Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.07 - Wetland or Flood Plain Boundary or Encroachment Line Delineation Procedures

Current through Register 1525, July 5, 2024
Any person having an ownership interest in any affected inland
				wetland or flood plain area, (hereinafter referred to in 310 CMR 13.07 as the
				"requesting person") shall have the right to request a wetland, flood plain
				boundary or encroachment line delineation in accordance with the procedures set
				forth below.
Prior to the adoption of any Order, such a request may be made
				at any time subsequent to the Department's giving notice pursuant to
				310 CMR 13.03, but not
				later than 14 days after the close of the public hearing record, unless good
				cause for the delay in making such a request can be shown to the
				Department.
Subsequent to the adoption of any Order, such a request may be
				made only for good cause shown.
(1)
On-Site Inspections
. The Department shall make
			 available, for the purpose of requesting on-site inspections pursuant to 310
			 CMR 13.07, request forms as shown in Appendix A of
			 310 CMR 13.00. These forms
			 shall be available at the preliminary informational meeting and public hearing
			 held pursuant to
			 310 CMR 13.00, and at the
			 Wetlands Restriction Program of the Department's offices, during normal
			 business hours, at 1 Winter Street, Boston, Massachusetts 02108.
Completed request forms shall be sent to the Department at the
				above address. No form shall be deemed to be received unless properly
				completed, and improperly completed forms shall be returned.
The requesting person shall also contact the Department to
				arrange a time, date and meeting place for the on-site inspection. The location
				of the inspection shall be at the place or places specified on the request
				form.
The Department's representative shall meet with the requesting
				person at the agreed upon time, date and place.
The Department's representative shall indicate the location of
				the inland wetland and flood plain boundary or encroachment line on the site.
				The Department may, through its representative, conduct the on-site inspection
				without the requesting person, if the Department, prior thereto, has secured
				permission to do so from the requesting person.
The Department may answer any questions posed by the requesting
				person concerning the designation of the site inspected as land affected by an
				Order.
(2)
Delineation of Inland Wetlands, Flood Plain Areas or Encroachment
			 Lines on Assessor's Maps
. The Department, if requested, shall send
			 the requesting person a tracing or copy of the applicable portion of the
			 assessor's map or maps indicating the location of the inland wetland or flood
			 plain boundary or encroachment line of the affected land in relation to the
			 requesting person's land . The Department does not accept responsibility for
			 the accuracy of any assessor's map or maps.
(3)
Delineation of Inland
			 Wetlands. Flood Plain Areas or Encroachment Lines on Plot Plans
.
			 The Department, if requested, shall indicate the location of the boundary of
			 the inland wetland or flood plain area, or encroachment line on an individual
			 plot plan submitted by the requesting person to the Department. The Department
			 does not accept responsibility for the accuracy of any plot plan
			 submitted.