Which Form Should I Fill Out?
A Request For Determination
A Request for a Determination of Applicability (RDA) is the shortest and easiest form to file. An RDA, however, is not the appropriate form for all projects. If you are proposing work in a resource are or within 50 feet of a resource area the Commission requires one of the two longer forms. A Request for a Determination of Applicability does not need to be filed by the landowner. An RDA can be filed by a project proponent, a landowner, an abutter or any other person. A Request can be used to determine one of the following:
- Any person may file a request to determine whether the Act applies to a specific area
- Any person may request a determination as to whether the Act applies to work that may affect a resource area subject to protection under the Act. If the proposed work is likely to alter a resource area, the proposed work will require the filing of either an Abbreviated Notice of Intent or a Notice of Intent.
- Any person may request a determination as to the validity of resource area boundaries as delineated by a wetland scientist.
The Notice of Intent & Abbreviated Notice of Intent Form
The Abbreviated Notice of Intent Form requires less detailed information than a Notice of Intent Form and is intended for use with smaller projects that are less likely to have major impacts on wetland resource areas. This form can only be used if the project meets all of the following criteria:
- The proposed work is in the buffer zone or land subject to flooding
- The proposed project does not involve work in a resource area, except the outer 100 foot Riverfront Area
- The proposed work will disturb less than 1,000 square feet of surface area within the buffer zone or land subject to flooding
- The proposed work does not require an Army Corps of Engineers permit nor a Division of Waterways license.
The Abbreviated Notice of Resource Area Delineation
The Abbreviated Notice of Resource Area Delineation is a relatively new process created in 1997 to allow a property owner or developer to seek approval of resource area delineations, separately and prior to filing for the actual project. All procedures such as advertising, abutter notification and public hearing time periods are the same as when filing a Notice of Intent. Applicants must:
- Have plans prepared and stamped by a professional
- Indicate the length of the Wetland Boundary and the methods of determination used
- Be prepared to Submit Field Data Sheets
Please view State Wetlands Forms.