Research

Scope and Content Note

This series consists of case files from individuals submitting written appeals to the Freshwater Wetlands Appeals Board. Case files consist of affidavits, notices of appeals, appeals, briefs, answers to notices of appeals, notices of appearance, applications for reply, transcripts of hearings, stipulations, decisions, orders, maps, slides, positive photographs, and stays of decisions.

Of the documents typically found in a file, the notices of appeals, briefs, and the board's decisions provide the most information. The notices of appeal (filed by the appellant), describe the nature and the size of the wetlands involved in the appeal; the reason why the appeal is being filed; and the portion of the decision, order, or determination to which the appellant objects. The briefs (also filed by the appellant) summarize the facts concerning the appeal; set forth the argument as to why the designation should be overturned; and state the precise relief the appellant seeks. Many of the briefs also contain an appendix which usually consists of copies of specific statutes, ordinances, rules and regulations, and cases upon which the appeal relies. The board's decision sets forth its reasons why the original wetlands designation was upheld or overturned.