Wetlands and Waterways
We take a solutions-oriented approach to complex projects near wetland resources, including commercial and residential developments, marinas, piers and docks, and renewable energy facilities. Working with outstanding consultants, we execute permitting and adjudicatory strategies to address ecological concerns and secure results. We have deep experience before Conservation Commissions, MassDEP, the Army Corps, in adjudicatory hearings, and have successfully defended many wetland permits in Superior Court.
- Prevailed in a hotly contested MassDEP wetlands adjudicatory hearing in which the municipality and a ten resident group challenged our regional homebuilder’s stormwater management system servicing a 50-lot high-end residential development.
- Obtained a local Order of Conditions, a Water Quality Certification from MassDEP and a 404 Permit from the Army Corps for a stream relocation to facilitate the revitalization of a regional retail shopping center and for a state-of-the-art stormwater management system, new riverfront habitat and protection of the endangered Northern Long-Eared Bat.
- Negotiated Administrative Consent Orders with MassDEP resolving restoration of and mitigation for wetland damage caused by failed erosion controls for a national homebuilder, and for a regional condominium developer.
- On behalf of a national developer constructing an assisted living and memory care facility, negotiated an Administrative Consent Order with MassDEP to restore and mitigate wetland damage and approval of a plan to remediate soil and groundwater contamination caused by a prior owner.
- Defended an Order of Conditions issued by a Conservation Commission under a local Wetlands Bylaw that was disputed and appealed by a neighbor, but ultimately upheld by the Superior Court and the Massachusetts Appeals Court.
- Obtained local, state and federal permits for a 69-acre residential compound at Polpis Harbor on Nantucket, including construction of the main house, underground utilities, and a land conservation and management plan.
- Obtained Orders of Conditions for innovative erosion control measures (coir envelopes, serpentine sand fences, and plantings) to stop the rapid loss of a coastal bank that threatened to topple five multi-million dollar homes into Massachusetts Bay.
- Obtained local, state, and federal permits to construct piers and docks for landowners on the North and South shores, Cape Cod and the Westport River.
- Secured local permits for a regional distribution center and warehouse fora national retailer.
- Obtained local, state, and federal permits to expand a private yacht club’s piers and slips that included dredging in an Outstanding Receiving Water.
- Obtained local and state permits that included a comprehensive management plan to protect spotted salamanders as mitigation for replacing an AM radio antenna array on parcel with isolated and bordering vegetated wetlands containing vernal pools.