Wetlands

Wetlands, more generically known as a New England resource area, can be a thing of beauty, natural wonder, and intrigue. However, when developing a property, they can also be a limitation, hurdle, and cause for project manager anxiety. Brown & Brown is here to help you through the mud, muck and mire of wetlands and return to natural serenity they can provide.

With backgrounds in environmental, landscape architecture and sustainable building, our firm is well positioned to help your project with the Conservation permitting process. Working with your engineers and site designers, we can assist in locating your work with the required buffer area and often, utilizing "green" low impact development techniques to work with the land and its natural features.

Order of Conditions

The most common permit required by Conservation Commissions for work in a resource area is an Order of Conditions. After delineating the wetlands on a site, the applicant typically submits a Notice of Intent to the Conservation Commission informing them of their project, the location of wetlands, mitigation proposed and if applicable, meeting the requirements of stormwater standards. There are a variety of other permits which may be applicable, including an Abbreviated Notice of Intent and Request for Determination, all of which involve the Conservation process. Brown & Brown is well suited to assist you with the process to obtain the right permit for your project. We can help you find, and work with a wetland scientist, engineer and other project professionals to make your project happen.

Certificate of Compliance

An often overlooked step in a project, the Certificate of Compliance is proof that the project was constructed according to the Order of Conditions and is complete in the eyes of the Conservation Commission. There may be continuing conditions a project must adhere to, but by requesting and receiving a Certificate, the applicant documents the project is complete. It should be noted that for a homeowner, this final step becomes important in any land transaction, in order to obtain clear title to the property with no outstanding issues. It is not unusual for a missing Certificate to hold up a sale of a home, thus increasingly important to obtain once a project within resource areas is complete. Brown & Brown can help obtain a Certificate, or have one reissued when lost and ensure that your project is closed out properly.

Enforcement Order

Unfortunately, even the best laid plans can run amuck. Or, sometimes, a lack of knowledge isn't such a good thing. If a conservation official notices activity within a resource area that either is not permitted by an Order of Conditions, violates an Order, or is simply not allowed, they can issue an Enforcement Order. Proper response to the Order may vary, but will typically include appearance before the Conservation Commission. Brown & Brown can represent an owner before the Commission and help negotiate an amicable solution.