Town of Falmouth, MA Wetland Regulations Permit Forms
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Falmouth Wetland Regulations prepared by the BBNEP
Visit the Tow of Falmouth Website for the latest version.
Town of Falmouth
FWR 10.99 Forms
FWR 10.99 contents
General Instructions for Completing Request for Determination of Applicability (Form
A)
General Instructions for Completing Permit Application (Form C), and Abbreviated
Permit Application (Form D)
Click on forms highlighted as links to open as a PDF file (most 15 to 40 kb each, right click to save to your computer).
Form A Request for a Determination of Applicability
Form B Determination of Applicability
Form C Permit Application Under Falmouth Wetlands Bylaw
Form D Abbreviated Permit Application
Form E Permit
Form F Notification of Non-Significance
Form G Extension Permit
Form H Certificate of Compliance
Form I - CD Cease and Desist Order and Form I - EO Enforcement Order
Form HR Request for a Hearing
Form AG Notice for Agricultural Work
Form AR Application for Administrative Review
Form EC Emergency Certification
Inspection Form
Form SS Shellfish Survey (with instructions)
Stormwater Regulations checklist
Submit this checklist whenever your project has stormwater designs or a stormwater management plan.
Stormwater Pre- Post Development Summary sheet
Submit this checklist whenever your project has stormwater designs or a stormwater management plan.
FWR 10.99
General Instructions
General Instructions
for Completing
Town of Falmouth
Request for Determination of Applicability (Form A)
Falmouth Wetlands Bylaw
Chapter 235 of the Code of Falmouth
Purpose
The purpose of the Request for Determination of Applicability is to provide the Conservation
Commission
with a complete and accurate description of the following in order to determine if a Permit is required
for
the work:
The site, including the type and boundaries of areas subject to protection
("resource areas")
and,
The proposed work.
When a Request for Determination of Applicability is filed to verify a resource area
boundary, the
Conservation Commission must be provided a complete and accurate description of the site,
including the
type and boundaries of resource areas for which verification is requested, in order to determine if a
resource
area boundary is correct:
When a Request for Determination of Applicability is filed to determine if an area is
subject to Chapter 235
of the Code of Falmouth, the Conservation Commission must be provided a complete and accurate
description of the site in order to determine if an area is subject jurisdiction under chapter 235 of the
Code
of Falmouth:
This information is necessary for the Conservation Commission to fulfill its responsibility to
protect the
Town of Falmouth's wetlands resources in accordance with the Falmouth Wetlands Bylaw, Chapter
235 of
the Code of Falmouth (the "Bylaw").
Responsibility of Applicant
The role of the Conservation Commission is that of a reviewing agency. It is the applicant's
responsibility
to provide all of the information required for this review. It is therefore in the interest of the applicant
to
submit as complete and accurate a description of their project as possible to ensure that requests for
additional information by the Conservation Commission do not result in an unnecessary delay of their
project.
FWR 10.99
General Instructions: Request for Determination of Applicability, continued
Submittal Requirements
Before a Conservation Commission can go forward with its review, the applicant must submit
the following
materials:
1. Two (2) copies of a completed Request for Determination of Applicability (Form A
of FWR
10.99).
2. Two (2) copies of plans, and other documentation necessary to completely
describe the
proposed work and/or site.
3. Two copies of an 8½" x 11" section of the USGS quadrangle map of the
area, containing
sufficient information for the Conservation Commission to locate the site of the work.
4. The filing fee, as determined in FWR 10.09.
Plans
Plans should be of adequate size, scale and detail to completely and accurately describe the
site and the work
proposed. The following guidelines are provided to ensure uniformity:
Sheet Size:
Maximum 24" x 36".
Where more than one sheet is required to describe the
proposed work, provide an additional
sheet indexing all other sheets and showing a generalized composite of all work proposed
within Areas Subject to Protection Under the Bylaw.
Scale:
Not more than 1" = 50'.
Where plans are reduced, display graphical scales.
Margins:
For 8½" x 11" plans, at least 1" left margin for binding,
and all other margins at least ½".
For plans larger than 8½" x 11", at least 2" left margin for
binding and all other margins at
least ½".
Title Block:
Included on all plans.
Located at the lower right-hand corner, oriented to be read
from the bottom when bound at
the left margin.
Include original date plus provisions for dates and nature of
revisions.
Content:
North Arrow;
Mean High Water, if applicable
FWR 10.99
General Instructions: Request for Determination of Applicability, continued
Content: continued
Estimated spot elevations or contours, with FEMA 100 year
flood elevation marked (maps
are available in the Conservation Administrator's office)
General vegetation types
Location of proposed work and distance to wetlands, water
body, dune, coastal bank or other
resource to be protected;
Location, capacity and age of septic system, if project will
increase the number of bedrooms;
Calculations based upon accurate measurements, although
plan does not necessarily require
an Engineer's stamp; and
How to reach the site from a major road;
On Site Requirements
Stake or flag the boundaries of the project at the site
concurrent with the time of legal notice
provided in the Enterprise.
FWR 10.99
Form A
Town of Falmouth
Applicant
Request for a Determination of Applicability
Chapter 235 of the Code of Falmouth
1. I, the undersigned, hereby request that the Falmouth Conservation Commission
make a determination as to
whether:
the area described below is subject to jurisdiction of the Falmouth
Wetlands Bylaw;
the resource area(s) depicted on the attached plan is correctly
delineated; and/or
the work to be performed on said areas, also described below, is
subject to the jurisdiction of the
Falmouth Wetlands Bylaw.
2. The area is described as follows. (Use maps or plans, if necessary, to provide a
description and the location of
the area subject to this request.)
Location: Street Address
Lot Number:
3. The work in said area is described below. (Use additional paper, if necessary, to
describe the proposed work.)
FWR 10.99
Form A continued
4. The owner(s) of the area, if not the person making this request, has been given
written notification of this request
on (date)
The name(s) and address(es) of the owner(s):
5. I understand that notification of this request will be placed in the
Enterprise at my expense in accordance with
Section 10.05(4)(b)1. of the regulations by the Conservation Commission and that I will be billed
accordingly.
Signature Name
Address Tel.
FWR 10.99
Form B
Applicant
Town of Falmouth Date Request Filed
Determination of Applicability
Chapter 235 of the Code of Falmouth
From: Falmouth Conservation Commission
TO:
(Name of person making request) (Name of property owner)
Address Address
This determination is issued and delivered as follows:
by hand delivery to person making request on
(date)
by certified mail, return receipt requested on
(date)
Pursuant to the authority of Chapter 235 of the Code of Falmouth, the Falmouth
Conservation Commission has
considered your request at a public hearing held on (date) for a
Determination of Applicability and
its supporting documentation, and has made the following determination (check whichever is
applicable):
Location: Street Address
Lot Number:
This Determination is positive.
1. Based on information submitted into the record by
, the area described
below, which includes all/part of the area described in your request, is an Area subject to Protection
under the Bylaw. Therefore, any removing, filing, dredging, building upon, degrading or otherwise
altering of that area requires the filing of a Permit Application.
FWR 10.99
Form B continued
2. Based on information submitted into the record by
, the resource area(s)
depicted in the plan submitted with your request is correctly delineated, with the following exceptions:
3. Based on information submitted into the record by
, the resource area(s)
depicted in the plan submitted with your request is incorrectly delineated.
4. Based on information submitted into the record by
, the work described
below, which includes all/part of the work described in your request, is within an Area Subject to
Protection Under the Bylaw and will remove, fill, dredge, build upon, degrade or otherwise alter that
area. Therefore, said work requires the filing of a Permit Application.
FWR 10.99
Form B continued
This Determination is negative:
1. Based on information submitted into the record by
, the area described in
your request is not an Area Subject to Protection Under the Bylaw.
2. Based on information submitted into the record by
, the work you
described in your request is within an Area Subject to Protection Under the Bylaw, but will not remove,
fill, dredge, build upon, degrade or otherwise alter that area. Therefore, said work does not require
the
filing of a Permit Application.
3. Based on information submitted into the record by
, the area you described
in your request is subject to Protection Under the Bylaw, but since the work you describe therein
meets
the requirements for the following exemption, as specified in the Bylaw and the regulations, no Permit
Application is required:
Issued by the Falmouth Conservation Commission
Signature(s)
This Determination must be signed by a majority of the Conservation Commission.
On this day of 19
, before me personally appeared
, to me known to be the person described in, and who executed,
the foregoing instrument,
and acknowledged that he/she executed the same as his/her free act and deed.
Notary Public My Commission Expires
This Determination does not relieve the applicant from complying with all
other applicable federal, state or local institutes, ordinances, by-laws
or regulations. This Determination shall be valid for three years from the date of issuance.
FWR 10.99
General Instructions
General Instructions
for Completing
Town of FalmouthPermit Application (Form C)
Abbreviated Permit Application (Form D)
Falmouth Wetlands Bylaw
Chapter 235 of the Code of Falmouth
Purpose
The purpose of the Permit Application is to provide the Conservation Commission and with a
complete and accurate
description of the following:
The site, including the type and
boundaries of areas subject to protection ("resource areas") and,
The proposed work, including all measures and designs
proposed to meet the performance standards set forth under each
applicable resource area specified in Part II and Part III of the regulations.
This information is necessary for the Conservation Commission to fulfill its responsibility to
protect the Town of
Falmouth's wetlands resources in accordance with the Falmouth Wetlands Bylaw, Chapter 235 of the
Code of
Falmouth (the "Bylaw").
Responsibility of Applicant
The role of the Conservation Commission is that of a reviewing agency. It is the applicant's
responsibility to provide
all of the information required for this review. It is therefore in interest of the applicant to submit as
complete and
accurate a description of their project as possible to ensure that requests for additional information by
the
Conservation Commission do not result in an unnecessary delay of their project.
Abbreviated Permit Application
The Abbreviated Permit Application (Form D) is provided to simplify filing requirements for
projects which are
likely to result in limited impacts on resource areas. This form may be used when:
1. the proposed work is not within the areas specified in FWR 10.02(1)(a) through
(d), or (j) through (k);
2. the proposed work will alter less than 1000 square feet of surface area; and
3. an Order of Conditions pursuant to the Massachusetts Wetlands Protection Act,
M.G.L. Chapter 131,
section 40, is not required.
FWR 10.99
General Instructions: Permit Application, continued
Submittal Requirements
Before a Conservation Commission can go forward with its review, the applicant must submit
the following
materials:
1. Two (2) copies of a completed Permit Application (Form C of FWR 10.99) or
Abbreviated Permit
Application (Form D of FWR 10.99), whichever is applicable.
2. Two (2) copies of plans, supporting calculations and other documentation
necessary to completely
describe the proposed work and mitigating measures.
3. Two (2) copies of plans showing compliance with Title 5 of the State Environmental
Code, 310 CMR
15.00, and Board if Health Regulations, if applicable (i.e., whenever a subsurface sewage
disposal
system is involved; see Part I, Section 10.03(3) of the regulations).
4. Two copies of an 8½" x 11" section of the USGS quadrangle map of the
area, containing sufficient
information for the Conservation Commission to locate the site of the work.
5. Ten copies of an 8 1/2" X 11" locus map which shows the lot, provides directions
(road map) and
describes the proposed activity on the ground (i.e., a house and septic system, a dock, etc.) and
sketches
the proposed work on the locus map; and
6. An erosion and stabilization plan which details erosion control methods to be
followed during
construction and the methods proposed to stabilize the disturbed areas after construction.
7. The filing fee, as determined in FWR 10.09.
8. A copy of the notice given to abutters as provided in FWR 10.05(5)(e), a list of
those abutters, and an
affidavit that notice was provided pursuant the FWR 10.05(5)(e).
Plans
Plans should be of adequate size, scale and detail to completely and accurately describe the
site and the work
proposed. The following guidelines are provided to ensure uniformity:
Sheet Size:
Maximum 24" x 36".
Where more than one sheet is required to describe the
proposed work, provide an additional sheet
indexing all other sheets and showing a generalized composite of all work proposed within Areas
Subject to Protection Under the Bylaw.
Scale:
Not more than 1" = 50' (1" = 20' preferred)
Where plans are reduced, display graphical scales.
Margins:
For 8½" x 11" plans, at least 1" left margin for binding,
and all other margins at least ½".
FWR 10.99
General Instructions: Permit Application, continued
For plans larger than 8½" x 11", at least 2" left margin for
binding and all other margins at least ½".
Title Block:
Included on all plans.
Located at the lower right-hand corner, oriented to be read
from the bottom when bound at the left
margin.
Include original date plus provisions for dates and nature of
revisions.
Content:
all environmental information provided to any other approving
board in the Town
all permits received from any other approving board in the
Town relative to the proposal
Area of Lot (square feet);
North Arrow;
Assessor's Reference: Map, Section, Parcel, Lot;
One foot contours based on MSL (NGVD);
Proposed new contours and amount of fill, including retaining
structures;
Existing natural drainage patterns and proposed alterations;
Boundaries of all resource areas, with the location of all
flagging, staking (if any) appropriately
numbered
Identification of indigenous upland and wetland vegetation;
The resource area buffer as required by FWR 10.18
Limit of work (construction envelope);
Location of temporary erosion control;
All below-ground alterations and structures, i.e., drainage,
septic systems, wells, storage tanks;
Distance of leaching facility to resource areas specified in
FWR 10.03(3);
Drainage easements and ways; and
DEM wetlands restrictions
On-Site Requirements
The following requirements are to be met concurrently with the time of legal notice provided
in the Enterprise:
1. Lot number must be clearly posted on property in view of the access road;
2. House number must be visible for existing house;
3. New structures or additions must be staked (4' stakes) for identification purposes
at all corners, including
decks or outbuildings. Stakes must be red-flagged and labeled. Building offsets must be shown;
4. Property boundaries must be staked at all corners;
5. Edge of freshwater wetlands and salt marsh must be marked with consecutively
numbered flagging or
stakes;
6. Flood zones must be flagged, staked or otherwise depicted in the field;
7. Limit of work must be flagged, staked or otherwise depicted in the field;
8. Walking access to the construction site must be provided.
FWR 10.99
General Instructions: Permit Application, continued
Requirement for Professional Services
The Conservation Commission may require that supporting plans and calculations be
prepared and stamped by a
registered professional engineer (PE) when, in its judgement, the complexity of the proposed work
warrants this
professional certification.
The following are examples of the type of information most likely to require certification by a
PE:
hydraulic and hydrologic calculations
critical elevations and inverts
drawings for water control structures such as head walls,
dams, and retention areas.
The Conservation Commission may also require that supporting materials be prepared by
other professionals
including, but not limited to, a registered architect, registered landscape architect, registered land
surveyor, registered
sanitarian, biologist, ecological scientist, geologist or hydrologist when in its judgement the complexity
of the
proposed work warrants the relevant specialized expertise.
Areas Subject to Wetlands Restrictions
To determine if an area is subject to a Wetlands Restriction Order pursuant to G.L. c. 131,
§40A or G.L. c. 130, §105
contact the Conservation Commission or the Department of Environmental Protection:
Division of Wetlands and Waterways
Department of Environmental Protection
One Winter Street
Boston, MA 02108
Additional information required for work proposed in the Land and Waters in the Black
Beach/Great
Sippewisset Marsh District of Critical Planning Concern
The area currently in a naturally vegetated condition and size
of that are in square feet
The area proposed to be in a naturally vegetated condition and
size in square feet
The existing gross floor area as of June 1, 1989.
The proposed gross floor area.
Permitting with the U.S. Army Corps of Engineers
The U.S. Army Corps of Engineers (COE) has the following regulatory authority over certain
areas that are also
subject to protection under the Wetlands Protection Bylaw:
Section 404 of the Clean Water Act For the placement of fill or discharge of
dredged material within the wetlands,
below the ordinary high water line in inland areas and below the high tide line in coastal areas.
Section 10 of the River and Harbor Act of 1899 For any work below the
ordinary high water line in the Connecticut
and non-tidal portions of the Merrimack Rivers in inland areas, and below the mean high water line
FWR 10.99
General Instructions: Permit Application, continued
in coastal areas.
Failure to obtain the required authorization is a violation of these Federal laws, and as such
is subject to criminal and
civil prosecution by the U.S. Attorney that could result in having to remove the illegal fill and pay a fine.
For additional information concerning the Department of the Army permit programs write
COE or call it collect at
the following address or number:
U.S. Department of the Army Core of Engineers
New England Division Regulatory Branch
424 Trapelo Road, Waltham, Massachusetts 02254
1-800-362-4367 (toll-free)
Massachusetts Wetlands Protection Act, Chapter 131, section 40
The Commonwealth of Massachusetts also has regulatory authority within many areas
subject to the Falmouth
Wetlands Bylaw. These permits are issued locally by the Conservation Commission. For more
information, contact
the Conservation Administrator, (508) 548-7611.
DEP Division of Waterways Chapter 91 License Requirements
The DEP Division of Waterways ("Waterways") also has regulatory authority within certain
areas subject to the
Wetlands Protection Act. Generally, in accordance with Chapter 91 of the Massachusetts General
Laws, a Waterways
License is required for work below the high water mark in coastal areas, in inland great ponds and
rivers, and in
streams for which public funds have previously been spent.
For more information regarding Waterways license requirements, contact DEP
Waterways Program, 1 Winter St.,
8th Floor, Boston, MA 02108; 617-292-5695
Additional Permitting in the Town of Falmouth
The Town of Falmouth has additional regulatory authority over certain areas and activities
that are also regulated
under the Falmouth Wetlands Bylaw:
Wetland Zoning Bylaw Section, 240-(77-79)
Requires a Special Permit for any work in wetlands, open water areas or shorelines thereof,
of the town. This Special
permit is issued by the Selectmen.
Floodplain Zone Bylaw, Section 240-(80-86)
Applies to house construction and fill in land Subject to Coastal Storm Flowage. Requires a
Special Permit for
alteration of the land form, and prohibits the man-made alteration of sand dunes in the velocity zone.
FWR 10.99
General Instructions: Permit Application, continued
Wetland Setback Bylaw, Section 240-68
Requires a fifty foot setback from coastal waters, fresh water ponds and rivers, with some
exceptions listed in the text,
some of which may require a Special Permit.
ACEC Setback Bylaw, Section 240- (87-90)
Applies to construction of new dwellings on certain lots and the clear cutting of vegetation in
the Waquoit Bay Area
of Critical Environmental Concern.
Nutrient Loading Bylaw, Section 240- 113
Applies to transient residential use in water recharge areas.
Wildlife Corridor Zoning Overlay Bylaw, Section 240-(91-96)
Applies to two wildlife areas of town.
Coastal Pond Zoning Overlay, Section 240-(97-102)
Applies to defined recharge areas of named coastal ponds.
For information regarding the Town of Falmouth Zoning Bylaws call the Planning Office at
(508) 548-7611.
----------------------------------------------------------------------------------------------------------------
------------------
If you have any questions concerning the Permit Application, please contact the
Conservation Commission.
FWR 10.99
Form C
Town of Falmouth
Applicant
Permit Application
Under
Falmouth Wetlands Bylaw
Chapter 235 of the Code of Falmouth
Part I: General Information
1. Location: Street Address
Lot Number
2. Project: Type Description
3. Registry: Barnstable County Current Book &
Page
Certificate (if Registered Land)
4. Applicant Tel.
Address
5. Property Owner Tel.
Address
6. Representative Tel.
Address
7. a. Has the Conservation Commission been sent, by certified mail or hand
deliver, 2 copies of completed
Permit Application, with supporting plans and documents?
Yes No
b. Has the fee been submitted? Yes No
c. Total Filing Fee Submitted
8. Have the abutters been notified and proof of such notification included in this
application?
Yes No
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L.
c. 131, §40A or G.L. c. 130,
§105? Yes No
FWR 10.99
Form C continued
10. List all plans and supporting documents submitted with this Permit Application.
Identifying
Number/Letter Title, Date
11. Check those resource areas within which work is proposed:
(a) 100 foot Buffer to
(b) Inland
Bank Land Subject to Flooding
Freshwater Wetland Bordering
Land Under Waterbody Isolated
Vernal Pool
(c) Coastal
Land Under the Ocean Land Under an Estuary
Coastal Beach Coastal Dune
Barrier Beach Coastal Bank
Rocky Intertidal Shore Salt Marsh
Land Under Salt Pond Land Containing Shellfish
Fish Run Bank of an Estuary
Bank of a Salt Pond Land
Subject to Coastal Storm
Land and Waters within the Black Beach/Great Sippewisset Flowage
Marsh District of Critical Planning Concern A-zone
Land and Waters within the Waquoit Bay Area of Critical V-zone
Environmental Concern
12. (a) Is the project within estimated habitat which is indicated on the most
recent Estimated Habitat Map of
State-Listed Rare Species (if any) published by the Natural Heritage and Endangered Species
Program?
YES [ ] NO [ ] Date printed on the Estimated Habitat Map
NO MAP AVAILABLE [ ] (if any)
FWR 10.99
Form C continued
Part II: Site Description
Indicate which of the following information has been provided (on a plan, in narrative
description or calculations)
to clearly and accurately describe existing site conditions.
Identifying
Number/Letter
(of plan, narrative
or calculations)
Natural Features:
Soils
Vegetation
Topography
Open water bodies (including ponds and lakes)
Flowing water bodies (including streams and rivers)
Public and private surface water and ground water
supplies on or within
100 feet of site
Maximum annual ground water elevations with dates
and location of
test
Boundaries of resource areas checked under Part I,
Item 11 above
Other
Man-made Features:
Structures (such as buildings, piers, towers and
headwalls)
Drainage, flood control facilities, and stormwater
management systems
at the site and immediately off the site, including culverts and open
channels (with inverts), dams and dikes
Subsurface sewage disposal systems
Underground utilities
Roadways and parking areas
Property boundaries, easements and rights-of-way
Other
FWR 10.99
Form C continued
Part III: Work Description
Indicate which of the following information has been provided (on a plan, in narrative
description or calculations)
to clearly, completely and accurately describe work proposed within each of the resource areas
checked in Part I, item
11 above.
Identifying
Number/Letter
(of plan, narrative
or calculations)
Plan view and Cross Section of:
Structures (such as buildings, piers, towers and
headwalls)
Drainage and flood control facilities, including
culverts and open
channels (with inverts), dams and dikes
Subsurface sewage disposal systems &
underground utilities
Filling, dredging and excavating, indicating volume
and composition
of material
Compensatory storage areas, where required in
accordance with
10.38(4) of the regulations.
Wildlife habitat restoration or replication areas
Other
Part IV: Mitigating Measures
1. Clearly, completely and accurately describe, with reference to supporting plans
and calculations where necessary:
(a) All measures and designs proposed to meet the performance standards set forth
under each resource area
specified in the regulations; or
FWR 10.99
Form C continued
(b) why the presumptions set forth under each resource area specified in Part II or
Part III of the regulations do
not apply.
Coastal Resource Area Type:
Inland |
Identifying number or letter
of support documents |
|
|
Coastal Resource Area Type:
Inland |
Identifying number or letter
of support documents |
|
|
FWR 10.99
Form C continued
Coastal Resource Area Type:
Inland |
Identifying number or letter
of support documents |
|
|
2. Clearly, completely and accurately describe, with reference to supporting plans
and calculations where necessary:
(a) all measures and designs to regulate work within the Resource Area Buffer so as
to ensure that said work complies
with FWR 10.18; or
(b) if work in the area adjacent to a resource area will alter such an area, all
measures and designs proposed to meet the
performance standards established for the adjacent resource area, specified in these regulations.
Coastal Resource Area Type Bordered
Inland |
Identifying number or letter
of support documents |
|
|
FWR 10.99
Form C continued
Coastal Resource Area Type Bordered
Inland |
Identifying number or letter
of support documents |
|
|
Information provided will be used in evaluating the application for a permit and is made a
matter of public record through
issuance of a public notice. Disclosure of this information is voluntary; however, if necessary
information is not provided, the
application cannot be processed nor can a permit be issued.
I hereby certify under the pains and penalties of perjury that the foregoing Permit
Application and accompanying plans,
documents and supporting data are true and complete, to the best of my knowledge.
Signature of Applicant Date
Signature of Applicant's Representative Date
FWR 10.99
Form D
Town of Falmouth Applicant
Abbreviated Permit Application
Chapter 235 of the Code of Falmouth
To be used only for projects of minimum impact, as described in the General Instruction for
Completing the Permit
Application.
1. Location: Street Address
Lot Number
2. Project: Type Description
3. Registry: Barnstable County Current Book & Page
Certificate (if Registered Land)
4. Applicant Tel.
Address
5. Property Owner Tel.
Address
6. Representative Tel.
Address
7. b. Has the fee been submitted? Yes No
c. Total Filing Fee Submitted
8. Have the abutters been notified and proof of such notification included in this
application?
Yes No
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L.
c. 131, §40A or G.L. c. 130,
§105? Yes No
FWR 10.99
Form D continued
10. List all plans and supporting documents submitted with this Permit Application.
Identifying
Number/Letter Title, Date
11. For work proposed within the resource area Buffer (as defined in Part I, Sections
10.02(2) and 10.04 of the
regulations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
(b) Mitigating measures and designs to insure that the proposed work will not alter the
resource area buffer; and
the mitigating measures and designs proposed to meet the performance standard established for that
resource
area in FWR 10.18, and other applicable sections of these regulations.
12. For work proposed within Isolated Land Subject to Flooding (as defined in Section
10.57(2) of these regulation)
or Land Subject to Coastal Storm Flowage (as defined in Section 10.38(2) of these regulation)
describe, with
reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
(b) Mitigating measures and designs proposed to meet the performance standards set
forth in FWR 10.38, and
FWR 10.57.
FWR 10.99
Form D continued
13. (a) Is the project within estimated habitat which is indicated on the most
recent Estimated Habitat Map of State-Listed Rare Species (if any) published by the Natural Heritage
and Endangered Species Program or mapped
by the Conservation Commission?
YES [ ] NO [ ] Date printed on the Estimated Habitat Map
NO MAP AVAILABLE [ ] (if any)
Information provided will be used in evaluating the application for a permit and is made a
matter of public record
through issuance of a public notice. Disclosure of this information is voluntary; however, if necessary
information
is not provided, the application cannot be processed nor can a permit be issued.
I hereby certify under the pains and penalties of perjury that the foregoing Permit
Application and accompanying
plans, documents and supporting data are true and complete, to the best of my knowledge.
Signature of Applicant Date
Signature of Applicant's Representative Date
FWR 10.99
Form E
Town of Falmouth Applicant
Permit
Falmouth Wetlands Bylaw,
Chapter 235 of the Code of Falmouth
From: Falmouth Conservation Commission
TO:
(Name of person making request) (Name of property owner)
Address Address
This Order is issued and delivered as follows:
by hand delivery to person making request on
(date)
by certified mail, return receipt requested on
(date)
This project is located at
The property is recorded at the Barnstable County Registry of Deeds,
Book Page
Certificate (if registered)
The Permit Application for this project was filed on
(date)
The public hearing was closed on
(date)
Findings:
The Falmouth Conservation Commission has reviewed the above-referenced
Permit Application and plans and has held a public hearing on the
project. Based on the information made part of the record, the Conservation Commission at this time,
the Conservation Commission has
determined that the area on which the proposed work is to be done is significant to the following
resource area values in accordance with the
Presumptions of Significance set forth in the regulations for each Area Subject to Protection under
the Bylaw (check as appropriate):
Public water supply Flood Control
Shellfish
Private water supply Storm damage prevention
Fisheries
Ground water Water Pollution Control
Wildlife Habitat
Erosion and Sedimentation Control Agriculture
Aesthetics
Recreation Aquaculture
FWR 10.99
Form E continued
Therefore, the Falmouth Conservation Commission hereby finds that the following conditions
are necessary, in
accordance with the Performance Standards set forth in the regulations, to protect those resource
area values checked
above. The Falmouth Conservation Commission orders that all the work shall be performed in
accordance with the
said conditions and with the Permit Application referenced above. To the extent that the following
conditions modify
or differ from the plans, specifications or other proposals submitted with the Permit Application, the
conditions shall
control.
General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures,
shall be deemed cause to revoke or modify this Permit.
2. This Permit does not grant any property rights or any exclusive privileges; it does
not authorize any injury to
private property or invasion of private rights.
3. This Permit does not relieve the permitted or any other person of the necessity of
complying with all other
applicable federal, state or local statutes, ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from the
date of this Permit unless either
of the following apply:
(a) the work is a maintenance dredging project as provided for in the Bylaw; or
(b) the time for completion has been extended to a specified date more than three
years, but less than five years,
from the date of issuance and both that date and the special circumstances warranting the extended
time
period are set forth in this Permit.
5. This Permit may be extended by the issuing authority for one or more periods of
up to one year each upon
application to the Falmouth Conservation Commission at least 30 days prior to the expiration date of
the Permit.
6. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris,
including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes,
refrigerators,
motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until the Permit has been recorded in the Barnstable
County Registry of Deeds or
the Land Court, within the chain of title of the affected property. In the case of recorded land, the
Permit shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed
work is to be done. In the case of registered land, the Permit shall also be noted on the Land Court
Certificate
of Title of the owner of the land upon which the proposed work is done. The recording information
shall be
submitted to the Falmouth Conservation Commission on the form at the end of this Permit prior to the
commencement of the work.
8. A sign shall be displayed at the site not less than two square feet or more than
three square feet in the size bearing
the words, "FCC File Number ".
9. Upon completion of the work described herein, the applicant shall forthwith request
in writing that a Certificate
of Compliance be issued stating that the work has been satisfactorily completed.
FWR 10.99
Form E continued
10. A complete copy of this Permit, including its drawings, Special Conditions and
any amendments shall be
maintained it the work site whenever work is being performed. The permittee shall assure that all
contractors,
subcontractors and other personnel performing the permitted work are fully aware of the Permit's
terms and
conditions.
11. Members and Agents of the Falmouth Conservation Commission and the Falmouth
Department of Natural
Resources reserve the right to enter and inspect the property at all reasonable times, until a Certificate
of
Compliance is issued, to evaluate compliance with the conditions stated in this Permit and plans, and
may require
the submittal of any data deemed necessary by the Falmouth Conservation Commission for that
submittal.
12. The provisions of this Permit shall apply to, and be binding upon, the applicant, his
employees, and all successors
and assigns in interest and control.
13. It is the responsibility of the Applicant, Owner and/or successor(s) to comply with
all conditions of this Permit.
The project engineer and contractors are to be provided with a copy of this Permit and referenced
documents
before commencement of construction.
14. All construction must comply with the above referenced plans and of this Permit.
For any proposed change in
the approved plans or in the work, the Applicant shall file a new Permit Application or inquire, in
writing, of the
Falmouth Conservation Commission whether the change is substantial enough to require a new
Permit. No
change in plan, under this filing, is permissible without prior written approval from the Falmouth
Conservation
Commission allowing the change.
15. The Falmouth Conservation Commission reserves the right to request an as-built
plan as part of the requirements
for a Certificate of Compliance.
16. The work shall conform to the following plans and special conditions:
Plans:
Title Dated Signed and Stamped by:
Special Conditions:
FWR 10.99
Form E continued
Issued by the Falmouth Conservation Commission
Signature(s)
This Order must be signed by a majority of the Conservation Commission.
On this day of 19
, before me personally appeared
, to me known to be the person described in, and who
executed, the foregoing
instrument, and acknowledged that he/she executed the same as his/her free act and deed.
Notary Public My Commission Expires
Detach on dotted line and submit to the Conservation Commission prior to
commencement of work.
.....................................................................................................................................
...............................................................................
To the Falmouth Conservation Commission:
Please be advised that the Order of Conditions for the project at
File Number has been recorded at
the Barnstable County Registry of Deeds and
has been noted in the chain of title of the affected property in accordance
with General Condition 7 on 19 .
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature
Applicant
FWR 10.99
Form F
Town of Falmouth Applicant
Notification of Non-Significance
Falmouth Wetlands Bylaw
Chapter 235 of the Code of Falmouth
From the Falmouth Conservation Commission
TO
(Name of Applicant) (Name of property owner)
Address Address
This notification is issued and delivered as follows:
by hand delivery to Applicant or Representative on
(date)
by certified mail, return receipt requested on
(date)
This project is located at
The property is recorded at the Barnstable County Registry of Deeds,
Book Page
Certificate (if registered)
The Permit Application for this project was filed on
(date)
The public hearing was closed on
(date)
the plans describing the project are titled and dated:
Findings
The Falmouth Conservation Commission has reviewed the above-referenced Permit
Application and plans and has
held a public hearing on the project. Based on the information submitted into the record, the
Conservation
Commission has determined that the area on which the proposed work is to be done is not significant
to any resource
area value identified in the Bylaw. Therefore, no Permit will be issued.
The reasons for this determination are as follows:
FWR 10.99
Form F continued
(Reasons for determination continued)
(The above section must explain in detail what resource area is involved in the Permit
Application and why the
presumption of significance or non-significance set forth in the regulations for this resource area is
not valid in this
case).
1. The Notification does not relieve the applicant of the necessity of complying with
all other applicable federal, state
or local statutes ordinances, by-laws or regulations.
2. No work shall be undertaken until the final Notification has been recorded in the
Barnstable County Registry of
Deeds or the Land Court within the chain of title of the affected property.
3. A sign shall be displayed at the sight not less than two square feet or more than
three square feet in size bearing
the words,
"FCC File Number "
5. This notification shall be valid for three years from the date of issuance.
Issued by the Falmouth Conservation Commission
Signature(s)
The Notification must be signed by a majority of the Conservation Commission.
On this day of 19
, before me personally appeared
, to me known to be the person described in, and who
executed, the foregoing
instrument, and acknowledged that he/she executed the same as his/her free act and deed.
Notary Public My Commission Expires
Detach on dotted line and submit to the Falmouth Conservation Commission
prior to commencement of work.
.....................................................................................................................................
...............................................................................
To the Falmouth Conservation Commission:
Please be advised that the notification of non-significance for the project at
File Number has been recorded at
the Barnstable County Registry of Deeds and
has been noted in the chain of title of the affected property on
19 .
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature
Applicant
FWR 10.99
Form G
Town of Falmouth Applicant
Extension Permit
Falmouth Wetlands Bylaw
Chapter 235 of the Code of Falmouth
From the Falmouth Conservation Commission
TO
(Name) (Address)
The Permit (or Extension Permit) issued on
(date)
to (name) for work at
(address) is
hereby extended for a period of one year from the date it expires.
This Extension Permit will expire on
(date)
This document shall be recorded in accordance with General Condition 7 of the Permit.
FWR 10.99
Form G continued
Issued by the Falmouth Conservation Commission
Signature(s)
This Extension Permit must be signed by a majority of Conservation Commission.
On this day of 19
, before me personally appeared
, to me known to be the person described in, and who
executed, the foregoing
instrument, and acknowledged that he/she executed the same as his/her free act and deed.
Notary Public My Commission Expires
HEARING RIGHTS
You are hereby notified of your right to a hearing under the Falmouth Wetland Regulations
FWR 10.05(10)(c)1.
regarding this Extension Permit. In accordance with the provisions of FWR 10.05(10)(c)1., a request
for a hearing
must be filed in writing within ten (10) days of the date of the issuance of this Extension Permit.
Detach on dotted line and submit to the Falmouth Conservation Commission
prior to commencement of work.
.....................................................................................................................................
...............................................................................
To
Conservation Commission
Please be advised that the Extension Permit to the Permit for the project at
File Number has been recorded at
the Barnstable County Registry of Deeds and has been noted in the
chain of title of the affected property in accordance with General Condition
7 of the original Permit on 19.
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature
Applicant
FWR 10.99
Form H
Town of Falmouth Applicant
Certificate of Compliance
Falmouth Wetlands Bylaw
Chapter 235 of the Code of Falmouth
From the Falmouth Conservation Commission
TO
(Name) (Address)
Date of Issuance
This Certificate is issued for work regulated by a Permit issued to
dated and issued by the Falmouth
Conservation Commission.
1. It is hereby certified that the work regulated by the above-referenced
Permit has been satisfactorily
completed.
2. It is hereby certified that only the following portions of the work regulated
by the above-referenced Permit
have been satisfactorily completed: (If the Certificate of Compliance does not include the entire
project,
specify what portions are included.)
3. It is hereby certified that the work regulated by the above-references
Permit was never commenced. The
Permit has lapsed and is therefore no longer valid. No future work subject to regulation under the Act
may
be commenced without filing a new Permit Application and receiving a new Permit.
4. The certificate shall be recorded in the Barnstable County Registry of
Deeds or the Land Court. The Permit
was originally recorded on (date) at the Barnstable County Registry
of Deeds, Book
, Page .
FWR 10.99
Form H continued
5. The following conditions of the Permit shall continue: (Set forth any
conditions contained in the Permit,
such maintenance or monitoring, which are to continue for a longer period.)
Issued by the Falmouth Conservation Commission
Signature(s)
This Certificate must be signed by a majority of the Conservation Commission.
On this day of 19
, before me personally appeared
, to me known to be the person described in, and who
executed, the foregoing
instrument, and acknowledged that he/she executed the same as his/her free act and deed.
Notary Public My Commission Expires
HEARING RIGHTS
You are hereby notified of your right to a hearing under the Falmouth Wetland Regulations
FWR 10.05(11)(g)1.
regarding this Certificate of Compliance. In accordance with the provisions of FWR 10.05(11)(g)1., a
request for a
hearing must be filed in writing within ten (10) days of the date of the issuance of this Certificate of
Compliance.
Detach on dotted line and submit to the Falmouth Conservation
Commission
.....................................................................................................................................
...............................................................................
To the Falmouth Conservation Commission
Please be advised that the Certificate of Compliance for the project at
File Number has been recorded at
the Barnstable County Registry of Deeds and
has been noted in the chain of title of the affected property on
19 .
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature
Applicant
FWR 10.99
Form I - C&D
Town of Falmouth Applicant
Cease and Desist Order
Falmouth Wetlands Bylaw
Chapter 235 of the Code of Falmouth
From the Falmouth Conservation Commission
To
Date of Issuance
Property lot/parcel number, address
Extent and type of activity:
The Falmouth Conservation Commission has determined that the activity described above is
in violation of the
Falmouth Wetlands Bylaw, Chapter 235 of the Code of Falmouth, and the Regulations promulgated
thereto, FWR
10.00, because:
Said activity has been/is being conducted without a valid Permit.
Said activity has been/is being conducted in violation of the Permit issued to
, dated , File number
, Condition number(s)
Other (specify)
The Conservation Commission hereby orders the property owner, his agents, permittees
and all others shall
immediately cease and desist from the further activity affecting the wetland portion of this property.
FWR 10.99
Form I - C&D continued
Completed application forms and plans as required by the Bylaw and Regulations
shall be filed with the
Falmouth Conservation Commission on or before (date), and no
further work
shall be performed until a public hearing has been held and an Permit has been issued to regulate
said work.
Application forms are available at the Conservation Commission office in the basement of Falmouth
Town
Hall.
The property owner shall take every reasonable step to prevent further violations of
the Bylaw.
Other (specify)
Failure to comply with this Order may constitute grounds for legal action.
Chapter 235 of Code of Falmouth states:
"Any person who violates any provision of this bylaw, or regulations,
permits, or administrative orders issued thereunder, shall be
punished by a fine of not more than $300. Each day or portion thereof during which a violation
continues, or unauthorized fill or other
alteration remains in place, shall constitute a separate offense, and each provision of the bylaw,
regulations, permits, or administrative
orders violated shall constitute a separate offense."
Chapter 1, section 1-1 of the Code of the Town of Falmouth provides
that:
"Whoever violates any provisions of the bylaws contained in the Code of
the Town of Falmouth may be penalized by indictment or on
complaint brought in the District Court."
As an alternative to criminal prosecution in a specific case, the
Commission may issue citations under the non-criminal disposition procedure
set forth in G.L. Ch. 40, s. 21D, and adopted by the Town as a general bylaw.
Questions regarding this Cease and Desist Order should be directed to:
Issued by
Signature(s)
(Signature of delivery person
or certified mail number)
HEARING RIGHTS
You are hereby notified of your right to a hearing under the Falmouth
Wetland Regulations FWR 10.08(1)(d)1. regarding this Cease and Desist
Order. In accordance with the provisions of FWR 10.08(1)(d)1., a request for a hearing must be
filed in writing within ten (10) days of the date
of the issuance of this Cease and Desist Order. If a request for a hearing is not filed in writing within
ten (10) days of the date of the issuance of
this Cease and Desist Order, the Cease and Desist Order shall have full force and effect.
FWR 10.99
Form I - EO
Town of Falmouth Applicant
Enforcement Order
Falmouth Wetlands Bylaw
Chapter 235 of the Code of Falmouth
From the Falmouth Conservation Commission
To
Date of Issuance
Property lot/parcel number, address
Extent and type of activity:
The Falmouth Conservation Commission has determined that the activity described above is
in violation of the
Falmouth Wetlands Bylaw, Chapter 235 of the Code of Falmouth, and the Regulations promulgated
thereto, FWR
10.00, because:
Said activity has been/is being conducted without a valid Permit.
Said activity has been/is being conducted in violation of the Permit issued to
, dated , File number
, Condition number(s)
Other (specify)
The Conservation Commission hereby orders the following:
The property owner, his agents, permittees and all others shall immediately cease
and desist from the further
activity affecting the wetland portion of this property.
Wetland alterations resulting from said activity shall be corrected and the site
returned to its original
condition.
FWR 10.99
Form I - EO continued
Completed application forms and plans as required by the Bylaw and Regulations
shall be filed with the
Falmouth Conservation Commission on or before (date), and no
further work
shall be performed until a public hearing has been held and an Permit has been issued to regulate
said work.
Application forms are available at the Conservation Commission office in the basement of Falmouth
Town
Hall.
The property owner shall take every reasonable step to prevent further violations of
the Bylaw.
Immediate corrective action is required to protect the resource area values of the
bylaw. A hearing will be
held at the soonest available time.
Other (specify)
Failure to comply with this Order may constitute grounds for legal action.
Chapter 235 of Code of Falmouth states:
"Any person who violates any provision of this bylaw, or regulations,
permits, or administrative orders issued thereunder, shall be
punished by a fine of not more than $300. Each day or portion thereof during which a violation
continues, or unauthorized fill or other
alteration remains in place, shall constitute a separate offense, and each provision of the bylaw,
regulations, permits, or administrative
orders violated shall constitute a separate offense."
Chapter 1, section 1-1 of the Code of the Town of Falmouth provides
that:
"Whoever violates any provisions of the bylaws contained in the Code of
the Town of Falmouth may be penalized by indictment or on
complaint brought in the District Court."
As an alternative to criminal prosecution in a specific case, the
Commission may issue citations under the non-criminal disposition procedure
set forth in G.L. Ch. 40, s. 21D, and adopted by the Town as a general bylaw.
Issued by
Signature(s)
(Signature of delivery person
or certified mail number)
FWR 10.99
Form HR Request for a Hearing
Falmouth Wetlands Bylaw
TownChapter 235 of the Code of Falmouth
of Falmouth
PERSON/PARTY MAKING REQUEST:
(If appropriate, name the citizen group's
representative)
Name
Street
City/Town
State Zip Code
Phone Number:
PROJECT LOCATION:
APPLICANT
(As shown on Extension Permit, Certificate of
Compliance or Enforcement Order)
Name
Street
City/Town
State Zip Code
FILE NUMBER
Date Extension Permit, Certificate of Compliance, or Enforcement Order decision issued
I certify that I am a party who may appeal pursuant to FWR 10.10(1)(a), and am requesting
a hearing regarding the
decision for a (check one)
Extension Permit
Certificate of Compliance
Cease and Desist Order
1. Send this form to: Falmouth Conservation Commission, 59 Town Hall Square,
Falmouth, MA 02540
2. The owner(s) of the area, and/or the applicant, if not the person(s) making this
request, has been given written
notification of this request on (date)
The name(s) and address(es) of the owner(s) and/or applicant:
3. I understand that notification of this request will be placed in the
Enterprise at my expense in accordance with
Section 10.05(4)(b)1. of the regulations by the Conservation Commission and that I will be billed
accordingly.
Signature Name
Address Tel.
FWR 10.99
Form AG
Town of Falmouth Applicant
Notice for Agricultural Work
on Land Actively in Agricultural Use
Falmouth Wetlands Bylaw
Chapter 235 of the Code of Falmouth
Part I: General Information
1. Property Owner Tel.
Address
2. Location: Street Address
Lot Number
3. Agricultural Activities:
Producing or raising the following agricultural commodities for commercial purposes:
animals, including but not limited to livestock, poultry, and
bees;
fruits, vegetables, berries, nuts, and other foods for
human consumption;
feed, seed, forage, tobacco, flowers, sod, nursery or
greenhouse products, and ornamental plants or shrubs;
forest products under a planned program to improve the
quantity and quality of a continuous crop.
4. The normal maintenance of land actively in agricultural use that will be undertaken
this year, which in all cases
does not include placing substantial amounts of fill in Land Subject to Flooding or Freshwater Wetland,
or filling
or dredging a Salt Marsh, and will result in no enlargement as to the geographical extent of existing
activities, are
directly related to production or raising of the agricultural commodities referenced above, and will be
undertaken
in such a manner as to prevent erosion and siltation of adjacent water bodies and wetlands, and will be
conducted
in accordance with federal and state laws, are:
crop management practices, not to include drainage in a
Freshwater Wetland, customarily employed to
enhance existing growing conditions:
tillage irrigating shading
trellising mulching pruning
other
FWR 10.99
Form AG continued
and customary harvesting practices such as:
digging picking combining
threshing windrowing drying
baling curing
the use of fertilizers, manures, compost materials, and other
soil amendments; pesticides and herbicides; and
other such materials;
the repair or replacement of existing access roads and
livestock crossings;
the maintenance of existing windbreaks and hedgerows;
the maintenance and repair of existing fences and the
management of temporary fence lines;
the cleaning, clearing, grading, repairing, dredging, or
restoring of existing man-made water management
systems listed below in order to provide drainage, prevent erosion, provide more effective use of
water, or
provide for efficient use of equipment, and all for the purpose of maintaining favorable conditions for
ongoing
growing or raising of agricultural commodities.
reservoirs farm ponds irrigation systems
field ditches cross ditches canals/channels
grass waterways vents dikes
watering facilities sub-surface drainage systems
the repair and maintenance of existing farm structures
the seeding of eroded or disturbed areas
the keeping of livestock and poultry and the management of
beehives
the cultivation of cranberries, including the following practices:
the application of sand to existing bogs and the excavation of sand from sand pits;
the repair and reconstruction of water control structures including
flumes, pumps, dikes, and piping above
and below the ground;
the regrading, including modification of drainage, and replanting of
existing cranberry bogs;
the repair and replacement of dikes;
water harvesting activities; and
flooding in a cranberry bog and flood release from a cranberry bog;
the cutting and removal of trees for the purpose of selling said
trees or any products derived therefrom, carried
out in the following manner:
a. every reasonable effort will be made to avoid or
minimize access through Areas Subject to Protection
FWR 10.99
Form AG continued
Under the Bylaw;
b. where access through Areas Subject to
Protection Under the Bylaw is necessary, every reasonable effort
will be made to gain said access without constructing new accessways including, but not limited to,
maintaining and improving (but not substantially enlarging) existing accessways, and operations shall
be
conducted when the soil is frozen, dry or otherwise stable;
c. where access is determined impracticable
without constructing new accessways, said accessways shall be
designed, constructed and maintained in accordance with U.S. Forest Service logging road
standards, and will
be removed and the site returned to previously existing conditions within one year;
d. all channel crossings will be stabilized to prevent
erosion, using standard U.S. Forest Service methods.
When crossings involve fill or other closed or semi-closed structures which will obstruct flow, they will
be
designed, constructed and maintained in accordance with U.S. Forest Service standards, shall allow
the
unobstructed passage of existing flows for at least the ten-year storm, and shall be removed and the
site
returned to existing conditions within one year of construction;
e. all soils which are exposed during and after work
will be stabilized to prevent said soils from eroding into
open water bodies, in accordance with standard U.S. Forest Service methods;
f. all operations will be conducted in accordance
with a cutting plan approved by the Massachusetts
Department of Environmental Management District Forester; and
g. a written notice describing the proposed cutting
and removal of trees is included with this form
5. I understand that land actively in agricultural use shall have produced a
commercial crop for three (3) of the five
(5) immediately preceding years and that the Commission may require appropriate documentation to
demonstrate
active agricultural use.
Information provided will be used in evaluating the notice of normal maintenance of land
actively in agricultural use
and is made a matter of public record through the Public Record Act. Disclosure of this information is
voluntary;
however, if necessary information is not provided, the exemption cannot be granted.
I hereby certify under the pains and penalties of perjury that the foregoing notice to the
Commission, and
accompanying plans, documents and supporting data are true and complete, to the best of my
knowledge.
Signature Date
FWR 10.99
Form AR
Town of Falmouth Applicant
Application for Administrative Review
Falmouth Wetlands Bylaw
Chapter 235 of the Code of Falmouth
1. Location: Street Address
Lot Number
2. Project: Type Description
3. Applicant Tel.
Address
4. Property Owner
Tel.
Address
5. The work in said area is described below. (Use additional paper, if necessary, to
describe the proposed work.)
FWR 10.99(to be filled out by the Conservation
Administrator)
Form AR continued
Administrative Review Decision
I have inspected the area where the work is proposed on and have
reviewed the applicable regulations of the
Falmouth Wetlands Bylaw. Based on that site visit and the review of the regulations, it is my
professional opinion that:
1. (All must be checked to qualify)
No work is proposed in any Resource Area defined in FWR
10.02(1)(a) through (e), and/or (j) though (k);
Bank (inland bank and beaches) Freshwater Wetland
Land Under Waterbodies
Vernal Pool Land Under the Ocean Land Under
an Estuary
Coastal Beach (and flat) Coastal Dune Barrier
Beach
Coastal Bank Rocky Intertidal Shore Salt
Marsh
Land Under Salt Pond Land Containing Shellfish
Fish Run
Bank of an Estuary Bank of a Salt Pond
Land and Waters within the Black Beach/Great Sippewisset
Marsh District of Critical Planning Concern
Land and Waters within the Waquoit Bay Area of Critical
Environmental Concern
No work is proposed in the Velocity Zone portion of Land
Subject to Coastal Storm Flowage;
All proposed work meets the requirements of FWR 18.00; or is
not proposed in a naturally vegetated buffer and is
proposed at least seventy-five (75) feet from the inland edge of any resource areas defined in FWR
10.02(1)(a)
through (e) and the resource area buffer is flat or nearly so;
No uprooting of vegetation and no mowing to the ground or
clear cutting is proposed;
Any proposed addition to a principal structure does not
exceed five percent (5%) of the first floor footprint, and no
alteration to an existing septic system is proposed or required by other local or state agency; and
No stormwater management system is required under the
provisions of FWR 10.16(3) and FWR 2.00; or
2. . One of the following is true:
All work is within the A-Zone potion of Land Subject to Coastal
Storm Flowage and over one hundred feet
from the resource are as listed below:
Bank (inland bank and beaches) Freshwater Wetland Land Under
Waterbodies Vernal Pool
Land Under the Ocean Land Under an Estuary Coastal
Beach (and flat) Coastal Dune
Barrier Beach Coastal Bank Rocky Intertidal Shore
Salt Marsh
Land Under Salt Pond Land Containing Shellfish Fish Run
Bank of an Estuary
Bank of a Salt Pond
The project is the ordinary repair (but not substantial repair) or
maintenance of an existing single family house that
is located over twenty-five feet (25 ft.) from the edge of all those resource areas specified above ; or
The project is an upgrade of a septic system that does not
require or involve an increase in design flow or number of
bedrooms, provided the system components will be over fifty feet (50 ft.) from those resource areas
specified above
Therefore the project qualifies/does not qualify.
for Administrative review (circle one) Signature of Conservation Administrator
Date
This document shall be a permanent record of the Commission. A copy shall be sent to the
applicant and owner( if different).
Appeal. If this decision is opposed by any party in interest, they may apply for a
Request for a Determination of Applicability under the provisions of the
Falmouth Wetland Regulations.
FWR 10.99 Town of Falmouth
Form EC
Certification of Emergency
Under
Falmouth Wetlands Bylaw
Chapter 235 of the Code of Falmouth
LOCATION OF WORK:
1. The applicant hereby requests the Conservation Commission to certify the
following project as an emergency
project: (describe work to be allowed, and attach supplemental information if more space is
needed)
2. The project is necessary for the protection of the health and safety of the citizens
of the commonwealth because:
3. The agency (or subdivision thereof) of the commonwealth that has ordered the
project to be performed is:
4. No work shall be allowed beyond that necessary to abate the emergency. The
date work shall be completed by:
Not to exceed 30 days.
(signature of applicant) (date)
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On the basis of the above information, and after a site inspection, the project described
above (and in any supplemental
information provided) is determined to be a certified emergency pursuant to FWR 10.06.
Falmouth Conservation Commission:
BY:
Date Issued:
(If box is checked, see attached conditions)
