Building near the water in Cohasset, Massachusetts (wetlands rules)
Any building, filling, clearing or other alteration within 100 feet of a wetland, bank, pond, stream, estuary or tidal flood area in Cohasset needs a Conservation Commission permit under the town wetlands bylaw. The Commission's rules allow no alterations at all in the inner 50 feet unless it grants a variance.
| Conservation Commission jurisdiction | Within 100 feet of wetlands, banks, water bodies and land subject to tidal flooding [1] |
| Inner Buffer Zone | First 50 feet: no alterations without a Commission variance [4] |
| Vegetation in Inner Buffer Zone | No removal of live vegetation without Commission or Agent approval [5] |
| Vista pruning | Keep 90% of canopy; remove no more than 20% of vegetation in the view corridor [7] |
| Riverfront area | 200 feet from a perennial river [8] |
| Permit term | 3 years, renewable once for up to 3 more [9] |
| Fine | $300 per violation; each day is a separate offense [10] |
The 50-foot buffer rules below come from the Conservation Commission's Wetland Rules and Regulations effective June 21, 2001, which may have changed since; our copy of the bylaw shows amendments through 2018.
Where the rules apply
Cohasset's Wetlands Protection Bylaw (General Bylaws Ch. 260) bars anyone from removing, filling, dredging, building on or altering land within 100 feet of any freshwater wetland, marsh, bank, lake, river, pond, stream or estuary without Conservation Commission approval [1]. The same applies within 100 feet of land subject to flooding or tidal action [2]. The riverfront area extends 200 feet from a perennial river [8]. "Alter" is defined broadly. It includes building or repairing structures of any kind, driving piles and cutting trees.
The 50-foot no-alteration zone
The Commission's Wetland Rules and Regulations split the 100-foot buffer into a 50-foot Inner Buffer Zone and a 50-foot Outer Buffer Zone. No alterations are allowed in the Inner Buffer Zone except to reach a permitted crossing over a resource area, unless the Commission grants a variance [4]. A waiver or variance requires a clear showing of no adverse impact. In practice, keep new additions, decks, sheds and patios more than 50 feet from the resource area.
Trees, lawns and views
You can't remove live vegetation in the inner 50 feet without approval from the Commission or its Agent [5]. Vista pruning must keep 90% of the canopy and may remove no more than 20% of the vegetation in the view corridor [7]. Clear-cutting and property-line-to-property-line vista cutting are prohibited [6]. The Commission can also restrict new or expanded lawns.
Seawalls and coastal structures
New bulkheads, seawalls, riprap and similar structures generally aren't permitted in resource areas, except in limited cases such as repairing existing ones [11].
Permits
File a written application with the Commission. No work may start until you have a permit and follow it [3]. A public hearing is held, and permits last three years [9]. Violations can bring a $300 penalty, and each day a violation continues counts as a separate offense [10].
The zoning bylaw (including rules on expanding nonconforming structures and any floodplain district) wasn't available to us.
Next steps
- Call the Cohasset Conservation Commission (Town Hall, 41 Highland Ave., 781-383-4100) before planning any work within 100 feet of a wetland, bank, water body or tidal area.
- If you're unsure whether your project is in jurisdiction, file a Request for Determination of Applicability; otherwise file a Notice of Intent with plans, fee and abutter notice.
- Have a surveyor or engineer show resource-area boundaries and the 50-foot and 100-foot buffer lines on your site plan, and flag the work area and any trees to be removed.
- Separately check zoning setbacks and nonconforming-structure rules with the Building & Inspections Department.
Common questions
- Do I need a permit to build near a wetland or pond in Cohasset, Massachusetts?
- Yes. Any building, filling, clearing or other alteration within 100 feet of a wetland, bank, pond, stream, estuary or tidal flood area needs a Conservation Commission permit under the town wetlands bylaw.
- Can I build within 50 feet of a wetland in Cohasset, Massachusetts?
- No, not unless the Commission grants a variance. Its rules allow no alterations in the inner 50 feet, and no removal of live vegetation without Commission or Agent approval.
- Can I prune trees for a view near water in Cohasset, Massachusetts?
- Vista pruning must keep 90% of the canopy and may remove no more than 20% of the vegetation in the view corridor. Clear-cutting is prohibited.
- What is the fine for violating the wetlands bylaw in Cohasset, Massachusetts?
- $300 per violation, and each day a violation continues counts as a separate offense.
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
- §260-2.A(1)-(2) Regulated activities, General Bylaws Chapter 260: Wetlands Protection, p. 1
A. Except as permitted by the Cohasset Conservation Commission or as provided in this chapter, no person shall remove, fill, dredge, build upon, or alter the following resource area: (1) Within 100 feet of any freshwater wetland, marsh, wet meadow, bog or swamp; (2) Within 100 feet of any bank, lake, river, pond, stream or estuary;
- §260-2.A(4), General Bylaws Chapter 260: Wetlands Protection, p. 1
(4) Within 100 feet of any land subject to flooding or inundation by groundwater, surface water or tidal action;
- §260-4.A, General Bylaws Chapter 260: Wetlands Protection, p. 2
A. Written application shall be filed with the Conservation Commission to perform regulated activities as deemed in §260-2. The application shall include such information and plans as are deemed necessary by the Commission to describe proposed activities and their effects on the environment. No activities shall commence without receiving and complying with a permit issued pursuant to this chapter.
- Wetland Regs. Section 27.A(1) Inner Buffer Zones, Cohasset Wetland Rules and Regulations (Conservation Commission), p. 35
There will be no alterations in the 50° Inner Buffer Zone except as necessary to access a crossing over a Resource Area if such crossing is permitted pursuant to Section 32(B) and unless a variance Is issued by the Conservation Commission.
- Wetland Regs. Section 27.B(4) Vista Pruning, Cohasset Wetland Rules and Regulations (Conservation Commission), p. 36
Removal of live vegetation in the Fifty Foot (50') Inner Buffer Zone is not allowed unless approved by the Conservation Commission or its Agent.
- Wetland Regs. Section 27.B(5)(a), Cohasset Wetland Rules and Regulations (Conservation Commission), p. 36
Complete clear-cutting of all natural vegetation in a Resource Area, Inner Buffer Zone or Outer Buffer Zone, and “property line to property line" vista cutting is prohibited.
- Wetland Regs. Section 27.B(4) Vista Pruning, Cohasset Wetland Rules and Regulations (Conservation Commission), p. 36
Per DEP regulations, Ninety Percent (90%) of the existing canopy must be maintained. No more than Twenty Percent (20%) of vegetation in the view corridor can be removed.
- §260-8 Definitions, Riverfront Area, General Bylaws Chapter 260: Wetlands Protection, p. 5
RIVERFRONT AREA — That area of land within 200 feet of a perennial river, with the two-hundred-foot riverfront zone being measured from the annual mean high-water line of the subject perennial river.
- §260-6.B, General Bylaws Chapter 260: Wetlands Protection, p. 4
B. A permit shall expire three years from the date of issue. Any permit may be renewed once for an additional period, up to three years, provided that a written request for renewal is received by the Commission prior to expiration, and that the Commission may grant such extension as it finds necessary to allow completion of the permitted work.
- §260-10.F, General Bylaws Chapter 260: Wetlands Protection, p. 6
The penalty for each violation shall be $300. Each day or part thereof that a violation occurs shall constitute a separate offense.
- Wetland Regs. Section 33 Coastal Engineering Structures, Cohasset Wetland Rules and Regulations (Conservation Commission), p. 43
No new bulkheads, filled piers, jetties, groins, seawalls, riprap or other coastal engineering structures shall be permitted in or on any coastal or inland Resource Areas, except as follows