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Conservation Committee & Wetland Processes

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1. How does the Ipswich Conservation Commission administer the Massachusetts Wetlands Protection Act and the Ipswich Wetland Protection Bylaw?

The Commission meets twice a month, normally on the 1st and 3rd Wednesday evenings, to hold public hearings related to permit applications filed under the Massachusetts Wetlands Protection Act and the Ipswich Wetland Protection Bylaw, as well as enforcement matters related to violations of the Wetlands Protection Act and the Wetland Protection Bylaw. The public has a right to ask questions and comment on relevant matters. If you have any questions, please contact the Conservation Department.

2. How can I find out if my project is allowable under the Wetlands Protection Act and the Ipswich Wetland Protection Bylaw?

Only the Conservation Commission can make that determination. You can attend a Conservation Commission meeting and ask a question during the Citizen’s Query portion of the meeting. Citizen’s Queries are limited to 5 minutes per person. You can also ask the Conservation Agent, but the Agent can only give you their opinion. They cannot tell you definitively is a project is allowable. Please be aware that the Commission may offer advice during a Citizen’s Query, but they may not approve a project.

If you have any questions, please contact the Conservation Department.

3. What types of permits does the Ipswich Conservation Commission issue?

The Conservation Commission issues 3 types of permits:

• Determination of Applicability in response to a Request for Determination of Applicability
• Order of Resource Area Delineation, in response to a Notice of Resource Area Delineation
• Order of Conditions, in response to either an Abbreviated Notice of Intent or a Notice of Intent

These permits can be to approve a project or deny a project or resource area delineation, as appropriate. If you have any questions, please contact the Conservation Department.

4. Can the Commission’s decisions be appealed?

Yes, decisions can be appealed. Appeals under the Massachusetts Wetlands Protection Act are made to the Massachusetts Department of Environmental Protection’s (DEP’s) regional office in Wilmington. Appeals under the Ipswich Wetland Protection Bylaw are made to Superior Court. Appeals must be made under both, if an applicant wishes to have the Commission’s decision overturned. There are strict statutory deadlines for filing an appeal which must be adhered to, as well as requirements for who can appeal a decision.

If you have any questions, please contact the Conservation Department.

5. What is the Conservation Commission’s jurisdiction under the Wetlands Protection Act and the Wetland Protection Bylaw?

The Conservation Commission has jurisdiction over projects proposed within 100 feet of a jurisdictional wetland (the Buffer Zone to wetlands), 150 feet of an Area of Critical Environmental Concern (the Buffer Zone to ACEC), and 200 feet of a river or perennial stream (the Riverfront Area). If you have any questions, please contact the Conservation Department.

6. Can the Conservation Agent approve my project?

The Conservation Agent cannot approve your project. The Conservation Agent does not have the authority to approve projects under the Massachusetts Wetlands Protection Act or the Ipswich Wetland Protection Bylaw. Only the Conservation Commission may approve projects, as part of a formal public hearing process. If you have any questions, please contact the Conservation Department.

7. Why does the Conservation Agent have to approve my building permit, and what is the process?

The Conservation Agent makes a determination as to whether a proposed project is located within the jurisdiction of the Conservation Commission (See Frequently Asked Question #6). If it is located in the Commission’s jurisdiction, the agent will not sign the building permit, and directs the applicant to file either a Request for Determination of Applicability or a Notice of Intent so that the Commission may review the project for approval or denial.The agent may also mark the application as incomplete, and request additional information; or mark the project as Not Applicable, if it is not located within the Commission’s jurisdiction.

The agent generally processes building permit applications within 7 days of notification. If you have any questions, please contact the Conservation Department.

8. What is a Buffer Zone to a Jurisdictional Resource Area?

The Buffer Zone is the land within 100 feet of a jurisdictional resource area. Jurisdictional resource areas include freshwater and saltwater wetlands that border a water body, such as a stream, river, pond, or the ocean; as well as tide flats, beaches, Coastal Bank and Coastal Dunes. An isolated wetland that is greater than 5,000 square feet in size is also jurisdictional, and has a 100 feet Buffer Zone. All activities that could alter the Buffer Zone must be approved by the Commission under the Wetlands Protection Act and the Wetland Protection Bylaw.

Land subject to tidal action, land subject to coastal storm flowage, and land subject to flooding are also jurisdictional resource areas, but they do not have Buffer Zones. If you have any questions, please contact the Conservation Department.

9. What is Riverfront Area?

The Riverfront Area is the land within 200 feet of a river or perennial stream. All activities that could alter the Riverfront Area must be approved by the Commission under the Wetlands Protection Act and the Wetland Protection Bylaw. If you have any questions, please contact the Conservation Department.

10. What is an Area of Critical Environmental Concern?

Areas of Critical Environmental Concern, or ACECs, are designated by the state. Ipswich is partially located within the Great Marsh ACEC. This ACEC is defined as elevation 10 feet (10 feet above sea level) in coastal areas, including the Ipswich River up to the Town Landing. All activities proposed within 150 feet of an ACEC must be approved by the Commission under the Wetlands Protection Act and the Wetland Protection Bylaw.

If you have any questions, please contact the Conservation Department.

11. What are the Commission’s mandatory setbacks?

The Ipswich Wetland Protection Bylaw mandates a 50 feet No-Disturbance Zone (NDZ, areas within 50 feet of jurisdictional wetlands) and a 15 feet No-Build Zone (NBZ, areas within 65 feet of jurisdictional wetlands). For previously developed lots, such as existing single family homes built before 2001, the NDZ is grandfathered at 25 feet, within the 15 feet NBZ remaining the same (areas within 40 feet of jurisdictional wetlands). Properties where a change in use is proposed are subject to the more restrictive setbacks. If you have any questions, please contact the Conservation Department.

12. What can I do in the Commission’s Mandatory No-Disturbance Zone?

You cannot do anything that is defined as an alteration by the Ipswich Wetland protection bylaw. This includes, but is not limited to:

• Changing of preexisting drainage characteristics
• Dumping (of any kind including yard debris and grass clippings), discharging or filling with any material which may degrade water quality or alter the preexisting elevation; or certain destruction of plant life
• Removal, excavation, or dredging of soil or sediment

If you have any questions, please contact the Conservation Department.

13. What can I do in the Commission’s Mandatory No-Build Zone?

You cannot build anything defined as a structure by the Ipswich Wetland Protection Bylaw. This includes, but is not limited to:

• Buildings (permanent or temporary)
• Discharge channel, drainage basin, and grading associated with storm water management
• Drainage structures such as culverts and discharge trenches
• Fences
• Mobile homes
• Observation decks
• Pavement
• Platforms
• Radio towers and microwave antennas or receivers
• Sheds
• Signs
• Storage bins
• Swimming pools (permanent or temporary)
• Tennis and sports courts
• Walkways
• Walls
• Wells

If you have any questions, please contact the Conservation Department.

14. May I request a waiver of the No-Disturbance Zone or the No-Build Zone?

Yes, if you can prove hardship. But the Commission is not required to approve the waiver request. If the waiver request is approved, there is a requirement for mitigation of impacts at a rate of 3:2 (mitigation to impact). If you have any questions, please contact the Conservation Department.

15. Do I have to file with the Commission for a deck that will be the same size and on the same footings on my property?

No, as long as your project will not disturb any soil or access jurisdictional areas (see Frequently Asked Question #6) with heavy equipment. If you plan to disturb the soil, or need to use heavy equipment in the Commission’s jurisdiction, you would have to file a Request for Determination of Applicability or a Notice of Intent (See Frequently Asked Question #29). If you have any questions, please contact the Conservation Department.

16. Do I have to file with the Commission for a temporary (seasonal) pool on my property?

Yes. You would have to file a Request for Determination of Applicability, unless the pool proposed within one of the mandatory setbacks (See Frequently Asked Questions #12-15), in which case you would need to file a Notice of Intent. If you have any questions, please contact the Conservation Department.

17. Do I have to file with the Commission for a seasonal dock?

Yes, you would have to file a Notice of Intent. You would also have to file for a permit from the Harbor Master, and the State of Massachusetts under the Chapter 91 program. If you have any questions, please contact the Conservation Department.

18. Do I have to file with the Commission for an addition to my house?

Yes, you would have to file a Notice of Intent if that addition is located within the jurisdiction of the Conservation Commission (See Frequently Asked Question #6). If you have any questions, please contact the Conservation Department.

19. Do I have to file with the Commission for a shed on my property?

Yes, if that shed is proposed within the jurisdiction of the Conservation Commission (See Frequently Asked Question #6). These are considered structures and must meet mandatory setbacks (Frequently Asked Questions #12-15), unless a waiver is granted by the Commission. Generally the Commission will review a shed under a Request for Determination of Applicability, as long as the mandatory setbacks are met (Frequently Asked Question #29).

If you have any questions, please contact the Conservation Department.

20. Do I have to file with the Commission for a chicken coop or a dog pen on my property?

Yes, if that chicken coop or dog pen is proposed within the jurisdiction of the Conservation Commission (See Frequently Asked Questions #6). These are considered structures and must meet mandatory setbacks, unless a waiver is granted by the Commission (Frequently Asked Questions #12-15). Generally the Commission will review a these structures under a Request for Determination of Applicability, as long as the mandatory setbacks are met (Frequently Asked Question #29).

If you have any questions, please contact the Conservation Department.

21. Do I have to file with the Commission for a non-permanent / temporary structure, such as a Quonset hut or hoop house on my property?

If that structure is proposed within the jurisdiction of the Conservation Commission (See Frequently Asked Question #6) you must obtain approval of the Conservation Commission by filing either a Notice of Intent or a Request for Determination of Applicability (See Frequently Asked Question #29). These are considered “structures” and must meet mandatory setbacks, unless a waiver is granted by the Commission (See Frequently Asked Questions #12-15). If you have any questions, please contact the Conservation Department.

22. Do I have to file with the Commission for a gravel / stone walkway on my property?

If that walkway is proposed within the jurisdiction of the Conservation Commission (See Frequently Asked Question #6) you must obtain approval of the Conservation Commission by filing either a Notice of Intent or a Request for Determination of Applicability (See Frequently Asked Question #29). These are considered “structures” and must meet mandatory setbacks, unless a waiver is granted by the Commission (See Frequently Asked Questions #12-15).

If you have any questions, please contact the Conservation Department.

23. Do I have to file with the Commission to cut down one or more trees on my property?

If the tree is located within the jurisdiction of the Conservation Commission (See Frequently Asked Question #6) and is clearly dead or dying and is determined by the Conservation Agent to be dangerous, the Conservation Administrator can approve its removal. If not dead or dying and dangerous, you must obtain approval of the Conservation Commission by filing either a Notice of Intent or a Request for Determination of Applicability (See Frequently Asked Question #29).

Exceptions are made if the tree cutting is conducted as part of an approved tree cutting plan, or for use as firewood for the homeowner, but certain restriction apply. Standing dead trees, especially in wetlands, should always be left in place whenever possible, as they provide vital wildlife habitat. If you have any questions, please contact the Conservation Department.

24. Do I have to file with the Commission to prune trees and shrubs on my property?

If the tree branches represent a safety concern, as determined by the Conservation Administrator, she can approve moderate pruning. Vista pruning of branches and shrubs more than 50 feet from wetlands are exempt from the Wetlands Protection Act but not under the Ipswich Wetland Protection Bylaw. Contact the Conservation Agent to determine if the pruning you want to do requires filing under the local bylaw. Normal maintenance of landscaped areas and mowing of lawns is exempt from the Wetlands Protection Act and Ipswich Wetland Protection Bylaw.

If you have any questions, please contact the Conservation Department.

25. Do I have to have my wetland delineated by a professional wetland scientist?

You are required to have your wetland professionally delineated when submitting a Notice of Intent, unless the Commission grants a waiver of the delineation. When submitting a Request for Determination of Applicability, the Commission may require a professional delineation. If you have any questions, please contact the Conservation Department.

26. Do I have to submit plans prepared by an engineer or can I submit a hand-drawn sketch of my project if I file a Request for Determination of Applicability?

The Commission may require a drawing showing boundaries of all inland and coastal wetlands, ponds and streams, as defined in the Wetlands By-Law. The drawing shall also contain the name(s) and contact information of all person(s) who prepared the drawing. The Commission strongly encourages and may require that all such drawings be prepared by a registered professional engineer, land surveyor, architect or landscape architect. If you have any questions, please contact the Conservation Department.

27. Do I have to submit plans prepared by an engineer or can I submit a hand-drawn sketch of my project if I file a Notices of Intent?

You are required to submit plans prepared by an engineer unless the Commission grants a waiver of the requirement. If you have any questions, please contact the Conservation Department.

28. When do I have to file a Notice of Intent and when can I file a Request for Determination of Applicability instead?

It depends upon the nature of the project, and only the Commission can make that determination. Generally, if a project meets all mandatory setbacks, is not permanent by nature, does not include a permanent foundation or machine excavation, and requires no significant regrading, a Request for Determination of Applicability is acceptable. If you have any questions, please contact the Conservation Department.

29. Are there fees for submitting permit applications under the Wetlands Protection Act and the Ipswich Wetland Protection Bylaw?

Yes, there are separate fees under the state law and the bylaw. Fees must be paid in full under both, for the Commission to open the public hearing. If you have any questions, please contact the Conservation Department.

30. Do I have to be present at the public hearing?

Yes, unless you have a duly authorized representative to attend on your behalf. If you have any questions, please contact the Conservation Department.

31. Is my home in a floodplain?

FEMA determines where floodplains are located. Neither the Conservation Agent nor the Conservation Commission may change the location of a floodplain. The Commission uses best available evidence, according to the regulations to determine if a home is in the floodplain. In the case of Ipswich, we use the online maps prepared by FEMA. This website is found at . Enter your address in the search box below Search by Address and follow the prompts. You can make an appointment with the Conservation Assistant or Agent, and they can help you print out a FIRMette (a FEMA floodplain map).

In addition to the FEMA maps, other credible evidence may be presented to FEMA, if you believe your property is shown in the floodplain in error. The Conservation Office may not assist in rebutting the location of the FEMA floodplain. If you have any questions, please contact the Conservation Department.

32. Are there wetlands on my property?

The only way to know for sure is to hire a wetland scientist, and then have the wetland scientist’s determination reviewed and approved by the Conservation Commission. The Conservation Agent does not have the authority to make this determination, however, you can make an appointment for the agent to visit your property and she can give you her opinion.

In addition, you can inquire of the Conservation Assistant if there have been previous wetland filings for your property, or neighboring properties. If there was a wetland there in the past, it is most likely still there. If you have any questions, please contact the Conservation Department.

33. Can I plant shrubs and herbaceous plants in the buffer zone to wetlands or the Riverfront Area?

If they are native plants, yes. You can also ask the Conservation Assistant for the recommended buffer zone plantings species native to eastern Massachusetts. For additional native plant ideas, visit one of the following websites about native shrubs and plant value (PDF). If you have any questions, please contact the Conservation Department.

34. Can the expiration date of my order of conditions be extended?

Yes, an extension may be approved for periods of up to 3 years, but the request must be made at least 30 days prior to the expiration date, or state law will not allow its extension. If you have any questions, please contact the Conservation Department.

35. Can the expiration date of my Determination of Applicability be extended, or the project approved by my Determination of Applicability be amended?

No, the expiration date cannot be extended and the approved project cannot be amended. If you have any questions, please contact the Conservation Department.

36. Can the expiration date of my Order of Resource Area Delineation be extended?

Yes, as long as conditions have not changed, as determined by a site visit. An extension may be approved for periods of up to 3 years, but the request must be made at least 30 days prior to the expiration date, or state law will not allow its extension. If you have any questions, please contact the Conservation Department.

37. Do I have to notify abutters to my project?

You must only notify abutters if you are filing a Notice of Intent or Notice of Resource Area Delineation. If you have any questions, please contact the Conservation Department.

38. Since they are biodegradable, can I throw leaves, brush, and grass clippings into the wetland?

You may not throw biodegradable items in the wetland. This is considered fill in wetlands. Filling wetlands can harm water quality and wildlife habitat, and can lead to flooding on properties downstream the fill area. If you have any questions, please contact the Conservation Department.

39. How do I close out an Order of Conditions (OOC)?

To close out your OOC, you must file a Request for a Certificate of Compliance (COC) with the Commission. The specific requirements for what must accompany the Request for a COC are listed in your Order of Conditions, and generally include an as-built or record conditions plan prepared and stamped by an engineer showing all work completed; a letter from an engineer stating that the work was performed in accordance with the OOC, the local filing fee worksheet, and a check to the Town of Ipswich for the amount of the filing fee. If you have any questions, please contact the Conservation Department.

40. Can the Conservation Agent approve my Request for a Certificate of Compliance?

No, the agent may not approve a Request for a Certificate of Compliance (COC). The agent will perform a site visit to ensure that the work was done in accordance with the Order of Conditions, and make a recommendation, but only the Conservation Commission may approve a Request for a COC. If you have any questions, please contact the Conservation Department.

41. How soon can the Conservation Commission approve my Request for a Certificate of Compliance?

All Requests for Certificates of Compliance (COCs) must be voted on by the Conservation Commission at a regularly scheduled public meeting. In order to be heard at a meeting, the Request for a COC and all required materials must be submitted to the Conservation Office no later than 3 p.m. 1 week before the meeting. If you have any questions, please contact the Conservation Department.

42. Can I make changes to a Negative Determination of Applicability?

No, if you need to make changes to your approved project, you need to file a new Request for Determination of Applicability. If you have any questions, please contact the Conservation Department.

43. Can I make changes to my Order of Conditions?

It depends. You must receive pre-approval of the Conservation Commission for any proposed changes. For minor project changes, you may request a Minor Modification. For more substantive changes, an amended OOC must be requested. For major changes, a new Notice of Intent may be required. For additional information go to the DEP’s website. If you have any questions, please contact the Conservation Department.

44. What is a minor project change?

These are changes that correct obvious mistakes such as citing a wrong file number or typographical errors, or minor changes to a the project that will have unchanged or less impact on the interests protected by the act. Only the Commission may determine if a proposed project change is minor. If you have any questions, please contact the Conservation Department.

45. How does the Commission determine if a change is a substantial project change?

The issuing authority first makes a determination whether the requested change is great enough to warrant the filing of a new Notice of Intent. In making this determination, the issuing authority should consider such factors as whether the purpose of the project has changed, whether the scope of the project has increased, whether the project meets relevant performance standards, and whether the potential for adverse impacts to the protected statutory interests will be increased. Relatively minor changes which result in the same or decreased impact on the interests protected by the act are appropriate for amendments.

If you have any questions, please contact the Conservation Department.

46. Can I appeal to Department of Environmental Protection (DEP) if the Commission denies my request for a minor modification or amendment?

No. Per the DEP website, “Amending a Final Order of Conditions is at the discretion of the body that issued the Final Order of Conditions ("the issuing authority"). There is no provision in the wetland regulations that requires the issuing authority to consider or act upon a request to amend a Final Order of Conditions. There is no right to request a Superseding Order of Conditions or an Adjudicatory Hearing if a request to amend is not granted. If the issuing authority refuses to amend a Final Order of Conditions, the only opportunity for further review is the filing of a new Notice of Intent.”

Approved Amended OOCs may be appealed. If you have any questions, please contact the Conservation Department.

47. What is the procedure to request a minor modification of my Order of Conditions?

You must submit a narrative description of the requested change, along with revised plans, as appropriate. This information must be submitted to the Conservation Office no later than 3 p.m. 1 week before the meeting. You must attend the Conservation Commission meeting and be prepared to discuss why this modification is required. If you have any questions, please contact the Conservation Department.

48. What is the procedure to request an amendment of my Order of Conditions?

You must submit a detailed narrative description of the requested change, along with revised plans, as appropriate. This information must be submitted to the Conservation Office in accordance with the regular Conservation Commission filing deadline schedule (available on our website). The Conservation Commission will publish newspaper notice (at the applicant's expense) in the same way as when you originally filed your Notice of Intent.

In addition, you must notify abutters, as if filing a new Notice of Intent. Proof of this notice must be provided to the Commission. You must attend the Conservation Commission meeting and be prepared to discuss why this amendment is required. If you have any questions, please contact the Conservation Department.

49. Do I have to file with the Commission to install test pits for a new or replacement septic system on my property?

Yes, if the test pits are proposed within the jurisdiction of the Conservation Commission (See Frequently Asked Question #6). Generally the Commission will review test pits under a Request for Determination of Applicability. If you have any questions, please contact the Conservation Department.

50. How many copies are required to be submitted with my application?

This can vary depending on how many Commissioners are currently on the Conservation Commission. Currently we have 7 Commissioners however only 5 of them require hard copies of plans. Effective 7/5/16, the following number of copies should be submitted.

For RDAs, NOIs, Minor Modifications, Formal Amendments:

1 Full set of application documents and plans (Hard copy of the Original)
1 Full set of application documents and plans (Electronic copy of the Original, emailed to both Aliciag@ipswich-ma.gov and Gails@ipswich-ma.gov)
1 Complete Copy of the Original (Hard copy Copy)
5 Full sets of plans larger than 8.5x11 (Hard copy Plans only)

Note: At some point we may require additional hard copy plans when a newly appointed Commissioner starts but will let you know.

For COCs please provide:

1 Full set of application documents and plans (Hard copy of the Original)
1 Full set of application documents and plans (Electronic copy of the Original, emailed to both Aliciag@ipswich-ma.gov and Gails@ipswich-ma.gov)
1 Complete Copy of the Original (Hard copy Copy)
* in some cases, additional plan copies may be requested at the Agent's discretion.