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Building near the water in Bourne, Massachusetts (wetlands rules)

Bourne, Barnstable County · Bylaws checked 2026-10-20 · Reviewed · 12 cited sections

Allowed with board review

Work in or within 100 feet of a wetland, coastal bank, beach or other resource area in Bourne needs Conservation Commission approval under the town's Wetland Protection Bylaw (Article 3.7). No house, accessory structure or driveway may be built within 50 feet of a resource area unless the Commission permits it. On an eroding coastal bank, the setback is 50 feet from the top of the bank.

Buffer zone (Conservation jurisdiction)Land within 100 ft of a wetland resource area [2]
No-build setbackNo dwelling, accessory structure or driveway within 50 ft of a resource area unless permitted [3]
Existing homesMeet 50 ft where practicable; no closer than the existing dwelling [4]
Eroding (sediment-source) coastal bank50 ft from top of bank [5]
Non-eroding (vertical-buffer) coastal bankAt least 10 ft from top of bank (may be waived) [6]
Steep slopesNo new dwelling or accessory structure on slopes of 25%+ within 100 ft of a resource area [7]
Tree removal in the bufferRequires mitigation; at least Administrative Approval [10]
Fines$300 per offense, per day [12]

Who regulates

Bourne has no "shoreland zoning" district. Building near the water, the Cape Cod Canal, ponds or wetlands is governed by the state Wetlands Protection Act and the town's stricter Wetland and Natural Resources Protection Bylaw (Article 3.7), both administered by the Conservation Commission. No one may remove, fill, dredge, alter or adversely affect any wetland resource area or adjoining land area except as permitted by the bylaw [1]. The Commission's Wetlands Regulations (BWR 1.00, revised March 3, 2026) set out the filing procedures.

Setbacks

  • The buffer zone is the land within 100 ft of a wetland resource area [2]. No habitable dwelling, accessory structure or driveway may be built closer than 50 ft to a resource area unless permitted under the bylaw [3].
  • On undeveloped lots the 50-ft setback is required. On lots with an existing house, you must meet it where practicable and come no closer than the existing dwelling [4]. On an eroding coastal bank, the setback is 50 ft from the top of the bank [5].
  • On a non-eroding coastal bank the setback is at least 10 ft from the top of the bank, and the Commission may waive it [6].
  • No new dwelling or accessory structure may be approved on a slope of 25% or more within 100 ft of a resource area [7].

In the flood zone (FIRM "A" zone), the bylaw applies only within 100 ft of another resource area. In velocity zones, the bylaw lists what the Commission may approve: dinghy docks, small seasonal piers, certain walkways, FEMA-compliant structures and other small projects it finds meet the bylaw's intent.

Clearing and landscaping

The Commission's Policy 25-1 says routine upkeep of existing lawns and gardens in the buffer zone usually needs no filing. Building fixed structures (deck, shed, gazebo) or clearing trees and brush from areas that aren't already landscaped will likely need review [8]. Any tree removed within a resource area or the 100-ft buffer requires mitigation [9]. Tree removal needs at least Administrative Approval, and removing more than two trees or cutting within 50 ft usually requires a Request for Determination of Applicability [10].

Septic and enforcement

The Board of Health separately requires septic leaching facilities to be at least 150 ft from wetlands and watercourses (never within 75 ft except for repairs or extreme hardship) [11]. Violating the wetland bylaw carries a $300 fine per offense, with each day a separate offense [12].

See how Bourne compares with 8+ other Massachusetts towns on building near the water (wetlands rules) →

Next steps

  1. Before any work within 100 feet of a wetland, coastal bank, beach or pond (or in a flood zone), contact the Conservation office at Town Hall (508-759-0600) to ask what filing you need.
  2. For minor work, file a Request for Determination of Applicability and notify abutters at least 5 business days before the meeting. For work that will alter a resource area or its buffer, file a Notice of Intent and attend the public hearing.
  3. Have an engineer or surveyor mark resource-area boundaries, the top of any coastal bank, and the 50-ft and 100-ft lines on your plan.
  4. If septic work is involved, check the Board of Health's 150-ft setback rule with the Health Department.

Common questions

Do I need Conservation Commission approval to build near the water in Bourne, Massachusetts?
Yes. Work in or within 100 feet of a wetland, coastal bank, beach or other resource area needs Conservation Commission approval under the town's Wetland Protection Bylaw and the state Wetlands Protection Act.
How close can I build to a wetland in Bourne, MA?
No house, accessory structure or driveway may be built within 50 feet of a resource area unless the Commission permits it. On lots with an existing house, you must meet 50 feet where practicable and come no closer than the existing dwelling.
What is the coastal bank setback in Bourne, Massachusetts?
50 feet from the top of an eroding coastal bank. On a non-eroding coastal bank, at least 10 feet from the top of the bank, which the Commission may waive.
Can I cut trees near a wetland in Bourne, Massachusetts?
Only with approval. Any tree removed within a resource area or the 100-foot buffer requires mitigation and at least Administrative Approval; removing more than two trees or cutting within 50 feet usually requires a Request for Determination of Applicability.

Massachusetts wetlands rules and the Conservation Commission

Massachusetts has no "shoreland zoning" like some states. Instead, the Wetlands Protection Act (M.G.L. c. 131, §40) and MassDEP's regulations (310 CMR 10.00) control work near water, and your local Conservation Commission enforces them.

What's protected:

  • Wetlands, banks, beaches, dunes, marshes, land under ponds and streams, and 100-year floodplains.
  • The riverfront area: 200 feet from a perennial river or stream, shrinking to 25 feet in certain dense urban areas.
  • The buffer zone: land within 100 feet of a wetland, bank, beach or similar resource area. Most work here needs Conservation Commission review.

How approval works:

  • Contact the Conservation Commission before starting any work in these areas. That includes additions, decks, sheds, driveways, regrading and clearing vegetation.
  • If you're unsure whether the law applies, file a Request for Determination of Applicability (RDA).
  • If the work will affect a resource area, file a Notice of Intent (NOI) with plans and a fee. A public hearing follows, and the commission issues an Order of Conditions approving (with conditions) or denying the project.
  • Applicants, abutters, groups of 10 residents or MassDEP can appeal to MassDEP.

Local bylaws can be stricter. Many towns have their own wetlands bylaw with larger buffers or no-build zones, and the Conservation Commission enforces those too.

State sources: M.G.L. c. 131, §40 (Wetlands Protection Act) · 310 CMR 10.00, Wetlands Protection Act Regulations · MassDEP, Protecting Wetlands in Massachusetts

What the bylaw says

Exact text from Bourne's published bylaws. Section numbers are as printed in the source.

  1. Article 3.7, §3.7.1 Intent, Purpose and Jurisdiction, Town of Bourne Bylaws (general bylaws, 'Current through May 4, 2026 Annual & Special Town Meeting'), p. 69
    No person shall remove, fill, dredge, alter or cause adverse effect to any Wetland Resource Areas or Adjoining Land Areas except as permitted by this bylaw.
  2. Article 3.7, §3.7.4 Definitions - Adjoining Land Areas, Town of Bourne Bylaws (general bylaws, 'Current through May 4, 2026 Annual & Special Town Meeting'), p. 71
    ‘Adjoining Land Areas’ shall mean the land within 100’ of any Wetland Resource Area, other than Land Subject to Coastal Storm Flowage (LSCSF) and the Riverfront Area. The area is hereafter referred to as the Buffer Zone.
  3. Article 3.7, §3.7.4 Definitions - Adjoining Land Areas, Town of Bourne Bylaws (general bylaws, 'Current through May 4, 2026 Annual & Special Town Meeting'), p. 71
    No habitable dwelling or accessories thereto or roadway/driveway shall be allowed within the buffer zone any closer than 50’ from the boundary of a Wetland Resource Area unless permitted under this bylaw.
  4. Article 3.7, §3.7.4(a)-(b), Town of Bourne Bylaws (general bylaws, 'Current through May 4, 2026 Annual & Special Town Meeting'), p. 71
    a. For undeveloped lots, the 50’ setback is required. For further alteration of lots that contain an existing dwelling, the applicant must attempt to meet the 50’ setback to the degree that is practicable with a minimum setback of being no closer than the existing dwelling.
  5. Article 3.7, §3.7.4(b), Town of Bourne Bylaws (general bylaws, 'Current through May 4, 2026 Annual & Special Town Meeting'), p. 71
    b. For eroding Coastal Banks that are significant to storm damage prevention or flood control because they supply sediment to coastal beaches or coastal dunes (aka “Sediment-Source Bank”), a 50’ setback landward from the top of bank is required.
  6. Article 3.7, §3.7.4(c), Town of Bourne Bylaws (general bylaws, 'Current through May 4, 2026 Annual & Special Town Meeting'), p. 71
    c. For non-eroding Coastal Banks that are significant to storm damage prevention or flood control only because they act as a vertical buffer to storm waters (aka “Vertical- Buffer Bank”), a minimum of 10’ setback landward from the top of bank is required.
  7. Article 3.7, §3.7.5(d), Town of Bourne Bylaws (general bylaws, 'Current through May 4, 2026 Annual & Special Town Meeting'), p. 74
    d. No new dwelling or accessory thereto shall be approved on a slope=>25% if this slope is located within 100 feet of a wetland resource area.
  8. Policy 25-1, §2 Projects Likely to Require a Permit, Conservation Commission Policy 25-1 Landscaping & Yard Work, p. 1
    - Constructing fixed structures (deck, shed, gazebo, etc.) - Clearing trees and/or brush from areas not presently landscaped
  9. Policy 25-1, §3 Tree Removal within Conservation Jurisdiction, Conservation Commission Policy 25-1 Landscaping & Yard Work, p. 2
    Any tree proposed to be removed within any Wetland Resource Area or within the 100’ buffer zone will require mitigation.
  10. Policy 25-1, §3 Tree Removal within Conservation Jurisdiction, Conservation Commission Policy 25-1 Landscaping & Yard Work, p. 2
    Tree removal within Conservation jurisdiction, including dead trees, will require, at minimum, Administrative Approval. A request to remove more than two trees or tree removal within the 50’ buffer or removal to improve viewshed will likely require a Request for Determination of Applicability.
  11. Board of Health Regulations - 150 Foot Setback Regulation notice, Board of Health Regulations (index page with legal notices and links to all local health regulations), p. 1
    Septic system leaching facilities must maintain a minimum 150-foot setback from wetlands and watercourses. No leaching facility may be placed within 75 feet of a wetland or watercourse, except in cases of repair or extreme hardship.
  12. Article 3.7, §3.7.6 Enforcement; Violations; Penalty, Town of Bourne Bylaws (general bylaws, 'Current through May 4, 2026 Annual & Special Town Meeting'), p. 74
    Any person violating this bylaw shall be punished by a fine of $300.00 for each offense. Each day or portion thereof during which a violation continues shall constitute a separate offense.
This page summarizes Bourne's posted bylaws as of 2026-10-20. Bylaws are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Building & Inspection Department (also the Zoning Enforcement Office; Building Commissioner/Chief Zoning Enforcement Officer), Bourne Town Hall Room 203, 24 Perry Avenue, Buzzards Bay MA 02532; complaints via the OpenGov portal; Conservation office 508-759-0600 ext. 1344; Health Department via https://www.bourne-ma.gov/1928/Health-Department (508-759-0600 ext. 1512) before you build. Spot an error?