§ 16.04.030. Permit application procedures.

A.

No person shall remove, fill, dredge, alter or build upon or within one hundred feet of any bank, fresh-water wetland, coastal wetland, beach, dune, flat, marsh, meadow, bog, swamp, or upon or within one hundred feet of lands bordering on the ocean or upon or within one hundred feet of any land under said waters or upon or within one hundred feet of any land subject to tidal action, coastal storm flowage, flooding or inundation, or within one hundred feet of the one-hundred-year storm line, other than in the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph and other telecommunication services, without filing written application for a permit so to remove, fill, dredge, alter or build upon, including such plans as may be necessary to describe such proposed activity and its effect on the environment, and receiving and complying with a permit issued pursuant to this chapter.

B.

Such application may be identical in form to a notice of intention filed pursuant to Massachusetts General Laws, Ch. 131, Sec. 40, and shall be sent by certified mail to the conservation commission (the commission). Copies of the application shall be sent at the same time, by certified mail, to the city council, the planning board and the board of health.

C.

The commission shall set a filing fee by regulation, but no filing fee is required when the city files an application for a permit.

D.

Upon written request of any person, the commission shall, within twenty-one days, make a written determination as to whether this chapter is applicable to any land or work thereon. When the person requesting a determination is other than the owner, notice of the determination shall be sent to the owner as well as to the requesting person.

E.

The provisions of this section shall not apply to work performed for normal maintenance or improvement of land in agricultural use.

(C.O.83-329 § 2 (part))