Do I need to file?
A. That depends. Are you within 100 feet of any of the following:
wetland
intermittent stream
river
beach
coastal bank
coastal dune
pond
floodplain
vernal pool habitat
If so, you need to talk to the Conservation Administrator about filing. Filing does not mean your project will be prohibited. It does mean that the Commission would like to review your project for potential impacts to any of the resource areas listed above. If there are potential impacts, mitigation measures will be necessary.
Additionally, if your project is within 200 feet from a river or a perennial stream (a stream that runs year round), than you also need to file.
If your project is within a resource area, there is a chance that portions or all of the project could be denied.
Can someone help me fill out these forms?
A. Yes, call the conservation administrator and schedule an appointment. She would be happy to help you with the forms.
What is the buffer zone?
A. The buffer zone is a term used in both the Wetlands Protection Act and the Manchester Wetlands By-law. The buffer zone is the area that extends 100 feet perpendicularly from one of the resource areas listed above. The buffer zone is not a resource area itself. Vegetation, pervious soils, and natural grades often serve to buffer a resource area from the impacts of development. Although, activities in the buffer zone require a filing with the Commission, many of these activities are allowed. Those with no impact to the adjacent resource areas usually require no mitigation measures. Those activities in the buffer zone that could potentially impact the adjacent resource area must be mitigated. Activities that cannot be mitigated, cannot be permitted.
Where can I get a map of the trails in Manchester?
A. The conservation office has trail maps for Chebacco Woods, which is jointly owned by the Towns of Hamilton and Manchester. All other trail maps can be obtained from the Manchester-Essex Conservation Trust, 978-526-7692.
How long does it take to get a permit?
A. An applicants clock starts ticking the moment a completed application is brought in. The emphasis is on complete. The conservation administrator will call you and alert you to any omissions. The Commission has 21 days to review the application and hold a public hearing. Although an application may be complete, upon review the Commission may decide that it needs additional information in order to make an informed decision. If this is the case, the hearing may be continued. After the hearing is closed, the Commission has 21 days to issue a permit.
In general, the conservation administrator tries to issue permits soon after the hearing, however, a permit cannot be issued until DEP has reviewed the file and issued a State number. State numbers can be delayed due to incomplete submissions to the State or if the forms are not mailed to the state promptly (the applicants responsibility).
How do I notify abutters?
A. Notice of Intent and Abbreviated Notice of Intent applications require abutter notification. The town assessors office will provide you with a list of abutters. All abutters must be notified about the date and time of the public hearing via certified mail or hand delivery.
Can I cut down trees in or near a wetland?
A. Not without checking with the conservation administrator first. Even dead trees prevent erosion and host wildlife. Not all tree cutting requires a filing, but all tree cutting in the buffer zone requires checking.
Can I clean out my stream?
A. Some minor stream cleaning can be done without a formal filing as long as the work adheres to the Town's brook clearing guidelines. However, no stream cleaning can take place without first notifying the conservation administrator. All stream cleaning that will not be done by hand will require a filing with the Commission.
I have a permit but there has been a change of plans. What do I do?
A. Submit a request in writing, that includes a brief narrative about your change, to the Conservation Commission. The conservation administrator will place the change on the Commission’s next agenda. The Commission will then vote whether the change is one of the following:
The change is de minimus. This means the Commission will not need to add extra conditions to your Order of Conditions.
The change will require amending the Order of Conditions. This means that the Commission will need to add additional conditions to your Order of Conditions. The change will need to be advertised and abutters will need to be notified.
The change is so significant that the Commission would like the work to be submitted as a new Notice of Intent.
Do I need to file for landscaping?
A. Most landscaping within 100 feet of a resource area, other than maintaining existing vegetation, would require some sort of filing.
I don't know whether I have a wetland near me. How can I tell?
A. Call the Conservation Commission office and ask for the Conservation Administrator to take a look at the project area. Although the administrator will not delineate and flag an exact wetland line for you (the applicant must hire environmental consultants for that), she can give you a rough idea of the extent of the wetland line.
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