Obtaining a Wetlands Permit
The Conservation Commission is responsible for reviewing and permitting all work (construction, cutting, grading, or new landscaping) in or near wetlands, ponds, and rivers in the Town of Weston under the Massachusetts Wetlands Protection Act (310 CMR 10) and its implementing Regulations. Currently, Weston does not have a local wetlands bylaw; however, the Commission has a 25-Foot No Disturb Zone Policy and Application (PDF).
Hearing Schedule and Filing Deadlines
As of June 29, 2021 and until further notice: Pursuant to An Act Relative to Extending Certain State of Emergency Accommodations, signed by Governor Baker on July 16, 2022 and extended again by Governor Healy on March 29th, 2023, which includes an extension of Governor Baker’s March 12, 2020 Order Suspending Certain provisions of the Open Meeting Law, G.L. c. 30A, §18, all meetings of the Conservation Commission will be held via an online meeting platform. No in-person attendance of members of the public is available, but every effort will be made to ensure that the public can adequately access the proceedings in real time including a dial-in option.
Upcoming meeting agendas, which include Zoom meeting login information, can be viewed at our Agenda & Minutes Center. Subscribe to receive email/text notification when new Commission agendas are posted online.
Any activity proposed within 100 feet of wetland resource areas (wetlands, ponds, or intermittent streams) or 200 feet from perennial (year-round) streams must be reviewed by the Conservation Commission. The Living with Wetlands brochure (PDF) describes more about the protective zones around ponds, streams and other wetland resources areas in Weston.
If you are planning a project that involves grading, filling, cutting, or building near a wetland resource area and have questions about which permit you should apply for, please contact the Conservation Department at 781-786-5068.
Please note that as of May 5, 2022, all legal advertisements required for NOIs, RDAs and ANRAD wetland applications will be placed in the Boston Globe at the applicant's expense. The Weston Town Crier is no longer published.
Request for Determination of Applicability (RDA)
This Application is for minor projects affecting a small portion of the Buffer Zones that will have no impact on the Wetland Resource Area. It is the simplest and least expensive permit application procedure, one that most homeowners can fill out on their own.
An RDA results in a Determination of Applicability. Please review the Checklist for Filing a Request for Determination of Applicability (PDF) for Town-specific requirements.
Notice of Intent (NOI)
This Application is for projects involving significant work in the buffer zone or any work in a Wetland Resource Area. An NOI is a more detailed permit application that requires professionally engineered plans and results in a permit called an Order of Conditions (OOC).
Please review the brochure entitled Applying for a Notice of Intent - A User's Guide - 2022 (PDF) and the NOI Application Instructions-Remote Meetings Only-Checklist for Filing a Notice of Intent (PDF) for Town specific requirements. For information regarding your hearing and permit conditions, review the Applicant's Guide to Your Remote Notice of Intent Hearing and Permit Conditions (PDF)
Applicants filing a Notice of Intent must notify all abutters (any landowner within 100 feet of the property line) by certified mail or Certificate of Mailing. View a Request for Certified Abutters List Form (PDF) online.
Abutters to projects can learn more in the Abutter's Guide to the Wetlands Permitting Process (PDF)
The Town of Weston does not have a separate filing fee. Only the State fee applies.
An Order of Conditions must be recorded at the Middlesex Registry of Deeds (PDF) in Cambridge, or for registered land in the Land Court, no earlier than 10 business days after the issuance of the Order of Conditions by the Conservation Commission along with proof that no appeal of the Order of Conditions has been filed. The Registry fee for recording or registering shall be paid by the owner or applicant.
Proof of recording this original Order of Conditions must be brought back to the Conservation Commission before the applicant may apply for a Building Permit or commence work on the site.
Closing Out a Permit
To close out a permit, you must submit a Request for Certificate of Compliance. Upon receipt and recording of a Certificate of Compliance signed by the Conservation Commission, the cloud on your title will be released.
Other Wetland Related Laws
Although they are not administered by the Conservation Commission, there are two wetland-related zoning laws in Weston that applicants should also be aware of:
- The Wetland and Flood Plain District map (PDF) may be obtained in the Town Clerk’s Office at Town Hall for the cost of $20; note that the Zoning District is different from the vegetated wetland boundary, which is defined by the Massachusetts General Laws, Chapter 131, Section 40
- The Aquifer Protection Overlay District (PDF) (Zoning By-Law Section V-H)
- 25-Foot No Disturb Zone Policy and Application (PDF)
- Abutters Guide to WCC Permitting Process (PDF)
- Applicant's Guide to Your Remote Notice of Intent Hearing and Permit Conditions (PDF)
- Checklist for Filing a Request for Determination of Applicability (PDF)
- Good Standing Approval (PDF)
- Living with Wetlands Brochure (PDF)
- Middlesex Registry of Deeds (PDF)
- NOI Application Instructions- Remote Meetings Only Checklist for Filing a Notice of Intent
- Request for Certificate of Compliance (DOC)
- Request for Certified Abutters List Application (PDF)
- The Aquifer Protection Overlay District (PDF)
- Weston's Rules for Hiring Outside Consultants (PDF)
- Wetland and Flood Plain District (PDF)
- Wetlands Protection Act (PDF)
- Winter Conditions Wetland Delineation and Certificate of Compliance Policy (PDF)
- WPA Filing Fees (PDF)