A listing agent in Barnstable, Massachusetts is preparing to list a waterfront property. The seller mentions that a previous owner received an Order of Conditions from the Conservation Commission five years ago to allow construction of a dock, and that the Order has since expired. The seller now wants to repair and expand the dock. Which statement correctly describes the seller's situation under the Massachusetts Wetlands Protection Act?
Correct Answer
C) The seller must file a new Notice of Intent with the Conservation Commission and obtain a new Order of Conditions before repairing or expanding the dock
Under MGL Chapter 131, Section 40, an Order of Conditions is typically valid for three years from the date of issuance, with the possibility of extensions. Once an Order of Conditions has expired, it no longer authorizes any work in the wetland resource area or buffer zone. The seller must file a new Notice of Intent with the local Conservation Commission and obtain a new Order of Conditions before performing any repair or expansion work on the dock, as the proposed work constitutes activity in a wetland resource area or its buffer zone.
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A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
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