Buzzards Bay Project NEP logo

Buzzards Bay National Estuary Program

Town of Falmouth, MA Wetland Regulations Permit Forms

Back

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

File No.


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
File No.


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 judgment, 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
File No.


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
File No.


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 regulations) 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
File No.


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
File No.


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
File No.


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
File No.


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
File No.


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
File No.


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
File No.


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 there from, 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
File No.


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)

---------------------------------------------------------------------------------------------------------------- ------

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)