Building near the water in Burlington, Massachusetts (wetlands rules)
Near wetlands, ponds and streams, Burlington's Wetlands Protection Bylaw requires a Conservation Commission permit for work in a resource area, within the 100-foot buffer zone, or within 200 feet of a regulated stream (perennial or intermittent). For new construction on a residential lot, the Commission presumes a 20-foot no-disturb zone and a 40-foot building setback from the resource area.
| Buffer zone | 100 feet from wetlands, banks, ponds and other resource areas [1] |
| Riverfront area | 200 feet from mapped streams, perennial or intermittent [2] |
| No-disturb distance (residential lot) | 20 feet [3] |
| Building setback (new construction on residential lot) | 40 feet (existing dwelling: 40 ft or no closer than the existing house) [3] |
| Tree cutting in buffer zone | Needs prior Conservation Department approval (except dead limbs/vista pruning) [5] |
| Permit needed | Conservation Commission (RDA or Notice of Intent + bylaw permit) [4] |
| Nonconforming single-family homes | Inspector of Buildings finding; Planning Board special permit if nonconformity increases [7] |
The wetlands bylaw text we have is the 2013 version (the regulations are current as of April 2024); later amendments, if any, are not reflected.
What's protected
Burlington is an inland town, so "shoreland" here means wetlands, ponds and streams. Under the town's Wetlands Protection Bylaw (General Bylaws Article XIV), no one may fill, dredge, build on or otherwise alter freshwater wetlands, vernal pools, banks, ponds, land under water, land subject to flooding, or land within 100 feet of these (the buffer zone) without Conservation Commission permission [1]. Streams on the "Regulatory Streams of Burlington" map also have a 200-foot riverfront area, whether they're perennial or intermittent [2]. That's stricter than the state Act, which protects riverfront only along perennial streams.
Setbacks and no-disturb zones
The Commission's Wetland Bylaw Regulations (amended March 2024) presume that work too close to a resource area will alter it. In the presumption table (columns: no-disturb distance, then building setback), for a residential lot with an existing house the no-disturb distance is 20 feet and the building setback is 40 feet or no closer than the existing house. For new construction it's 20 feet and 40 feet [3]. All new construction must meet these setbacks unless the presumption is overcome. Within the riverfront area you must show there's no practicable alternative and no significant adverse impact. Projects needing substantial excavation, such as a foundation or in-ground pool, aren't exempt.
Trees and vegetation
Mature trees in the buffer zone must be preserved as much as possible. Cutting trees, other than dead limbs or vista pruning, needs prior approval, and the Commission may require replacement planting at a 1:1 ratio [5].
How approval works
Any work within 100 feet of a resource area needs either a Request for Determination of Applicability or a Notice of Intent with the Bylaw Wetland Permit Application [4]. Notices of Intent require certified-mail notice to abutters and a public hearing, and the Commission must issue its decision within 21 days of closing the hearing. Zoning also has a Wetlands District overlay where only listed uses are allowed [6].
Expanding an older house
A nonconforming single-family home may be altered if the Inspector of Buildings finds the nonconformity isn't increased; otherwise the Planning Board may allow it by special permit [7]. Older lots that don't meet the wetland setbacks may have to widen the vegetated buffer when building.
Next steps
- Check whether your lot is within 100 feet of a wetland or pond, or 200 feet of a mapped stream (town wetlands and regulatory streams maps).
- Contact the Conservation Commission before any work, tree cutting or regrading in those areas.
- File a Request for Determination of Applicability for small or uncertain projects, or a Notice of Intent with the Bylaw Wetland Permit Application, plans and fees; notify abutters by certified mail.
- Design new building work to stay 40 feet from the resource area and leave the closest 20 feet undisturbed, then get the building permit.
Common questions
- How close to a wetland can I build in Burlington, Massachusetts?
- For new construction on a residential lot, the Conservation Commission presumes a 40-foot building setback from the resource area and a 20-foot no-disturb zone, unless that presumption is overcome.
- Do I need a permit to work near a wetland in Burlington, Massachusetts?
- Yes. The Wetlands Protection Bylaw requires Conservation Commission permission for work in a resource area, within the 100-foot buffer zone, or within 200 feet of a regulated stream, perennial or intermittent. You file a Request for Determination of Applicability or a Notice of Intent.
- Can I cut trees near a wetland in Burlington, Massachusetts?
- Only with prior approval. Mature trees in the buffer zone must be preserved as much as possible, cutting other than dead limbs or vista pruning needs prior approval, and the Commission may require 1:1 replacement planting.
- What is the riverfront area in Burlington, Massachusetts?
- Streams on the Regulatory Streams of Burlington map have a 200-foot riverfront area, whether perennial or intermittent, which is stricter than the state Act. Work there must show no practicable alternative and no significant adverse impact.
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.
What the bylaw says
- Art. XIV §1.2 Jurisdiction, General Bylaws Article XIV 1.0 Wetlands Protection Bylaw (adopted Art. 23 TM 5/20/2013; AG approved July 29, 2013), p. 1
Except as permitted by the Conservation Commission no person shall remove, fill, dredge, build upon, degrade, discharge into, or otherwise alter the following resource areas as defined in the Burlington Wetland Bylaw Regulations: any freshwater wetlands; marshes; wet meadows; bogs; swamps; vernal pools; springs; banks; reservoirs; lakes; ponds; beaches; lands under water bodies; lands subject to flooding by groundwater or surface water; or lands adjoining these resource areas out to a distance of 100 feet, known as the buffer zone.
- Art. XIV §1.2 Jurisdiction, General Bylaws Article XIV 1.0 Wetlands Protection Bylaw (adopted Art. 23 TM 5/20/2013; AG approved July 29, 2013), p. 1
Said 200-foot riverfront resource area shall apply to all streams shown on the map “Regulatory Streams of Burlington” to be adopted and incorporated in regulations, whether the stream is perennial or intermittent.
- §21.9(c) Buffer Zone Presumptions, Burlington Wetland Bylaw Regulations (adopted Jan 23, 2014; amended March 14, 2024, effective April 1, 2024), p. 32
Residential lot (existing dwelling) 20 ft. 40 ft. or no closer than existing dwelling New construction on residential lot 20 ft. 40 ft.
- §21.9(a) Buffer Zones, Preamble, Burlington Wetland Bylaw Regulations (adopted Jan 23, 2014; amended March 14, 2024, effective April 1, 2024), p. 31
Accordingly, these regulations require that any person intending to perform work within 100 feet of a resource area must submit to the Commission either a Request for Determination of Applicability or a Notice of Intent application with the Bylaw Wetland Permit Application.
- §21.9(d) General Performance Standards 3-4, Burlington Wetland Bylaw Regulations (adopted Jan 23, 2014; amended March 14, 2024, effective April 1, 2024), p. 33
3. Vegetation, particularly mature trees, shall be preserved to the maximum extent possible. Where trees within the buffer zone are cut, the Commission may require plantings of new trees as mitigation. 4. Cutting of trees in the buffer zone, other than removal of dead limbs or vista pruning, shall require the prior approval of the Conservation Department.
- §8.2.3 Interpretation and Application, Burlington Zoning Bylaws (as amended through January 2025, pending AG approval at posting), p. 92
Any use within the limits of the Wetland District shall be governed by this section and all other applicable provisions of this Bylaw. All uses not specifically permitted by Section 4.4.1 or 4.4.2 are prohibited.
- §6.1.3 Nonconforming Single and Two Family Residential Structures, Burlington Zoning Bylaws (as amended through January 2025, pending AG approval at posting), p. 66
Nonconforming single and two family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Inspector of Buildings under the criteria herein that such proposed reconstruction, extension, alteration, or change does not increase the nonconformity of said structure or premises.