Conservation Permits: Wetlands Protection
January 13, 2023 Update:
Lexington, a Department of Environmental Protection Northeast Regional Office (DEP NERO) Community, has been upgraded to a Level 1 - Mild Drought status As such, any observations of dry perennial streams in this region still may not be submitted as proof that a stream is intermittent in the northeast drought region. Commissions may not accept observations of dry stream made between May 1, 2022, and the declared end of the drought.
Further, photos of dry stream taken before May 1, 2022 for this purpose, must also not be taken during drought conditions and always check the Past Drought Status Page to see if older photos were taken during a declared drought before submitting as evidence.
The Town of Lexington regulates wetlands and floodplain protection in accordance with the terms of the Massachusetts Wetlands Protection Act (M.G.L. 131 Section 40 A) and the Town of Lexington's Wetlands Protection Code (PDF). The Environmental Protection Agency/United States Army Corps of Engineers also regulates activities in wetlands through the Clean Water Act.
Wetlands include streams, ponds, marshes, wet meadows, bogs, swamps, and other wet areas, as defined by the Wetlands Protection Act.
Types of Conservation Permits & How to Apply
To apply for a Conservation Permit go to the Town of Lexington's Online Permitting System, ViewPoint Cloud.
Permit applications will only be accepted through the online application portal. Hard copies will not be accepted.
You can apply for:
- Notice of Intent / Order of Conditions
- Insignificant Plan Change / Conservation Plan Modification
- Amendment to Order of Conditions
- Extension to Order of Conditions
- Certificate of Compliance (PDF)
- Request for Determination of Applicability (PDF) / Determination of Applicability
- Order of Resource Area Delineation
- Conservation Administrative Review - for administrative review by the Conservation Staff (site visit included)
- Conservation Hazardous Tree Permit - to allow for the removal of hazardous trees bordering conservation land or within protected resource areas
- Conservation Land Use Permit - for the approval of Conservation Land for event use
Any questions or concerns regarding the online permitting application system can be directed to the Conservation Office at 781-698-4531
Rules & Regulations
- The Clean Water Act (Federal) (PDF)
- The Wetlands Protection Act (Commonwealth of Massachusetts)
- Wetlands Protection Act Regulations (Commonwealth of Massachusetts) (PDF)
- Wetlands Protection Act Regulations Appendices (Commonwealth of Massachusetts) (PDF)
- Wetland Protection Code (Town of Lexington) (PDF)
- Wetland Protection Code Rules (Town of Lexington) Amended September 13, 2021 (PDF)
- Policy for Administrative Reviews for Minor Activities (approved 10-3-2022)
2023 Abutter Notification Templates (Remote Meetings through March 31, 2023)
Other Helpful Documents
- 2023 Conservation Commission Meeting Calendar
- Continuance Agreement (PDF)
- Fee Schedule (Effective 8-1-09) (PDF)
- Feno Anchored Survey Markers (PDF)
- Legal Notice Charge Authorization Form (PDF)
- Notice of Intent Filing Fee and Transmittal Form (PDF)
- Plant Materials Guide for Lexington (PDF)
- Pre-Construction Checklist (PDF)
How to View Conservation Applications & Records
If you are requesting records from a Conservation filing prior to 2018, please contact the Conservation office for assistance as those files may not be available through ViewPoint Cloud.
- Go to Lexington's online permitting system, ViewPoint Cloud
- On the upper right-hand side you will see three options; "Search", "Login" and "Sign Up". You do not need to create an account to view a permit application
- To search for a Conservation permit you can either search by Location (address) or by Record number (ex. CNOI-21-56, AOOC-19-5)
- Once you click on the property it will bring you to the locations online file. There may be many permits for that location depending on the type of property (i.e., commercial, residential, etc.)
- If the applicant has filed with the Conservation Commission they will have filed for one of the following permits: Notice of Intent, Determination of Applicability, Abbreviated Notice of Resource Area Delineation, or Certificate of Compliance.
- Once you click on the application you can view all information submitted. To view plans, click on the "Files" tab. You will be able to view and download the plans for the project. If revisions are made to the plans they may be uploaded in the same spot or uploaded as a separate attachment.