conservation Commission.
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Does your land have "standing water"? Does your property "pool" with water after a rainstorm or winter storm? Do you have "phragmites" or common reed or water loving trees/wild plants on your lot? Is your land near to or abut a stream, river, or the ocean? Is your land close to the Salt Marsh or what appears to be Marshland? Are you in a "flood plain" according to the FEMA maps? Do you pay 'flood' insurance? Does your lot abut known conservation land? |
Rumney Marsh |
What do you need to do as a potential builder if any of these questions apply to you?
If you think that any of these questions may apply to your project, you may have to fill out a required application, such as a Determination of Applicability or Notice of Intent which require Public Hearings the City of Reveres' Conservation Commission in an open and publicly noticed forum.
Information on this website is provided to help you get your project started off in the right direction, it will also allow for you to understand the "Wetlands Protection Act" that is mandated by the Commonwealth of Massachusetts General Chapter 131 Section 40. Code of Massachusetts Regulations 310.10 and Title 16 Chapter 16.04 of the Revere City Ordinances detail the requirements for work in areas subject to the Wetlands Protection Act that may apply to your project. Knowledge of these requirements allows you to work in cooperation with the City of Revere, your engineers, architects, builders and others that may be involved with your project. Properly following the required process will ensure that the road to completion of your project, with the proper hearings, permitting, licensing in place, will be completed in a smooth and timely fashion allowing you to finish your project in the most cost-effective manner possible.
More information on the state regulations can be found on the web at:
http://www.mass.gov/dep/water/resources/wetlands.htm
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Massachusetts General Law Chapter 131 Section 40 the 'Wetlands Protection Act' is the governing law for enforcement of environmental regulations in the Commonwealth of Massachusetts. Local communities are allowed to have their own Wetland Bylaws or Ordinances to further protect wetlands within their jurisdiction. The City of Revere Revised Municipal Ordinance has a section entitled Title 16 Environment Chapter 16.04 Wetlands Protection. Some additional requirements for constructing in wetlands in Revere are contained in the Title 17 Zoning section of the City of Revere Revised Municipal Ordinances.
Filings before the Conservation Commission are made to determine whether the proposed work is significant to the statutorily protected interests of the Wetlands Protection Act.
The protected interests of the Wetlands Protection Act include the following:
- Public Water Supply
- Private Water Supply
- Groundwater Supply
- Land Containing Shellfish
- Fisheries
- Storm Damage Prevention
- Prevention of Pollution
- Protection of Wildlife Habitat
- Flood Control
The applicant must show that either the proposed work is not significant to these interests or that the project will contain such provisions that the work will meet performance standards set by Commonwealth of Massachusetts for work in areas where any of the protected interests of a particular wetlands resource area are significant to the Wetlands Protection Act. THE BURDEN OF PROOF IN ALL CASES IS UPON THE APPLICANT.
The Commonwealth of Massachusetts has codified regulations pertaining to the Wetlands Protection Act in the Code of Massachusetts Regulations 310CMR10.00. This regulation is divided into three main sections, Regulations for All Wetlands, Additional Regulations for Coastal Wetlands and Additional Regulations for Inland Wetlands. Additional Regulations may apply for areas of special environmental value such as Areas of Critical Environmental Concern. Rumney Marsh and Belle Isle Marsh are the two Areas of Critical Environmental Concern in the City of Revere. Various technical publications from from both the federal and state governments are readily available to assist an applicant in making sure their project meets the requirements for building in wetland areas. Additional permit requirements for projects may be required. Projects in filled tidelands require Chapter 91 Licensing. The Revere Conservation Commission has not accepted local responsibility for Chapter 91 Licensing, however an applicant is typically requested to provide documentation that they have received or do not need Chapter 91 Licensing.
Instructions for filing with the Revere
Conservation Commission
After You Have Applied for Your Permit
When the Commission has received your application (RDA or NOI) it will be reviewed for completeness and if found complete, you will be notified of the date of the public hearing. Public Notice will have to be advertised in The Revere Journal and abutter notification will need to be done in a timely manner before the public hearing in accordance with the regulations.
At the public hearing you will be called to the speakers podium by the chair and you or your representative will be asked to inform the Commission of your planned work. Commission members may then ask questions regarding your proposal. Any interested parties and abutters in the audience will be asked if they wish to speak in favor or opposition to your project or have any questions regarding your project.
A site visit is usually scheduled by the commission to view the project site. If possible a site visit may be scheduled prior to your hearing. Usually the site visit is scheduled at the public hearing. When the site visit is scheduled at the public hearing the public hearing for your project will be continued to the next monthly meeting of the Commission. Site visits usually take place on a Saturday morning and you or representative is expected to be present. Commission members may ask questions at the site visit.
Once the public hearing has been concluded your project is brought forward for a vote by the Commission. The vote can be for either an issuance of an Order of Conditions or a denial of an issuance of an Order of Conditions for the project. An Order of Conditions can be denied by the Commission for incomplete information or failure to address the protected interests of the Wetland Protection Act in accordance with regulations.
Appeals of actions can be made by project applicant, aggrieved interested parties or the Department of Environmental Protection. Appeals by the proponent or aggrieved interested parties must be made in writing to the Department of Environmental Protection within ten (10) business days of the issuance of a decision by the Commission. The appellant must utilize the Massachusetts Department of Environmental Protection's Request for Departmental Action Fee Transmittal Form for filing an appeal. The instructions on this form must be followed completely for the appeal to be considered for acceptance by DEP. Aggrieved interested parties must show participation in the public hearing process in order to have their appeal accepted.
When the Commission issues an Order of Conditions for a project the project applicant is required to record the Order at the Suffolk County Registry of deeds and submit proof of the recording to the Commission. Once proof of the recording has been received and the ten day appeal period has passed the project applicant is able to begin their process provided any other required permits have been obtained.
Orders from the Revere Conservation Commission expire. This period is typically three years but can be shorter. If your order expires before completion it can be extended. Typically the Commission extends orders for one year by vote. Requests for extensions need to be submitted in writing listing the DEP assigned file number, the project location and the applicant.
Upon completion of the project the applicant is required to obtain a Certificate of Compliance from the Commission. The recording of a Certificate of Compliance is necessary to clear title on the property. Real Estate transfers of property with open Orders of Condition have been delayed for the lack of a Certificate of Compliance. The applicant needs to submit a Request for a Certificate of Compliance (WPA Form 8A), an as-built plan signed and stamped by a profession engineer and a signed and stamped elevation certificate to obtain the Certificate of Compliance. The Commission will schedule a site visit to view the completed project for compliance. It found compliant the Commission will vote issuance of the Certificate of Compliance at it's next meeting. If the project is substantially in compliance, a partial compliance certificate may be issued. Ongoing conditions especially regarding maintenance of storm water management requirements may also be part of the issuance of the Certificate of Compliance.
Violations of the Wetland Protection Act and Revere City Ordinances
The Powers and Duties of Conservation Commissions are governed by Massachusetts:
General Laws Chapter 40 Section 8c.
Coastal Wetlands Protection:
General Law concerning protection of Coastal Wetlands Chapter 130 Section 105
Wetlands Regulations, Policies, Guidance, Application Forms & FAQS:
Department of Environmental Protection Wetlands Web Page
Searchable Department of Environmental Protection Notice of Intent Filings
EDEP Electronic Department of Environmental Protection Filing
Searchable Data Base for Environmental Issues and Resources in Massachusetts Communities
Massachusetts Geographic Information Systems Web Page
Massachusetts Association of Conservation Commissions
Federal Emergency Management Agency
FEMA Technical Bulletin 1-93 Openings in Foundation Walls
Area of Critical Environmental Concern Web Page
MASSDEP Environmental eNewsletter
Natural Heritage and Endangered Species Web Page
Massachusetts State Building Code 780 CMR 3100 Special Construction
(click thumbnail map for larger version - click back button on your browser to return to Concom Webpage)
Areas in Blue on the FEMA maps are the areas of the 100 year flood plain. Any work that disturbs the ground surface in these areas or within 100 feet of these areas are required to file with the Revere Conservation Commission. Any living spaces or utilities constructed within the 100 year flood plain are required to be at least one foot above the Base Flood Elevation. Flood Insurance Rate Maps (FIRM) prepared by the Federal Emergency Management Agency (Base Flood Elevation Maps) are available at the City of Revere Planning Department 281 Broadway, Revere, MA.