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

Falmouth, Barnstable County · Bylaws checked 2026-10-03 · Reviewed · 11 cited sections

Allowed with board review

Work within 100 feet of a wetland, bank, beach, pond or the ocean needs Conservation Commission approval under Falmouth's wetlands bylaw. The commission's regulations (2014 compilation, which may have changed) keep a 25- to 100-foot no-disturbance zone, depending on the resource, where no work is allowed if it is naturally vegetated. Zoning separately keeps new houses at least 50 feet from the ocean, bays, tidal rivers and ponds.

Regulated buffer100 ft from wetlands, banks, beaches, water bodies [1]
No-disturbance zone: salt marsh, vernal pools, ACEC resources100 ft [4]
No-disturbance zone: land under water/ocean/salt ponds, banks of ponds and perennial streams75 ft [11]
No-disturbance zone: tidal land, most freshwater wetlands, beaches, dunes, most coastal banks50 ft [5]
No-disturbance zone: certain non-eroding coastal banks25 ft [6]
Zoning setback of principal structures from water50 ft [9]
Mitigation planting for redevelopment in Zone A3:1 for new impervious area [8]

What areas are covered

Falmouth's Wetlands Protection Bylaw (Town Code Chapter 235) and the Conservation Commission's regulations (FWR 10.00) protect wetlands, banks, beaches, dunes, creeks, estuaries, ponds, the ocean, land under water and flood-prone land. They also cover all land within 100 feet of most of these areas [1]. Any work there that would remove, fill, build on or alter a protected area needs a permit application to the Conservation Commission. If you're unsure, file a Request for Determination of Applicability [2].

No-disturbance zones

The 100-foot buffer is split into an inner no-disturbance area (Zone A) and an outer Zone B. Zone A must be kept naturally vegetated [3]. Its width depends on the resource:

  • 100 ft: salt marsh, vernal pools, certain freshwater wetlands in public water-supply areas, rare-species habitat, and resources in the Waquoit Bay ACEC [4]
  • 75 ft: land under water bodies, the ocean or salt ponds; banks of salt ponds, estuaries, ponds and perennial streams; fish runs; and eroding coastal banks in a velocity zone [11]
  • 50 ft: land subject to tidal action, most freshwater wetlands, coastal beaches and dunes, and most coastal banks [5]
  • 25 ft: non-eroding coastal banks outside a velocity zone, steeper than 4:1, not next to other wetland resources [6]

If Zone A is naturally vegetated, no work may take place there [7]. Limited, conditioned work may be allowed in Zone B.

Expanding an existing house

On previously developed lots, the commission may allow redevelopment, but it requires buffer restoration. Additions in Zone A can't move closer to the resource than the existing house. For the resources with 100- or 75-foot zones, they also can't come within 25 feet of the resource, whichever is farther. New impervious area in Zone A requires 3:1 mitigation planting [8].

Zoning setbacks

Zoning also bars principal structures within 50 feet of Buzzards Bay, Vineyard and Nantucket Sounds, Great Harbor, and tidal or freshwater ponds and rivers. There are exceptions in parts of Woods Hole [9]. Filling, bulkheading or riprapping along a shore needs a Select Board special permit [10].

Caveats

These regulations are the town's 2014 compilation and may have been amended since. Falmouth's rules for altering nonconforming structures were rewritten in November 2024, and that text isn't in our sources.

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

Next steps

  1. Find out whether your project is within 100 ft of a wetland, bank, beach, pond or the shore (the town GIS or Conservation office can help).
  2. Contact the Conservation Commission office early; file a Request for Determination of Applicability if unsure, or a permit application with a site plan showing resource boundaries and Zone A/B.
  3. Plan additions so they don't move closer to the water than the existing house, and budget for mitigation planting.
  4. For new houses or additions near the water, confirm the 50-ft zoning setback with the Building Department (508-495-7470).

Common questions

Do I need approval to build near water or wetlands in Falmouth, Massachusetts?
Yes. Work within 100 feet of a wetland, bank, beach, pond or the ocean needs Conservation Commission approval under the wetlands bylaw.
How close to the ocean can I build a house in Falmouth, Massachusetts?
Zoning separately keeps new houses at least 50 feet from the ocean, bays, tidal rivers and ponds.
What is the no-disturbance zone near wetlands in Falmouth, Massachusetts?
The commission's regulations (2014 compilation, which may have changed) keep a 25- to 100-foot no-disturbance zone, depending on the resource, where no work is allowed if it is naturally vegetated.

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

  1. FWR 10.02(1)(i) Areas subject to protection, Falmouth Wetland Regulations FWR 10.00 (Conservation Commission; 2014 compilation), p. 3
    (i) Land within 100 feet of the areas listed in FWR 10.02(1)(a) through (h)
  2. FWR 10.02(2)(a) Activities within Resource areas, Falmouth Wetland Regulations FWR 10.00 (Conservation Commission; 2014 compilation), p. 3
    (a) Activities within Resource areas: any activity proposed or undertaken within an area specified in FWR 10.02(1) which, in the judgment of the Commission, will Remove, Fill, dredge, build upon, degrade, or otherwise Alter an Area subject to protection under the Bylaw is subject to regulation under the Bylaw and requires the filing of a Permit application. If the Applicant is in doubt as to whether a Permit application shall be required by the Commission, a request for a Determination of applicability should be filed (FWR 10.05(4)(a)).
  3. FWR 10.18(2)(d) Zone A, Falmouth Wetland Regulations FWR 10.00 (Conservation Commission; 2014 compilation), p. 56
    (d) Zone A is a no disturbance area that is the portion of a resource area buffer adjacent to resource areas specified in FWR 10.02(1) (a) through (e) that is closest to the resource area(s). Zone A shall be kept in a naturally vegetated state and the Commission may require re-vegetation of a previously altered Zone A to conform with the purposes and requirements of the bylaw.
  4. FWR 10.18(5)(a)(1)-(2) Buffer Zone Widths, Falmouth Wetland Regulations FWR 10.00 (Conservation Commission; 2014 compilation), p. 58
    1. The width of the No Disturbance (Zone A) area shall be 100 feet for the following resources: a. Salt marsh; b. Vernal pools;
  5. FWR 10.18(5)(a)(3) Buffer Zone Widths, Falmouth Wetland Regulations FWR 10.00 (Conservation Commission; 2014 compilation), p. 58
    3. The width of the no disturbance (Zone A) area shall be 50 feet for the following resources: a. Land subject to tidal action; b. Freshwater wetlands not listed in FWR 10.18(5) (a)(1) and (2);
  6. FWR 10.18(5)(a)(4) Buffer Zone Widths, Falmouth Wetland Regulations FWR 10.00 (Conservation Commission; 2014 compilation), p. 59
    4. The width of the no disturbance (Zone A) area shall be 25 feet for the following resources: [Effective 12-8-2010] a. Noneroding coastal banks not in a velocity zone with a slope greater than 4:1 and not adjacent to other wetland resources as defined in FWR 10.02(1)(a) through (e), but within 100 feet of other coastal resources as defined in FWR 10.02(a) through (e).
  7. FWR 10.18(7)(a) Work within buffer zone, Falmouth Wetland Regulations FWR 10.00 (Conservation Commission; 2014 compilation), p. 59
    (a) If the no disturbance area (Zone A) is a naturally vegetated buffer, no work may take place in Zone A, and the limit of work must lie outside (landward of) Zone A.
  8. FWR 10.18(7)(e)(2) Buffer restoration, Falmouth Wetland Regulations FWR 10.00 (Conservation Commission; 2014 compilation), p. 60
    2. Redevelopment within Zone A shall require a 3 to 1 mitigation for the increase in impervious area and for any increase in pervious areas that will not support a naturally vegetated buffer (e.g., pervious patios, driveways, and gardens).
  9. § 240-11.4A(4) Setbacks from Water Bodies, Zoning Bylaw, Town Code Chapter 240, Articles 1-14 (November 2022 recodification), p. 115
    (4) SETBACKS FROM WATER BODIES – No principal structure except piers, floats, and docks located in the Marine District shall be erected less than 50 feet from the waters of Buzzards Bay, Great Harbor, Vineyard Sound, Nantucket Sound, or any tidal ponds, tidal rivers, or freshwater ponds and freshwater rivers.
  10. § 240-14.8A(2) Wetlands, Applicability/Special Permit, Zoning Bylaw, Town Code Chapter 240, Articles 1-14 (November 2022 recodification), p. 150
    (2) APPLICABILITY/SPECIAL PERMIT – Any person wishing to perform, or cause to be performed, any of the following acts or operations shall first obtain a special permit from the Select Board:
  11. FWR 10.18(5)(a)(2) Buffer Zone Widths, Falmouth Wetland Regulations FWR 10.00 (Conservation Commission; 2014 compilation), p. 58
    2. The width of the no disturbance (Zone A) area shall be 75 feet for the following resources: a. An anadromous/catadromus fish run; b. An eroding coastal bank located in a velocity zone; see also FWR 10.30(7) c. Land under water bodies;
This page summarizes Falmouth'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 Department / Inspectional Services (508-495-7470 (main/inspections); counter 508-495-7469) before you build. Spot an error?