A homeowner in Concord, Massachusetts wants to build a new deck on the back of her house. After measuring, she discovers that the proposed deck location is 75 feet from the edge of a bordering vegetated wetland on her property. Under the Massachusetts Wetlands Protection Act, what must the homeowner do before beginning construction?
Correct Answer
D) File a Notice of Intent with the local Conservation Commission and receive an Order of Conditions
Because the proposed deck is located within the 100-foot buffer zone established by MGL Chapter 131, Section 40, the homeowner must file a Notice of Intent (NOI) with the local Conservation Commission. The Conservation Commission then reviews the project and issues an Order of Conditions either approving, approving with conditions, or denying the work. No construction may begin until the Order of Conditions is issued and any appeal period has passed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.
Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.
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