310 CMR, § 13.07

Current through Register 1536, December 6, 2024

Section 13.07 - Wetland or Flood Plain Boundary or Encroachment Line Delineation Procedures

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.

310 CMR, § 13.07