For all my Mass friends who work with Conservation Commissions:
[310 CMR 10.05(4)(e)] States that one must apply for all obtainable permits prior to filing a NOI. Building permits and similar are excluded from this demand.
The site I have submitted has a conforming Title 5 septic within the floodplain. No variances are needed. The Agent is stating that I need to apply for the septic permit immediately. I have always considered a by-right septic permit to be much like a building permit which is excluded.
I have contacted someone at the DEP for clarification and hopefully she will respond today as we have our first hearing tonight. I will be filing with the Health Department today, but I don't want to waste the client's money having the attorney, wetlands specialist and myself at a hearing that is immediately continued because the Agent suddenly reinterpreted the regulations. (Yes, we have had similar projects in the past without the last minute statement that we need to file with the Health Department.)
Thanks.
I do a lot of septic system repairs, and in the area where I work, the Conservation Commission has always required that a permit be issued from the Board of Health before the Order of Conditions will be issued. At least that's my impression - I have wetland consultants handle that for me.
I usually submit plans to both at the same time, and there's usually no problem since Conservation takes so long the Board of Health permit is usually issued before the meeting anyway!
Jeff
Fair enough and thank you for the response. I am scrambling as we are going there this evening and the plans were only submitted this morning and the BOH Agent is out of Town.
I did find DEP Policy 86-1 that states it works the other way. Technically the BOH cannot issue a permit until the Cons Comm accepts the delineation. Unless your wetland subs are running ANRADs on every delineation, how would they know if the Commission will accept the delineation?
> Fair enough and thank you for the response. I am scrambling as we are going there this evening and the plans were only submitted this morning and the BOH Agent is out of Town.
>
> I did find DEP Policy 86-1 that states it works the other way. Technically the BOH cannot issue a permit until the Cons Comm accepts the delineation. Unless your wetland subs are running ANRADs on every delineation, how would they know if the Commission will accept the delineation?
>
> 86-1
I just called my wetland consultant, and he says it actually varies by town - some require the Board of Health permit first, some require the Order of Conditions first. He thinks slightly more favor conservation first.
Most of my experience is on repairs where even Conservation wants to issue approval ASAP. The delineation is not usually questioned in these cases.
Yeah, those emergencies are easier.
We do have a local regulation that states that the Commission can deny a project if we do not file with Health. But we do not have to file before we submit the NOI, just before they close.
Varies town to town. What the regs say and the actual process are two wildly different things.
