Certificate of Compliance
Upon written request by the applicant on Wetlands Protection Act Form 8A, a Certificate of Compliance shall be issued by the Commission within twenty-one (21) days of receipt thereof, and shall certify that the activity or portions thereof described in the Application for Permit and plans has been completed in compliance with the Permit. If issued by the Commission, the Certificate of Compliance shall be signed by a quorum of the Commission.
Prior to the issuance of a Certificate of Compliance, a site inspection shall be made by the Commission or its agent. The Commission may require the presence of the applicant or the applicant's agent.
If the Commission determines, after review and inspection, that the work has not been done in compliance with the Permit, or if the applicant or its agent fails to participate in a site inspection when required to by the Commission, it may refuse to issue a Certificate of Compliance. Such refusal shall be issued within twenty-one (21) days of receipt of a request for a Certificate of Compliance, shall be in writing, and shall specify the reasons for denial.
If a project has been completed in accordance with plans stamped by a registered professional engineer, architect, landscape architect or land surveyor, a written statement by such a professional person certifying substantial compliance with the plans and setting forth what deviation, if any, exists from the plans approved in the Permit shall accompany the request for a Certificate of Compliance.
If the Commission has not received all fees incurred in the application process according to the fee schedule, it may refuse to issue a Certificate of Compliance until such fees are paid.
If the Permit contains conditions which continue past the completion of work, such as maintenance or monitoring, the Certificate of Compliance shall specify which, if any, of such conditions shall continue. The Certificate shall also specify to what portions of the work such conditions apply if they do not apply to all the work regulated by the Permit.
The Certificate of Compliance shall be recorded by the applicant in the Land Court and/or Registry of Deeds, whichever is appropriate. Certificate of recording shall be sent to the issuing authority on the form provided. Upon failure of the applicant to so record, the issuing authority may do so.
Violations, Enforcement, Fines, and Administrative Action