§ 407-3. Application for permit and request for determination.

A. 

Application for permit. No person shall remove, fill dredge, alter or build upon or within 100 feet of any bank, freshwater wetland, including isolated land subject to flooding, coastal wetlands, beach, dune flat, marsh, meadow, bog, swamp, or upon or within 100 feet of any estuary, creek, river, stream, pond or lake, or upon or within 100 feet of any land under said waters or upon or within 100 feet of any land subject to tidal action, coastal storm flowage, flooding or inundation, or within 100 feet of the 100-year storm line, other than in the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph and other telecommunication services, without filing written application for a permit so to remove, fill dredge, alter or build upon, including such plans as may be necessary to describe such proposed activity and its effect on the environment, and receiving and complying with a permit issued pursuant to this bylaw.

B. 

Form of application. Such application may be identical in form to a notice of intention filed pursuant to M.G.L. c. 131, § 40, shall be sent by certified mail to the Rockland Conservation Commission (the "Commission"), and must be filed concurrently with or after applications for all other variances and approvals required by the Zoning Bylaw, the Subdivision Control Law or any other bylaw or regulation have been obtained. Sufficiently in advance of the public hearing, the applicant shall be expected to submit (1) receipts of mailings to abutters; (2) vested interest in the property information, such as a deed, purchase and sale agreement, notarized statement from owner, and plans and water calculations with a P.E. or R.L.S. stamp if applicable.

C. 

Request for determination. Upon written request of any person, the Commission shall, within 21 days, make a written determination as to whether this bylaw is applicable to any land or work thereon. When the person requesting a determination is other than the owner, notice of the determination shall be sent to the owner as well as to the requesting person.

D. 

Filing fees. The Commission shall set a filing fee by regulation, but no filing fee is required when the Town of Rockland or its officers, boards, departments and/or commissions file an application for a permit.

E. 

Exceptions. The provisions of this section shall not apply to work performed for normal maintenance or improvement of land in agricultural use.