Print
Share page with AddThis

Conservation Hearings Process

What to expect at the Conservation Commission Public Hearing

Conservation Commission public hearings are formal proceedings held under the authority of the Massachusetts Wetlands Protection Act (M.G.L. c.131 §40) and the Sturbridge Wetland Bylaw. These hearings are also governed by the Massachusetts Open Meeting Law (M.G.L. c.30A §§18-25), which ensures transparency and public participation in government decision-making.

All attendees must sign in upon arrival.

When speaking, state your name and affiliation (e.g., “Jane Doe, consultant for the applicant”) for the record. Speak clearly into the microphone. Do not touch the microphones. 

For Applicants & Representatives

  • You or your representative must be present for the hearing.
  • Your project will be called by the Chair or Acting Chair in the order of the published agenda.
  • You will be asked to summarize your proposed work, using submitted plans and documents as reference.
  • Commission members may ask questions about project details, wetland impacts, mitigation measures, or alternatives.
  • After Commission discussion, the Chair will open the hearing to public comment.
Continuation

A public hearing may be continued to a future date to allow time for additional information, plan revisions, or site visits.Continuation requires mutual agreement between the applicant and the Commission, and the new date will be announced publicly.

If Your Project is Approved
  • You will receive an Order of Conditions (OOC) or Determination of Applicability (DOA), which serves as the permit authorizing the work.
  • The Order will contain specific conditions that must be followed during construction.
  • The permit must be recorded at the Registry of Deeds before work begins. (OOC ONLY)
  • You must notify the Commission prior to the start of work and upon completion for a Certificate of Compliance. (OOC ONLY)
Denial of a Permit (NOI or RDA)

If the Conservation Commission determines that a proposed activity does not meet the performance standards of the Massachusetts Wetlands Protection Act (M.G.L. c.131 §40) or the Sturbridge Wetland Bylaw, or if it poses an unacceptable risk to protected resource areas, the Commission may issue a denial.

A denial may apply to either:

  • A Notice of Intent (NOI), when a project is found to cause adverse impacts that cannot be avoided, minimized, or mitigated sufficiently; or
  • A Request for Determination of Applicability (RDA), when the Commission determines that the work is subject to regulation and cannot proceed without the filing of a full NOI, or when the proposed activity is inconsistent with local wetland protections.

The written decision will include the specific reasons for the denial, citing applicable regulations and performance standards. Applicants are advised to carefully review the denial letter for instructions and contact the Conservation Department with any questions about appeal procedures or future filing options.

For Members of the Public & Abutters

You are encouraged to attend and participate in public hearings. All attendees must sign in at the meeting entrance. If you wish to speak on a specific project, you will be given an opportunity to do so after the Commission has heard from the applicant.

  • Wait for the Chair to open the hearing to public comment.
  • Begin your comment by stating your name and address for the official record.
  • Keep your comments respectful, relevant to the application, and within a reasonable time limit.
  • The Commission may ask clarifying questions.

As an abutter or interested party, you have the right to view application materials prior to the hearing, provide verbal or written comments, or appeal decisions only if part of a 10-citizen group as allowed under the Wetlands Protection Act.

Appeal a Decision 

Under the Massachusetts Wetlands Protection Act (M.G.L. c.131 §40)

If the Conservation Commission approves or denies an NOI under the state Wetlands Protection Act, the following parties may file an appeal with the Massachusetts Department of Environmental Protection (MassDEP) within 10 business days of the decision:

  • The applicant
  • The Department of Environmental Protection (MassDEP)
  • A 10-citizen group, provided they meet the legal requirements under the Act
  • A group of any 10 residents of the Commonwealth (must submit appeal within 10 business days)

Appeals must be filed using MassDEP’s Request for Superseding Order of Conditions . The appeal must include supporting documentation and fees. For full guidance on filing an appeal, visit: MassDEP Appeal Information – Wetlands Protection Act

Under the Sturbridge Wetland Bylaw

If a permit is issued, denied, or conditioned under the Sturbridge Wetland Bylaw, any appeal of the local decision must be made to the Worcester Superior Court, not MassDEP. Appeals must be filed within 60 days of the issuance of the Order of Conditions (or denial). This is a judicial appeal, not an administrative one, and requires filing a civil complaint with the court. Legal representation is recommended. The applicant or any aggrieved party (including abutters or residents) may appeal if they believe the Commission acted outside its authority or in a manner inconsistent with the Bylaw.

Important Information

A project may be approved under state law but denied under the local bylaw, or vice versa. This may result in two separate appeal processes.

An appeal under only one jurisdiction does not override the requirements or outcomes under the other.

Work may not proceed during the appeal period unless specifically authorized.

Where to File:

For state appeals (Wetlands Protection Act):
MassDEP Central Regional Office
8 New Bond Street
Worcester, MA 01606

For local bylaw appeals (Sturbridge Wetland Bylaw):
Worcester Superior Court
225 Main Street
Worcester, MA 01608