- 1). Receive the Request for a Determination of Applicability from the Massachusetts Department of Conservation and Recreation and your town's Conservation Commission. There are two possible answers to your RDA, which will be delivered to you via the Massachusetts Department of Environmental Protection in WPA Form 2 --- Determination of Applicability. This form indicates a Positive or Negative Determination: whether the WsPA was determined to be applicable or not. The applicant will wish to appeal a Positive Determination; groups opposed to the proposed action will wish to appeal a Negative Determination.
- 2). Apply for a variance with the Massachusetts Department of Conservation and Recreation, if you are the applicant and have received a Positive Determination. A variance can help you if you receive a Positive Determination, but can adequately demonstrate that the proposed activity will not actually affect the water quality of the protected area.
- 3). File for a Superseding Determination of Applicability with the Department of Environmental
Protection Regional Office in your town, if you are a person or group opposed to the proposed activity. This request must be delivered in writing, by certified mail or in person, within 10 business days of the determination. Simultaneous submissions must be made to the Conservation Commission and to the RDA applicant. The request should state in writing the objections to the determination: why you believe the WsPA should apply to the proposed activity. Accompany your appeal letter with the Massachusetts Department of Environmental Protection's Request for Departmental Action Fee Transmittal Form, completed in its entirety. Include the appropriate fee: $100 for single-family home projects, and $200 for all other projects (fees as of this publication).
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