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1. When is a building permit required?

The Massachusetts State Building Code Section 113.1 states that "it shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by this code" without first obtaining a building permit. This includes, but is not limited to:
- New structures
- Additions
- Antennae
- Chimneys
- Decks
- Dormers
- Roofing
- Sheds
- Siding
- Swimming pools
- Woodstoves

The only exception is an ordinary repair. An ordinary repair does not require a building permit. If you are not sure, call the Building Department at 978-777-2850

2. What is an ordinary repair?

Section 201 of the State Building Code defines ordinary repairs as "any maintenance, which does not affect structure, egress, fire protection systems, fire ratings, energy conservation provisions, plumbing, sanitary, gas, electrical, or other utilities. This has been interpreted to mean that rotted floorboards can be replaced on a deck, but the deck cannot be rebuilt without a permit. Also, damaged roof shingles can be repaired, but the entire roof cannot be re-shingled without a permit. If in doubt as to how much work can be done under ordinary repairs, contact the Inspectional Services Department before the start of work.

3. What requires a building permit?

Permits are required for including but not limited to the following:

- Gas stoves (Gas permit)

- Pellet and wood stoves

- Siding, roofing and windows

- Signage and tents

- Additions and renovations

- Change of use/Change of occupancy

- Finished Basements

- Demolition or moving of a structure

- Swimming pools

- Decks, Modular homes

- Sheds over 200 SF

- Solar Panels

- Insulation

4. Can I begin work once I submit my application?

No. Work can not proceed until the permit has been issued.

5. How long does it take to obtain a permit?

Depending on the complexity of your project, a building permit application can take up to 30 days to be approved. However, most applications will be issued within a week.

6. Where can I get a building permit application?

All permits are applied for using our online system at www.citizenserve.com

All questions regarding building code should be directed to the Building Commissioner. 

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1. When I obtain my permit, how long do I have to start the work?

Section 114.3 of the State Building Code states that "any permit issued shall be deemed abandoned and invalid unless the work authorized by it shall have been commenced within 6 months after its issuance; however, for cause, one or more extensions of time, for periods not exceeding 6 months each, may be granted in writing by the Building Commissioner or Inspector of Buildings." Extensions are normally granted without any trouble. However, if there have been changes to the Zoning By-Law or building code subsequent to the original issuance of the permit, any grandfather status may be lost if work has not begun (i.e., you will have to comply to the new requirements). Any requests for extension must be submitted in writing

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1. Do I need to take a course before I apply?

Yes, you must complete a course given by a State Police certified Instructor.

2. Where can I take one of these courses?

They are held at most Fish and Game clubs around the Commonwealth.

3. Do I need to supply photographs for a firearms license?

No, we take the photo which then is digitally enhanced on the permit.

4. Who can I call if I have additional questions about the Firearms Laws in this State?

Call or email your questions to Chief James DiGianvittorio or contact the Firearms Records Bureau in Chelsea Massachusetts.

5. Does the Middleton Police Department take fingerprints for Firearms permits, job applications, and other type of Licenses?

Yes, prints for firearms permits are included in the permit fee. Any resident needing prints for work related issues are free, out of town residents prints can be taken for a $25 fee.

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1. Can I do the construction myself or do I have to be licensed?

Section 109.1.1 of the State Building Code states that no structural work shall be done without a construction supervisor's license. A homeowner can do work on his/her own home without a license provided that if the homeowner engages a person for hire to do such work that the homeowner shall act as supervisor.

2. What is a homeowner?

For the purpose of determining when a license is required, a homeowner is defined as a "person(s) who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to be, a dwelling of 6 or less units, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a 2-year period shall not be considered a homeowner."

3. Can I do my own electrical and plumbing/gas work?

No. State law requires anyone performing electrical, plumbing or gas work to be licensed.

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1. Is a plot plan required?

If the work involves a new structure or an addition to an existing structure, a plot plan is required.

2. I have a mortgage plan that was given to me by the bank when I purchased my home. Can this be used?

The purpose of a plot plan is for determination of compliance with dimensional controls of the Zoning By-Law. A mortgage plan is only a rough approximation of where the house is located, and was prepared only for mortgage purposes. Due to the inaccuracy of these plans, they cannot be used.

3. Can I prepare my own plot plan, if I am certain where my property line is?

No. Plot plans can only be prepared by a Registered Land Surveyor, and must bear his/her stamp.

4. If I don't have a plot plan, where can I get one?

Mortgage plans can sometimes be obtained from the bank. Also, Inspectional Services has plans on file for many properties in town. If available, these may be acceptable. Otherwise, you must contact a Registered Land Surveyor to prepare a plan for you.

5. How does Inspectional Services know if the structure was placed in the location proposed?

For all new houses and for additions and in ground swimming pool, which have required setbacks a certified “as-built” plot, plan must be submitted to Inspectional Services after completion of the foundation or pool installation. Framing or final inspection for pools cannot proceed until the plot plan has been submitted.

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1. When I start construction, is the work inspected?

Yes. It is the responsibility of the permit holder to call Inspectional Services to arrange for the required inspections. Required inspections are indicated on the inspection record card, which you receive when your permit is approved.

2. Where should this card be kept?

The card must be posted in a location visible from the street and accessible to the inspector. Generally, the best location is inside a front storm door.

3. Do I need to provide anything else to the inspector?

Yes. If you submitted plans along with your permit application, a copy of these plans, bearing an "approved" stamp was returned to you with the approved building card. This copy must be available for the inspector to review for determination that the work is in compliance with the approved plans.

4. How much notice does the inspector need when I am ready for an inspection?

Section 111.2 of the State Building Code states that the contractor must give the inspector 24 hours notice prior to the time when the inspection needs to be performed. It further states, "the Building Inspector shall make the inspection within 48 hours after such notification.” Please don’t leave a message on the answering service for an inspection. You or your contractor needs to speak to an inspector or administrative assistant.

5. Can I call for plumbing and electrical inspections?

No. These calls must be made by the licensed plumber or electrician. The amount of notice required is stated in their respective codes

6. Does someone have to be home during the inspection?

If access to the new work requires the inspector to walk through your existing, furnished house, someone must be present to let the inspector in. The inspector will not enter an unoccupied furnished house. We also will not enter a house in which only a child is home, unaccompanied by an adult. In these cases, please make arrangements with the inspector for a time to meet. We will try to accommodate your schedule as much as possible. However, the large number of inspections, and the unpredictability of the length of time each inspection may take, makes precise appointments difficult.

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1. What should I do if I'm the victim of internet fraud?

If you are the victim of an internet based fraud (versus a fraud that physically takes place in Middleton), you can report it to the FBI's Internet Crime Complaint Center (IC3) at https://www.ic3.gov/Home/FileComplaint.

2. When should I call 911?

You should call 911 when you need to report an emergency, fire or need an ambulance.

3. How do I become a Police officer in the Town of Middleton?

We advertise for open positions in local newspapers and post it on our website and on local cable.

4. Do I need to be a resident to become a Police officer in Middleton?

No, however, we require prior attendance to the Massachusetts Criminal Justice Training Council Reserve Police Academy prior to applying.

5. Is Middleton a Civil Service Community?

No, we are not Civil Service.

6. Do you have the phone number to the Animal Control Officer?

View contact information for the Animal Control Officer

7. Do you have the phone number to the Essex County House of Correction?

Yes, it is 978-750-1900.

8. Where can I get Information about Domestic Abuse?

Contact Sergeant Ronald Carpenter at 978-774-4424, or go to the HAWC Website, Help for Abuse Woman Center.

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1. Why do you wait to plow snow off the streets?

After applying road de-icing chemicals, we wait for the chemicals to react with the snow to create "brine." This reaction time depends on an number of variables (i.e. traffic flow, temperature, etc.). The "brine" keeps the snow from sticking to the street and helps in the snow removal operations. It is for this reason that we request residents with plows not "help" us by plowing a street that has not been plowed, as the chemicals may not have had time to react and by doing so you may hinder the snow removal operations.

2. Who begins the snow removal operations?

During normal Public Works Department business hours, 7 a.m. to 3:30 p.m., the Superintendent of Public Works, or his designee, decides when conditions warrant the commencement of snow removal operations. After normal Public Works Department business hours, the Middleton Police Department decide when the streets become safe.

3. Who determines school closure?

The Superintendent of Schools confers with the Public Works Department on the road conditions of the bus routes. The cancellation of school is the decided by the Superintendent of Schools. Local news channels and the Public Access Channel 22, both carry school cancellation.

4. Why does my street always seem like it's the last one plowed?

Traffic volume is the determining factor in snow removal operations. You may feel that your street is the last to be cleared of snow, but out main objective is to make all drivers safe during snowstorms. Please be patient. All of the streets will be cleared of snow in order of traffic volume.

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1. Can a restaurant or a bar have smoking on an outdoor patio or deck?

Smoking is allowed in an outdoor space if the outdoor space is:
- Physically separated from the enclosed work space
- Open to the air at all times
- Smoke does not migrate back into the work space (e.g. through a door or window). Any smoke that migrates back into the work space is considered a violation of the law.

Some municipalities may have local laws that are stricter then the state law. For more information, contact your local Board of Health or
Health Department.

2. What if the outdoor space has a ceiling?

If the outdoor space has a ceiling (including substantial covering by an umbrella or an awning), no more then half of the walls (vertical boundaries) can obstruct the flow of air into the space. If this criteria is met, smoking is permitted as long as smoke does not migrate back into the work space.

3. What if the outdoor space has walls and no ceiling?

If the outdoor space does not have a ceiling, but it has 2 or more walls, then no more then 2 of the walls can exceed 8 feet in height.

4. Are there any additional conditions I need to meet before constructing or renovating an outdoor space for smoking?

If the construction requires the permission of the local building department or license authority, the local Board of Health must be notified in writing. Establishments should follow all local building, zoning, and liquor laws.

5. Is this the only law regarding smoking?

The Massachusetts Smoke-Free Workplace Law does not prevent cities an d towns from passing stricter laws. The majority of cities and towns also have regulations, by-laws, or ordinances on secondhand smoke. The state law permits cities and towns to pass stricter laws than the state law. If there is a difference between the state law and a local law, the stronger law prevails. For example, some cities and town have
banned smoking in all private clubs while the state law is not as strict.

6. When is a membership association considered open to the public and required to be smoke-free?

Smoking shall be prohibited in an enclosed indoor space of a membership association when:
- The association is located in a municipal-owned building
- The public is invited (e.g. advertisements, signs, invitations) to attend an event (e.g. bingo in a church or private club)
- The enclosed indoor space is occupied by a non-member that is not a guest
- The enclosed indoor space is rented to the public for a fee, tickets are sold, or for any other form of compensation (e.g. a wedding and hires a bartender, wait staff, and/or a disc jockey)
- If a temporary, contract employee, or independent contractor is hired to perform an employed service in the enclosed indoor space (e.g. bartender, caterer, disc jockey)

7. When may smoking be permitted at private clubs or membership associations?

Smoking may be permitted if the club’s enclosed space is occupied solely by:
- Individuals with a full membership to the association
- Salaried employees of the association
- Invited guests
- Visiting members of an affiliate chapter or branch of a fraternal lodge organization

For additional information please refer to the fact sheet Membership Association Exemptions.

8. Can full members of the membership association smoke while the facility is open to the public?

Only if the membership association provides a designated enclosed indoor space that is separate from the area open to the public and “the space is restricted by the association to admit only full members, the invited guest of a member, and the employees of the membership association.” The association must ensure that members of the public do not enter the enclosed space where smoking is permitted.

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1. What is stormwater runoff?

Stormwater runoff occurs when rain or snowmelt flows over the ground. Impervious surfaces like driveways, sidewalks and streets prevent stormwater from soaking into the ground.

2. Why is stormwater runoff a problem?

As stormwater flows over driveways, lawns, streets and sidewalks it picks up debris, chemicals, dirt and other pollutants. Stormwater can flow into a storm sewer system or directly into a lake, stream, river or wetland. Anything that enters a storm sewer system is discharged untreated into the waterbodies we use for swimming, fishing, and providing drinking water. Polluted runoff is the nation’s greatest threat to clean water.

3. What can I do to prevent stormwater pollution?

By practicing healthy household habits, homeowners can keep common pollutants like pesticides, pet waste, grass clippings, and automotive fluids off the ground and out of stormwater. Adopt these healthy household habits and help protect our lakes, streams, rivers and wetlands. Remember to share these habits with your neighbors!

4. What are the effects of stormwater pollution?

- Sediment can cloud the water and make it difficult or impossible for aquatic plants to grow. Sediment can also destroy aquatic habitats.
- Excess nutrients can cause algae blooms. When algae die, they sink to the bottom and decompose in a process that removes oxygen from the water. Fish and other aquatic organisms cannot exist in water with low levels of dissolved oxygen.
- Bacteria and other pathogens can wash into swimming areas and create health hazards, often causing beach closures.
- Debris – plastic bags, 6-pack rinks, bottles and cigarette butts – washed into waterways can choke, suffocate or disable aquatic life such as ducks, fish, turtles and birds.
- Household hazardous waste like insecticides, pesticides, paint, solvents, used motor oil, and other auto fluids can poison aquatic life. Land animals and people can become sick and die from eating diseased fish and shellfish or ingesting polluted water.
- Polluted stormwater often affects drinking water sources. This, in turn, can affect human health and increase drinking water treatment costs.

5. What can I do if I notice inappropriate dumping into or foul odors emanating from storm drains?

Call the Department of Health at 978-777-1869.

6. Why does Middleton have a Stormwater Management Bylaw?

The National Pollutant Discharge Elimination System Phase II program for the Clean Water Act mandated that all urbanized areas create a regulatory mechanism to control non-point source discharges into the nation’s waterways. Middleton passed its Stormwater Management Bylaw at the 2014 Annual Town Meeting to protect the environment through the control of stormwater discharges.

7. What kind of permits are necessary for construction?

Middleton requires 1 of 2 types of permits:
- The Stormwater Permit (SMP), is for construction projects that disturb more than 20,000 square feet
- The Simple Stormwater Permit (SSMP), is for projects smaller than 20,000 square feet but larger than 600 square feet

8. Are any construction projects exempt from the Stormwater Bylaw?

For the full list of exemptions please refer to section 204-2.4 of the Stormwater Bylaw (click on link at top of page); however, a few of the exempted projects are:
- Maintenance of existing landscaping, gardens, driveways, roofs, or lawn areas.
- Repair or upgrade of septic systems when required by the Board of Health.
- Any construction project with an approved Stormwater Management Plan as part of a project under the jurisdiction of the Conservation Commission, Zoning Board of Appeals, and/or Planning Board.

9. How do I apply for a Stormwater Management Permit?

Applications are available at the DPW Building located at
195 N Main Street
Middleton, MA 01949

Any questions may be directed to the DPW Superintendent Bob LaBossierre at 978-777-0407.

You can also download them online at the stormwater permitting page.

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1. Do I need a permit for a swimming pool?

Yes. The State Building Code 780 CMR 120.M defines a swimming pool as any pool with an area greater than 250-square-foot. and a depth greater than 2-foot. If your pool does not meet both of these criteria, then it is not considered a swimming pool and does not need a building permit.

2. Are there setback requirements?

Yes. A swimming pool must be set back a minimum of 20 feet to the water line.

3. Is a fence required?

Yes. A fence at least 4 feet high, and gates must be self-closing and self-latching.

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1. What is the quorum for a Town Meeting?

The minimum number of voters who may conduct business at a Middleton Town Meeting is 100.
Any member of the public may attend a Town Meeting.

2. Who may speak?

All of a town's registered voters may speak at Town Meeting, when recognized by the Moderator.

3. Who may vote?

All the town’s voters may vote.

4. Is the warrant the agenda?

Yes, the warrant generally states the things to be voted on, however the Town Meeting votes on the motion made for each article. In Middleton's tradition, the motion and article are usually the same, but the motion often provides more detail than the article.

5. How do I know which article the Town Meeting is considering?

The moderator summarizes each article or reads it entirely before starting debate.

6. How is the budget considered?

The selectmen must print and distribute information regarding appropriations at or before the annual Town Meeting.
The moderator reads a budget item; calls for a recommendation from the finance committee on that item; calls for debate on that item; and calls for a vote on that item. Then the moderator does the same with the next budget item.

7. When is the Town Meeting ended?

The Town Meeting cannot be dissolved, or ended, until all articles on the warrant have been acted upon by the Meeting. If more than one session of the Meeting is required to complete actions on the warrant, the Meeting may be adjourned to a specified date and time.