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Wetlands commission authorizes staff memo to transfer permits, discusses updating regulations

Inland Wetlands and Watercourses Commission · March 23, 2026
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Summary

Commissioners agreed to authorize the commission agent to issue transfer memos for approved wetlands permits after an attorney queried the validity of a long‑used nontransferability condition; members also discussed updating outdated subdivision and wetlands regulations.

During other business on March 5 the commission discussed whether longstanding permit conditions that made wetlands approvals non‑transferrable without commission permission remained valid. Staff reported an attorney's advice that such a nontransferability clause "was determined to be not valid probably 30 years ago" and asked whether the commission wanted the agent to be authorized to issue memos transferring permits to new buyers when appropriate.

Commissioner Brandon Heiden moved to grant the agent (Dan) permission to produce transfer memos for buyers as needed; the motion was seconded and approved unanimously. The commission recorded that staff will prepare memos to streamline property transactions where buyers require evidence of wetlands approval to proceed with a purchase.

Commissioners also noted the commission's regulations and related subdivision language have not been updated in decades and discussed budgeting to revise the rules; Dan said he may begin drafting regulatory updates when time allows and noted a budget request had been made previously to update subdivision regulations.

The commission's authorization does not itself change the underlying permitting standards; it delegates to the agent the administrative task of issuing transfer memos where appropriate, and commissioners instructed staff to follow up with written memos recorded in the project files.