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Massachusetts WPA 'other permits'
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.
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