What is the Massachusetts wetlands Protection Act?
The Wetlands Protection Act (Massachusetts General Laws (MGL) Chapter 131, Section 40) protects wetlands and the public interests they serve, including flood control, prevention of pollution and storm damage, and protection of public and private water supplies, groundwater supply, fisheries, land containing shellfish.
What can you do with wetlands on your property in Massachusetts?
The wetland regulations prohibit most destruction of wetlands and naturally vegetated riverfront areas, and require replacement of flood storage loss when floodplains are filled. What activities are allowed? Most activities, such as construction, landscaping, and grading, require a permit.
How far away from wetlands can you build in Massachusetts?
100 feet
You may be able to build within 100 feet of wetlands and within 200 feet of a perennial stream if you obtain the proper permits and approvals from the Conservation Commission and all work complies with state and local wetland laws.
Can you change wetlands?
Excavations within wetlands are an alteration, but not necessarily an improvement. Excavations may be permitable if the functional value of the altered wetland is higher than the pre-existing condition. Replacing a grassy wetland with open water alters the functions, but isn’t always better for the environment.
Can you build on wetlands in Massachusetts?
Massachusetts has one of the most restrictive wetlands and environmental codes in the U.S. Simply put you cannot do anything — not clear, cut, fill, dump (not even leaves, grass clippings or dirt), alter, grade, landscape or build upon — any wetland resource area without a permit from your local town Conservation …
Can you fill in wetlands in Massachusetts?
How can you tell if a land is wetland?
What is a wetland delineation? A professional (usually an environmental consultant) will look at the topography, soils and vegetation by taking soil samples and evaluating the plant species. From this information, a determination will be made as to whether any wetlands are present.
How close to wetlands can you build?
Buffer zones, the land within 100 feet of wetlands, are critical in maintaining health and productivity of wetlands. Laws also regulate work within 200 feet of a stream.
Can you build on top of wetlands?
You can build on wetlands as long as they’re not jurisdictional, but that doesn’t mean you won’t be fighting an uphill battle. When wetlands are filled, the water that makes them wet has to go somewhere. If you’re building on these lands, you have to consider that your home or business may be damaged by this water.
What is the Massachusetts Wetland Protection Act?
Wetlands Protection Act FAQ’s. The Massachusetts Wetlands Protection Act ( WPA ), General Law Ch. 131 Sec. 40, prohibits any filling, excavation or other alterations of land surface, water levels, or vegetation in wetland resource areas, regardless of ownership, without a permit from the local Conservation Commission.
What are the regulations for wetlands?
The term wetland is defined in the federal regulations as those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
What are the laws of wetlands?
The Wetlands Protection Program. The law protects not only wetlands, but other resource areas, such as land subject to flooding (100-year floodplains), the riverfront area (added by the Rivers Protection Act), and land under water bodies, waterways, salt ponds, fish runs, and the ocean.
Are wetlands protected?
Wetlands Protection and Restoration. America’s Wetlands Wetlands are areas where water covers soil all or part of the time. Wetlands are important because they protect and improve water quality, provide fish and wildlife habitats, store floodwaters and maintain surface water flow during dry periods.
