What is the procedure for permitting storm damage repair?

Recent heavy rain and flooding events have caused significant damage to personal property adjacent to the many small and large rivers that flow through our Town. Working in wetlands and rivers along with their 100-foot protective buffer zone and 200-foot Riverfront Area is prohibited without some form of permits in most cases, even in situations where it may seem like the work is necessary and justified.

Contacting the Conservation Commission while in the middle of an emergency or while under the stress of dealing with damage to your property may not be high on your priorities. However, working in and near rivers and streams even under situations involving storm damage could lead to unintended fines from Mass DEP, requirements for corrective actions, and possible deed restrictions. Please contact the Williamsburg Conservation Commission before working on a project in or near a wetland or stream so that we can assist you in navigating the Wetlands Protection Act permitting process.

The Conservation Commission has several mechanisms available to provide emergency work certificates if the conditions are right. For storm damage to your property that requires repair in or around wetlands and streams there are three general recommended ways to proceed with repairs.

State Emergency Declaration – “MassDEP may issue emergency regulations that allow repair to storm damaged property without need for local approval. When emergencies regulations are issued for severe storms that cause widespread damage, they will be posted to MassDEP's web site.” These declarations are issued for large and damaging events like Hurricane Irene. They include specific instructions about the time period where clean up work is allowed and the reporting responsibilities. Typically, this includes notifying the Conservation Commission about the work and sending photos and a brief description of what needs to be done, along with a photo of the completed work.

Emergency Certificate – For smaller or more local severe weather-related events, the Conservation Commission may issue an Emergency Certificate to allow a resident to repair damage without a more complicated permit when “the project is necessary to protect the health or safety of the citizens of the Commonwealth”. The resident should contact the Conservation Commission and if possible another Town Department who can confirm the health or safety issue. Send photos and a brief description of what needs to be done to the Conservation Commission. The Commission will conduct a site visit and fill out an Emergency Certificate detailing what work is to be allow and the timeframe for its completion. The Emergency Certificate takes the place of a permit and typically the only follow up is a request for photos of the repairs.

Permitting – In some cases, the weather event is too localized and the impacts to property are not clearly linked to a health and safety concern. In these situations, Wetlands Protection Act permitting may be the only path forward. The Conservation Commission can assist you with determining what level of permitting may be needed and can provide a list of local environmental consultants for you to consider.