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Commission asks National Grid to file RDA or provide legal basis for exemption
Summary
After reviewing a National Grid maintenance package, the commission signaled it prefers an RDA submission, asked staff to seek legal guidance on exemptions, and to inform Town Council and the utility of the commission’s position.
The commission reviewed a late National Grid package requesting that maintenance work be considered exempt from the Wetlands Protection Act review and asked whether the work could proceed without filing a Request for Determination of Applicability (RDA). Members expressed concern about setting local precedent for exemptions that could allow larger wetland impacts without formal review.
Staff and commissioners noted examples where utilities historically submitted RDAs; others reported that some utility maintenance can be exempt if conducted strictly within existing rights-of-way, with no tree clearing or substantial grading. The group coalesced around a preference that National Grid submit an RDA for the work or provide explicit legal citations for any claimed exemption. Commissioners also asked staff to seek a legal opinion and to share the conversation with Town Council.
The commission’s direction is advisory (staff will contact the utility and Town Council), not a formal order to the utility. Members emphasized that if National Grid proceeds without filing, local options would be limited and that the commission wanted to document its concerns in writing.
