Building near the water in Hingham, Massachusetts (wetlands rules)
Work within 100 feet of any wetland, bank, beach, marsh, pond, stream or the ocean (or 200 feet of a river) needs Conservation Commission approval under Hingham's Wetlands Protection By-Law. The local regulations set a 50-foot minimum setback from resource areas for houses, decks, garages, pools, driveways and clearing; within 50 feet, new buildings, sheds, pools and vegetation removal are prohibited unless the Commission makes a special finding.
| Jurisdiction | Within 100 ft of a resource area; 200 ft Riverfront Area [2] |
| 50-ft buffer strip | No new buildings, decks, pools, sheds, driveways, grading or vegetation removal without Commission authorization [3] |
| Minimum setback for houses, decks, garages, pools, driveways, clearing | 50 ft from any resource area [4] |
| Structures on wall-type foundations | May be allowed 50-100 ft with mitigation; never under 50 ft [7] |
| Fuel/hazardous storage | No new construction within 100 ft of resource areas [5] |
| Fines | $100 per violation, each day a separate violation [9] |
What's protected
Hingham's Wetlands Protection By-Law (Article 22) covers banks, freshwater and coastal wetlands, beaches, dunes, flats, marshes, vernal pools, creeks, rivers, streams, ponds, the ocean, and land subject to tidal action, coastal storm flowage or flooding. You can't remove, fill, dredge or alter any of these without filing a Notice of Intent with the Conservation Commission and getting an Order of Conditions [1]. The by-law also reaches any work within 100 feet of a resource area or within the 200-foot Riverfront Area [2]. It's intentionally stricter than the state Wetlands Protection Act.
The 50-foot buffer strip
Within 50 feet of a wetland, coastal dune or bank, the by-law prohibits new buildings, decks, swimming pools, sheds and driveways (except water-dependent structures the Commission approves), relocating or rebuilding existing buildings, and grading or vegetation removal, unless the Commission finds by clear and convincing evidence that the work won't harm wetland values [3]. Maintaining an existing lawful structure is allowed. The Commission's regulations set 50-foot minimum setbacks for houses, porches, decks, garages, pools, driveways and clear-cutting, grading or filling [4], and no new fuel or hazardous-material storage within 100 feet [5]. Vernal pools get a 100-foot protection zone.
The outer buffer (50-100 feet)
The Commission's stated intent is to keep buffers naturally vegetated and move structures as far from resource areas as possible [6]. It may allow a structure on a wall-type foundation between 50 and 100 feet with mitigation, but never closer than 50 feet [7].
Existing homes
Under zoning, adding to a lawfully built nonconforming single- or two-family home isn't treated as extending a nonconformity if it doesn't further reduce the existing nonconforming dimensions [8]. Wetlands approval is still needed for work near resource areas.
Process and penalties
You can ask the Commission whether the by-law applies (a Request for Determination), or file a Notice of Intent; the Commission holds a public hearing within 21 days. Coastal applicants must notify abutters within 300 feet. Violations carry a $100 fine per violation, and each day is a separate violation [9].
Next steps
- Find out whether your project is within 100 feet of a wetland, bank, beach, marsh, stream, pond or the ocean (or 200 feet of a river); a survey or the Conservation Commission can help.
- If unsure, file a Request for Determination of Applicability with the Conservation Commission.
- For work in the buffer zone or a resource area, file a Notice of Intent with plans (resource areas, 2-ft topography, trees 6 inches or more in diameter, erosion controls) and notify abutters.
- Wait for the Order of Conditions and any appeal period before starting; also get a building permit from the Building Department (781-741-1420).
Common questions
- Do I need approval to build near wetlands or water in Hingham, Massachusetts?
- Yes. Work within 100 feet of any wetland, bank, beach, marsh, pond, stream or the ocean (or 200 feet of a river) needs Conservation Commission approval.
- How close to a wetland can I build in Hingham, Massachusetts?
- The local regulations set a 50-foot minimum setback from resource areas for houses, decks, garages, pools, driveways and clearing.
- Can I build a shed or pool within 50 feet of a wetland in Hingham, Massachusetts?
- No, unless the Commission makes a special finding. Within 50 feet, new buildings, sheds, pools and vegetation removal are prohibited.
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
- Article 22, Section 1, Wetlands Protection By-Law, Article 22 (standalone), p. 1
No person shall remove, fill, dredge, or alter any bank, freshwater wetland, coastal wetland, beach, dune, bog, flat, marsh, meadow, vernal pools or swamp, or any estuary, creek, river, stream, pond, lake, or the ocean, or the land under or bordering on said waters or wetlands, or any land subject to tidal action, coastal storm flowage, or flooding, or Riverfront Area without first filing written notice of his or her intention to so remove, fill, dredge, or alter by sending a separate letter, by certified mail, or by hand delivery to the Hingham Conservation Commission (hereinafter referred to as the "Commission") or its authorized agent, and without receiving and complying with an Order of Conditions, and provided all appeal periods have lapsed.
- Article 22, Section 2A, Wetlands Protection By-Law, Article 22 (standalone), p. 2
Except as permitted by the Commission or as otherwise provided in this By-Law, no person shall remove, fill, dredge, alter or build upon or within one hundred (100’) feet of any resource area, as outlined in Section 1 of this By-Law or within the two hundred foot (200’) Riverfront Area, as defined in 310 CMR Section 40 10.58.
- Article 22, Section 2B, Wetlands Protection By-Law, Article 22 (standalone), p. 2
Prohibited activities shall include, but are not limited to, the following: (1) new construction of any buildings, decks, in-ground and above-ground swimming pools, sheds and/or driveways of any nature or type (excepting water dependent structures expressly approved by the Commission); (2) alteration, reconstruction or relocation of existing buildings, sheds and/or driveways of any nature or type; and (3) activities which involve or result in the removal, filling or altering of land within the buffer strip, including vegetation removal and grading.
- HWR 7.4(c), Construction Setbacks, Hingham Wetland Regulations (Conservation Commission, revised May 20, 2024), p. 12
1. Structures to be used for living quarters including breezeways, porches and decks………...50’ 2. Structures not to be used for living quarters including commercial and industrial buildings, garages, etc………………………………………………………………………..50’ 3. Swimming pools (both below and above ground)……………………………………………50’ 4. Driveways, roadways, parking areas, any other paved area and any area paved or gravel to be used for the storage, transport or repair of motorized vehicles………………………...50’ 5. Clear cutting or grading and/or filling………………………………………………………..50’
- HWR 7.4(c)(6), Construction Setbacks, Hingham Wetland Regulations (Conservation Commission, revised May 20, 2024), p. 12
No new construction for the storage of gasoline, oil or other fuels or hazardous materials shall be permitted in, or within 100' of any resource area as described in Sections 17.1-3, 18.1-5, 19.2- 3, 21.1-2.
- HWR 22.0(d)(1)-(2), Buffer Zone Performance Standards, Hingham Wetland Regulations (Conservation Commission, revised May 20, 2024), p. 63
(1) The intent of the Conservation Commission is to move all structures and activities as far away as possible from any Resource Area, in order to protect the wetland values of Resource Areas. (2) Except as otherwise specified, Resource Area buffers shall be retained and maintained in a naturally vegetated condition.
- HWR 23.7, Structures, Hingham Wetland Regulations (Conservation Commission, revised May 20, 2024), p. 71
b. The Commission may at its discretion allow a proposed structure on a wall-type foundation within 100 to 50 feet of the Resource Area, as defined in HWR 2.0 (1-5), if satisfied that mitigation required in the Order of Conditions is sufficient to protect the Resource Area. c. No mitigation is sufficient to allow a structure on a wall-type foundation less than 50 feet from a Resource Area, as defined in HWR 2.0 (1-5).
- Section III-I, Nonconforming Uses and Structures, 2, Zoning By-Law (revised through April 28, 2026), p. 64
the alteration of, addition to, reconstruction of, extension of, or structural change in an existing nonconforming Single or Two-Family Dwelling shall not be considered the extension of a nonconforming use or structure provided that:
- Article 22, Section 11B, Establishment of Fines, Wetlands Protection By-Law, Article 22 (standalone), p. 5
The fine shall be $100.00 (one hundred dollars) per violation. Each day or portion thereof during which a violation continues shall constitute a separate violation and each By- Law, regulation or permit violated shall constitute a separate offense.