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

Concord, Middlesex County · Bylaws checked 2026-10-03 · Reviewed · 16 cited sections

Allowed with board review

Work within 100 ft of a wetland, pond or stream, or within 200 ft of a river, needs Natural Resources Commission review under Concord's Wetlands Bylaw. New structures and expansions are prohibited within 25 ft of the resource area unless the Commission grants a waiver, and allowed between 25 and 50 ft only in exceptional circumstances with mitigation. Lawn conversions to decks, sheds or pools more than 50 ft away are exempt.

Buffer Zone100 ft from wetlands, banks, ponds, streams; Natural Resources Commission review [1]
Riverfront Area200 ft from perennial rivers and streams [2]
No Disturbance ZoneFirst 25 ft: no new structures or alteration (waiver only) [3]
No Build Zone25–50 ft: new structures only in exceptional circumstances, with mitigation [6]
Mitigation in No Build ZoneRevegetate 10x the encroachment area (or restore 5:1 in the 25-ft zone) [8]
Exempt workDecks, sheds, patios, pools on lawn more than 50 ft from the wetland; no removal of trees over 6 in. diameter [10]
Existing structuresMay not increase their nonconformance; no expansions within 25 ft except by Commission waiver [7]

Where the rules apply

These rules come from the Wetlands Bylaw as amended in April 2013, its 2010 regulations and the Commission's 2021 No Build Zone policy; they may have changed since. Concord has no "shoreland zone." Instead, its Wetlands Bylaw, administered by the Natural Resources Commission, covers wetlands, banks and beaches along ponds, streams and rivers, plus the land within 100 ft of them (the Buffer Zone) [1]. It also covers land within 200 ft of a perennial river or stream, such as the Assabet, Sudbury or Concord (the Riverfront Area) [2]. If you're unsure whether your project is covered, you can ask the Commission for a written determination [12].

Setback rings

  • 0–25 ft: No Disturbance Zone [4]. Any work here is presumed harmful and prohibited [3]. Existing structures may stay, but expansions and additions aren't allowed [5]. The Commission can allow some activities or structures here by waiver when there's no practicable alternative [15].
  • 25–50 ft: No Build Zone. New structures, including sheds, decks, pools and driveways, are allowed only in exceptional circumstances [6]. Existing structures may not become more nonconforming [7]; work outside an existing house's footprint may be allowed if it doesn't bring the house any closer to the wetland [16]. If encroachment can't be avoided, you must naturally revegetate an area 10 times larger, or restore the 25-ft zone at 5:1 [8].
  • 50–100 ft: projects are reviewed case by case. Turning lawn into a deck, shed, patio or pool more than 50 ft from the wetland is exempt [10], provided there is no regrading and no trees over 6 in. diameter are removed [9].
  • Riverfront Area: you must show there is no practicable alternative and no significant adverse impact [11].

Trees and vegetation

Mowing and maintaining existing lawns and gardens is exempt. Vista pruning is exempt only more than 50 ft from the water or wetland [14]. Removing trees over 6 in. diameter in the buffer needs review [9].

Floodplain

In the Floodplain Conservancy District, most construction needs a Board of Appeals special permit after a public hearing [13]. The Zoning Bylaw's nonconforming-structure rules (§7.1.5) apply separately.

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Next steps

  1. Check the town's wetlands map, then ask the Natural Resources Division (141 Keyes Road) whether your project is within 100 ft of a wetland or 200 ft of a river.
  2. For uncertain cases, file a Request for Determination of Applicability; for work in jurisdiction, file a Notice of Intent with plans (combined state/local forms).
  3. If you need to build within 50 ft, include a written waiver request with an alternatives analysis and mitigation plan.
  4. Record the permit (Order of Conditions) at the Middlesex South Registry of Deeds before starting work.

Common questions

Do I need a permit to build near a wetland or pond in Concord, Massachusetts?
Work within 100 ft of a wetland, pond or stream, or within 200 ft of a river, needs Natural Resources Commission review under the Wetlands Bylaw. Lawn conversions to decks, sheds, patios or pools more than 50 ft away are exempt.
How close to a wetland can I build in Concord, Massachusetts?
New structures and expansions are prohibited within 25 ft unless the Commission grants a waiver, and allowed between 25 and 50 ft only in exceptional circumstances with mitigation.
Can I expand my existing house near a wetland in Concord, Massachusetts?
Existing structures may not become more nonconforming, and no expansions are allowed within 25 ft except by Commission waiver. Work outside the footprint may be allowed if it doesn't bring the house any closer to the wetland.
Can I cut trees near a wetland in Concord, Massachusetts?
Removing trees over 6 in. diameter in the buffer needs review. Vista pruning is exempt only more than 50 ft from the water or wetland.

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 Concord's published bylaws. Section numbers are as printed in the source.

  1. §2 Jurisdiction, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 1
    2.1 any freshwater wetland, marsh, wet meadow, bog, swamp, flat, bank, or beach bordering on any reservoir, lake, pond, perennial or intermittent stream, river, brook, or creek; and adjoining lands out to a distance of 100 feet known as the Buffer Zone;
  2. §2.4 Jurisdiction, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 1
    2.4 any perennial stream, river, brook, or creek; the land thereunder; and adjoining lands out to a distance of 200 feet known as the Riverfront Area, and;
  3. §7.4(e) Setbacks, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 6
    The Commission shall presume that any activity or alteration within 25 feet of any freshwater wetlands, marshes, wet meadows, bogs, swamps, springs, banks, beaches, reservoirs, lakes, ponds, and lands under water bodies, intermittent streams, brooks and creeks, and perennial rivers and streams, has a significant individual or cumulative impact upon the resource area values protected by this Bylaw and shall be prohibited.
  4. Section 2 Protection of Buffer Zones, Concord Wetlands Bylaw Regulations, p. 1
    The first 25 feet of a Buffer Zone defines the Buffer Zone’s inner edge and is designated a No Disturbance Zone.
  5. Section 2.1.2(ii) No Disturbance Zone, Concord Wetlands Bylaw Regulations, p. 2
    Lawfully located structures in existence before this Bylaw are permitted to remain. Expansions and additions are not permitted.
  6. The Policy, Natural Resources Commission 50-foot No Build Zone Policy, p. 1
    “50-foot No Build Zone” (NBZ) shall mean the area 25 to 50 feet from jurisdictional wetland resource areas where new structures are permitted only in exceptional circumstances.
  7. The Policy, Natural Resources Commission 50-foot No Build Zone Policy, p. 2
    Existing structures are not permitted to increase their degree of non-conformance.
  8. The Policy, Natural Resources Commission 50-foot No Build Zone Policy, p. 2
    When encroachment of proposed structures into the NBZ is unavoidable, the applicant must mitigate the encroachment by naturally revegetating an area within the 50-foot No Build Zone 10 times greater than the encroachment, or restoring an area within the 25-foot No Disturb Zone at a 5:1 ratio of new structure within the 50-foot NBZ; and
  9. §3.1 Exemptions, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 2
    3.1 The following activities in the 100-foot Buffer Zone (which includes the 25-foot No-Disturb Zone) or the 200-foot Riverfront Area provided the activity is not within any other resource area; there is no regrading; no trees greater than 6 inches diameter breast height are removed; there is no alteration to additional resource areas; and erosion and sedimentation controls are used as needed or as determined by the Commission or agent of the Commission:
  10. §3.1(f) Exemptions, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 2
    f. Conversion of lawns to decks, sheds, patios, and pools that are accessory to residential structures, provided the activity, including any discharge pipes, is located more than 50 feet from the mean annual high water line or bordering vegetated wetland (whichever is farther).
  11. §7.4(b) Riverfront Area, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 6
    In reviewing activities within the Riverfront Area, the Commission shall presume the Riverfront Area is important to all the resource area values unless demonstrated otherwise, and no permit issued hereunder shall permit any activities unless the applicant, in addition to meeting the otherwise applicable requirements of this Bylaw, has proved by a preponderance of the credible evidence that (1) there is no practicable alternative to the proposed project with less adverse effects, and that (2) such activities, including proposed mitigation measures, will have no significant adverse impact on the areas or values protected by this Bylaw.
  12. §5.2 Request for Determination of Applicability, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 4
    Any person desiring to know whether a proposed activity or an area is subject to this Bylaw may in writing request a determination from the Commission.
  13. §7.2.5 Floodplain Conservancy District, Zoning Bylaw (amended through Annual Town Meeting April 2026), p. 44
    7.2.5 Uses permitted subject to review by the Board: The following uses may be permitted by the Board after notice and a public hearing:
  14. §3.1(i) Exemptions, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 2
    i. 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.
  15. Section 2.1.2(iii) No Disturbance Zone, Concord Wetlands Bylaw Regulations, p. 2
    Notwithstanding any of the foregoing prohibitions, the Commission may allow certain activities or structures in the 25-foot No Disturbance Zone by waiver, as provided in paragraph 4.1.1 of these Regulations, when no other practicable alternative exists.
  16. The Policy, Natural Resources Commission 50-foot No Build Zone Policy, p. 2
    Alteration consisting of work outside the footprint of the principal existing structure within the 50-foot No Build Zone may be permitted to the extent that such alteration does not result in a reduction in the minimum distance that exists between the existing structure and the wetland.
This page summarizes Concord's posted bylaws as of 2026-10-03. Bylaws are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Building & Inspections (Building Division and Zoning Enforcement), 141 Keyes Road, 2nd Floor (978-318-3280) before you build. Spot an error?