How do I appeal a decision by the Commission?

Any decision made by the Conservation Commission on an NOI or RDA may be appealed to the DEP within ten business days of the postmark of the decision sent to DEP by the Commission. The Commission has 21 days to issue and send the approved permit to DEP and to the applicant, but generally files this paperwork within several days of the meeting where a determination is made.

Only the following persons may appeal a permit:

1. the applicant
2. the owner, if not the applicant;
3. any person aggrieved by an RDA Determination or an NOI Order of Conditions
4. any owner of land abutting the land on which the work is to be done
5. any ten residents of the town where the land is located
6. the Massachusetts Department of Environmental Protection

DISCLAIMER: Please note that the information on this website is meant to simplify very complicated regulations, and is not meant to substitute for applicants' responsibility to understand and follow applicable laws, and read the official forms and instructions carefully. In cases where information on this website disagrees or appears to disagree with state and local regulations and policies, the official regulations and policies take precedent.

Thanks to the Massachusetts Association of Conservation Commissions and the Massachusetts Department of Environmental Protection for contributing to information on this website.