WPA Regulations

Wetlands are incredibly productive ecosystems that are made up of land that is either permanently or seasonally covered in water. They are home to a wide array of plants, insects, amphibians, reptiles, birds, fish, and mammals, including one-third of the threatened or endangered species in the country. Wetlands act like sponges and absorb excess water that would otherwise cause flooding or erosion. The water and surrounding plants both work to filter pollutants as well. The Massachusetts Wetlands Protection Act (WPA) identifies eight public interests that wetlands serve: protection of public and private drinking water supplies, pollution prevention, groundwater supply, flood control, storm damage prevention, protection of fisheries, wildlife habitat, and protection of land containing shellfish (coastal wetlands). For more information on the importance of wetlands, visit the Conservation Commission's FAQ page.

Background of the Wetlands Protection Act

The Massachusetts Wetland Protection Act was adopted by the Massachusetts Legislature in the early 1960s out of concern for the degradation and loss of wetlands. The Massachusetts Department of Environmental Protection Wetlands Program ensures the protection of Massachusetts' inland and coastal wetlands, tidelands, great ponds, rivers and floodplains. It regulates activities in coastal and wetlands areas, and contributes to the protection of ground and surface water quality, the prevention of flooding and storm damage and the protection of wildlife and aquatic habitat.

Applicability

If your project includes grading, landscaping and/or construction work within the 100' wetland buffer zone (or 200' river protection buffer) you will need a permit.

The following activities are judged to "alter" a resource area and must be brought to the Commission before work can commence:

Removal, excavation or dredging of soil, sand, gravel or aggregate materials of any kind.
Changing of preexisting drainage characteristics, flushing characteristics, salinity, sedimentation patterns, flow patterns or flood retention characteristics.
Drainage or other disturbance of water level or water table.
Dumping, discharging or filling with any material which may degrade water quality.
Placing of fill or removal of material which would alter elevation.
Driving of piles, erection or repair of buildings or structures of any kind.
Placing of obstructions or objects in water.
Destruction of plant life, including cutting or trimming of trees.
Changing temperature, biochemical oxygen demand or other physical or chemical characteristics of any waters.
Any activities, changes or work which may cause or tend to contribute to pollution of any body of water or groundwater.
Incremental activities which have, or may have, a cumulative adverse impact on the resources protected by this bylaw.

*The term "alter" shall include, without limitation, the following activities when undertaken to, upon, within or affecting resource areas protected by this bylaw.