What is the Wetlands Protection Act?

The Massachusetts Wetlands Protection Act (MGL Ch. 131, Sec. 40) prohibits any filling, excavation or alteration of the land surface, water levels or vegetation in wetlands, floodplains, riverfront areas or other wetland resource areas, regardless of ownership, without a permit from the local Conservation Commission.  Regulations for the Act are issued by the Massachusetts Department of Environmental Protection (DEP) (310 CMR 10.00).  DEP also issues policy statement and guidance documents for clarification of issues.

The eight interests of the Massachusetts Wetlands Protection Act which serve to preserve and protect Massachusetts wetland are: preventing pollution; reducing the effects of potential flooding; storm damage prevention; protecting groundwater supplies; protection of fisheries; protection of land containing shellfish; maintaining habitats for plants and wildlife; and protecting public and private water supplies.

The Act gives local communities the authority to determine which Resource Areas within its jurisdiction are protected, to regulate work in these areas, and to enforce the regulations.  The performance standards under the Act state that there may be no destruction or impairment of bordering vegetated wetlands (BVW) areas: alteration of up to 5,000 square feet may be permitted at the Commission’s discretion provided the area is properly regulated.

The Town of Rehoboth currently has a Wetland Bylaw which is solely a “fee based” bylaw.  It does not provide additional protection to wetland resource areas.  This bylaw can be found on the Conservation Commission’s page.

The Commission has also enacted a separate Policies document.  The policies serve to provide clarification to an applicant regarding the requirements of permit applications and plans.  This document is also available on the Conservation Commission’s page.