Obtaining a Permit

*Please note: When submitting an application (NOI/RDA/Chapter 193) we now require TWO hard copies be submitted to the Conservation Department and an electronic version submitted to Linda Hansen (lhansen@wayland.ma.us)

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 Wayland under Massachusetts Wetlands Protection Act (310 CMR 10) and its implementing Regulations.  The Town of Wayland also has a local wetlands bylaw and a Stormwater Management Policy.

Hearing Schedule and Filing Deadlines:

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 General Information Guide describes more about the protective zones around ponds, streams and other wetland resources areas in Wayland.  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 (508) 358-3669.

Request for Determination of Applicability:

This Application is for minor projects effecting 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 most homeowners can fill out on their own.  An RDA results in a Determination of Applicability.  Please review the Instructions for Filing an RDA

Stormwater and Land Disturbance Bylaw: Chapter 193:

Stormwater discharges are generated by runoff from land and impervious areas during rainfall and snow events. Stormwater picks up litter, sand, bacteria, oil and other chemicals as it flows over the land and it carries these pollutants to our streams, rivers, ponds and wetlands. Runoff from paved surfaces, such as roads, parking lots and rooftops, may contribute large amounts of polluted storm water. Cleaning up storm water not only benefits our neighborhoods and town, it also benefits the entire network of water bodies and land that make up our watershed (Sudbury-Assabet-Concord (SuAsCo) Watershed). 

In Wayland, stormwater is regulated at the federal level by the Environmental Protection Agency (EPA), the state level by the Massachusetts Department of Environmental Protection (DEP) and at the town level it falls under the jurisdiction of the Wayland Wetlands and Water Resources Bylaw, Chapter 194, which is regulated by the Conservation Commission, and Chapter 193, Stormwater and Land Disturbance bylaw.

As authorized by the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Point sources are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters.

NOTE: Any activity within 100' of a wetland or 200' of a perennial stream or 200' of a floodplain is also under the jurisdiction of the Conservation Commision and requires their approval. The Conservation Commission is the sole board that can determine whether an area is or is not under their jurisdiction. To determine whether your property is within the Commission's jurisdiction, please contact the Conservation office.

On Thursday, December 19, 2019 at 7:00pm, in the Wayland Town Building, 41 Cochituate Road, Wayland, Massachusetts, the Wayland Conservation Commission will hold a public hearing to solicit public comments on the proposed draft regulations for the Town of Wayland Chapter 193 Stormwater and Land Disturbance Bylaw as required by Section 195-5 of the Bylaw.

Chapter 193 Permit Application 

Useful Links

Chapter 194 Bylaw:

This Application is the Town of Wayland's local bylaw, which provides a greater degree of protection of wetlands, buffer zones, and related water resources, than the protection of these resource areas provided under the MGL c. 131, section 40, and the Wetlands Regulations under the Massachusetts Department of Environmental Protection. 

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 Instructions to file for an NOI and the checklist for town specific requirements.

Abutter Notification:

Applicants filing a Notice of Intent or a Chapter 194 Application must notify all abutters (any landowner within 100 feet of the property line) by certified mail or Certificate of Mailing at least five business days prior to the scheduled hearing date. View a Request for Certified Abutters List (NOI) and Request for Certified Abutters List (Chp. 194). The Conservation Office or the Assessor's Office can provide assistance in obtaining a certified abutter's list.

Filing Fees:

The Town of Wayland has separate filing fees along with state filing fee.

Recording Information:

An Order of Conditions must be recorded at the Middlesex Registry of Deeds 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.

The Conservation Commission is responsible for all matters delegated by Massachusetts General Law and the Town Bylaws. Most importantly, it has jurisdictional authority under the MA Wetlands Protection Act and Wetlands Protection Bylaw to review and permit projects within 100-feet of a wetland and 200-feet of a perennial stream. For more information on wetland permitting please see the links below.

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.

Additional Documents: