Wetlands Bylaw, Regulations, and Conservation Commission Policies

The Fairhaven Wetlands Bylaw (Chapter 192 of the Code of the Town of Fairhaven) was adopted by Town Meeting on May 10, 1988.

Buffer Zone Regulations, as promulgated by the Commission on April 26, 2021.

Winter Conditions Regulations, as promulgated by the Commission on April 26, 2021.

On April 26, 2021, the Fairhaven Conservation Commission revised the policy regarding project review that was adopted on July 6, 2020. Prior to application submittal, applicants are required to schedule a meeting with the Agent for project review. Not meeting with the Agent prior to submittal will result in unnecessary project delays, including, but not limited to, a potential denial for lack of information.

On May 18, 2020, the Fairhaven Conservation Commission adopted a policy regarding non-voting consulting positions. In accordance with MGL Chapter 40, Section 8C, the Fairhaven Conservation Commission may appoint not more than three non-voting individuals to act as consultants to the Conservation Commission for terms not to exceed one year. These consulting positions shall be filled by residents of the Town of Fairhaven who have an interest in eventually serving as members of the Conservation Commission.

On July 29, 2019, the Fairhaven Conservation Commission adopted a policy regarding filings under the Fairhaven Wetlands Bylaw only. For projects that fall under the jurisdiction of the Fairhaven Wetlands Bylaw only and not under the Massachusetts Wetlands Protection Act, the state WPA forms shall be used but it shall be specified on the document that the filing is being submitted under the bylaw only and only the Bylaw fee as established in the fee schedule shall be collected.

On November 13, 2006, the Fairhaven Conservation Commission adopted a policy not to perform on-sites prior to the submission of a formal Request for Determination of Applicability or Notice of Intent.

On November 13, 2006, the Fairhaven Conservation Commission adopted a policy that all applications will be denied for lack of information after six (6) months with no new activity.

On August 21, 2006, the Fairhaven Conservation Commission adopted a policy that any applicant who fails to appear before the Commission on their scheduled date without notifying the Commission will be automatically continued to the next scheduled meeting. If the applicant fails to appear before the Commission on that rescheduled date, the applicant will be required to reapply.

On May 22, 2006, the Fairhaven Conservation Commission adopted a policy that the Planning Board's stormwater regulations will be used by the Fairhaven Conservation Commission under the town Bylaws.

Click here for a list of frequently used special conditions on projects.