Wetlands Protection Act

This overview supplements or complements the state's Protecting Wetlands in Massachusetts

There is both the Wetlands Protection Act (WPA) and regulations (310 CMR 10.00) which complement MGL c. 131, § 40, with the full force of law.

• The Wetlands Protection Act (MGL c. 131, § 40)
• 310 CMR 10.00: The Wetlands Protection Act Regulations
  

Establishment of Conservation Commissions

The first powers given to the Commission (Conservation Commission Act of 1957 - Massachusetts General Law (MGL) Chapter 40 section 8C) focused on "promotion and development of natural resources… and protection of watershed resources". In 1972 Conservation Commissions were authorized to administer the State Wetlands Protection Act (MGL Chapter 131 section 40), the first act of its kind in the nation. Local Conservation Commissions are charged with administering (the state statutes and any local) Wetland Protection Bylaw. Approximately 40% of the 300+ communities in the Commonwealth have enacted some form of local wetland protection bylaw.

Minor Exclusions

There are some really important exclusions relevant to disc golf course design when it comes to projects in areas that may be subject to wetlands preservation or wetland resource areas.

Here's an excerpt from 310 CMR 10.2(2) (emphasis added)

2. The following minor activities, provided that they comply with 310 CMR
10.02(2)(b)1., are not otherwise subject to regulation under M.G.L. c. 131, § 40:
a. Unpaved pedestrian walkways less than 30 inches wide for private use and less
than three feet wide for public access on conservation property;
b. Fencing, provided it will not constitute a barrier to wildlife movement;
stonewalls; stacks of cordwood;
c. Vista pruning, provided the activity is located more than 50 feet from the mean
annual high water line within a Riverfront Area or from Bordering Vegetated
Wetland, whichever is farther. (Pruning of landscaped areas is not subject to
jurisdiction under 310 CMR 10.00.);
d. Plantings of native species of trees, shrubs, or groundcover, but excluding turf
lawns;

Source: https://www.mass.gov/doc/310-cmr-10-wetlands-protection/download

Permit Application Forms

When a property owner or project applicant wants to perform work in areas in or adjacent to Wetland Resource Areas (WRA), a permit is often required from the Conservation Commission (ConCom) to ensure that the WRA is properly protected from project impacts, or that mitigation of those impacts are properly implemented. The ConCom has jurisdiction in areas primarily defined in the Wetlands Protection Act (Massachusetts General Law Chapter 131 Section 40) and further defined in the enforcing regulations (310 CMR 10.00 (PDF)) and the Local Wetland Bylaws (PDF). Towns generally rely upon the Massachusetts Department of Environmental Protection (DEP) for relevant Permit Applications Forms.

Related

From the town of Essex, MA

What is the Wetlands Protection Act?

The Massachusetts Wetlands Protection Act (MGL c 131 § 40 "the Act") prohibits any filling, excavation, or other alteration of the land surface, water levels, or vegetation in wetlands, floodplains, riverfront areas or other wetland resource areas and regulates work within areas adjacent to wetland resources areas. This law originated in 1972 when two earlier statutes were combined. Regulations for the Act (310 CMR 10.00) are issued by the Department of Environmental Protection.

Do I need to file with the Conservation Commission?

If you are planning ANY WORK which will alter, fill, dredge, or remove, within:

• 100 ft. of a wetland, swamp, lake, pond, bog, salt marsh, beach, wet meadow, dune or flat;
• 200 ft. of the banks of any stream, river, brook or estuary;
• 100 ft. of any seawall;
• any floodplain, flood zone, or land below elevation 11 ft. above Mean Sea Level; OR
• a barrier beach or coastal beach; you may be required to file a Notice of Intent (NOI). Even minor projects in the areas listed above may require the filing of a Request for Determination of Applicability. If you need assistance determining if your project falls within any of the above areas, please contact a professional. A list of firms is available on the Commission's website. You may also file a Request for Determination of Applicability for a review by the Conservation Commission.

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