[Massplanners] "All permits obtained" and applicability in MA model flood bylaw

Tom Devine tdevine at Salem.com
Mon Sep 18 11:56:31 EDT 2023


Hello Planners,

For communities with a flood ordinance or bylaw that requires the following from the State Floodplain Office's model bylaw, I am curious how you administer it. The city doesn't administer, enforce, or determine applicability of state and federal permits.

Assure that all necessary permits are obtained:
The town's permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district.  The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.

While I am at it, I'm also interested to know how you determine what activities are subject based on the highlighted parts of this other paragraph from the model:

The Town/City of _______ requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

Thank you in advance for your responses.

Best,
Tom

Tom Devine, AICP | Senior Planner
City of Salem Department of Planning & Community Development
98 Washington St., 2nd Floor | Salem, MA 01970
978-619-5682 | tdevine at salem.com<https://mail.salem.com/owa/redir.aspx?C=ff17803e708040dd947c435c604b284a&URL=mailto%3atdevine%40salem.com>

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