Building near the water in Medford, Massachusetts (wetlands rules)
Building, additions, sheds, decks, grading or tree cutting within 100 feet of a wetland, pond or other resource area, or within 200 feet of a river, needs a permit from the Medford Conservation Commission under the city's Wetlands Ordinance (Chapter 87). Within 200 feet of a river you must also show there is no practicable alternative with less impact.
| Protected buffer (most resource areas) | 100 feet [1] |
| Protected buffer (rivers) | 200 feet [1] |
| Buffer for isolated vegetated wetlands | 25 feet [2] |
| Who approves | Conservation Commission, after a public hearing [3] |
| Riverfront test (within 200 ft of a river) | No practicable alternative and no significant adverse impact [4] |
| Exemption for decks, sheds, patios at pre-Aug. 7, 1996 homes | Only if more than 50 feet from the river or vegetated wetland [5] |
| Permit lifespan | 3 years [6] |
| Fine for violations | Up to $300 per offense; each day is a separate offense [7] |
What the Wetlands Ordinance covers
Medford's Wetlands Ordinance (Revised Ordinances Chapter 87, Ord. 719 of 2005) is stricter than the state Wetlands Protection Act. Without Conservation Commission approval, no one may fill, dredge, build upon or otherwise alter wetlands, banks, ponds of any size, rivers, streams, lands subject to flooding, or nearby upland. Land within 200 feet of rivers and within 100 feet of other resource areas is presumed important to protecting them [1]. Isolated vegetated wetlands have a smaller 25-foot buffer [2]. "Alter" is defined broadly. It includes building, expanding or repairing any structure, removing soil, filling, changing drainage, cutting or trimming trees and shrubs, and applying pesticides [8].
The permit process
You file a written application with the Conservation Commission, notify abutters (including abutters to abutters within 200 feet) by certified mail, and attend a public hearing. The Commission then issues a permit with conditions or denies it [3]. It can require undisturbed vegetated strips or setbacks for buildings and landscaping within the buffer. Its own regulations set the size of those areas and the filing fee. Within 200 feet of a river, you must prove there is no practicable alternative with less harm and that the work will have no significant adverse impact [4]. Permits last 3 years [6] and must be recorded at the Registry of Deeds before work starts. If you're not sure whether your lot is covered, you can file a Request for Determination of Applicability (RDA) [9].
Exemption for small projects at older homes
Turning lawn into decks, sheds or patios at single-family houses (the ordinance counts one- to three-family homes) that existed before August 7, 1996 is exempt only if the work is more than 50 feet from a river or vegetated wetland and you use erosion controls [5]. Closer than 50 feet, you need a permit.
Enforcement
Violations can bring restoration orders and fines of up to $300 per offense, with each day a separate offense [7]. A buyer who acquires land that was illegally altered must restore it.
Next steps
- Check whether your project is within 100 feet of a wetland, pond or stream, or within 200 feet of a river; if unsure, file a Request for Determination of Applicability (RDA) with the Medford Conservation Commission.
- If it is, file a permit application with the Conservation Commission, with plans showing the resource areas and your work, plus the filing fee set in the Commission's regulations.
- Send certified-mail or hand-delivered notice to abutters, including abutters to abutters within 200 feet, and file proof with the Commission at or before the public hearing.
- After approval, record the permit at the registry of deeds and give the Commission written confirmation before starting work.
Common questions
- Do I need a permit to build near wetlands in Medford, MA?
- Yes. Building, additions, sheds, decks, grading or tree cutting within 100 feet of a wetland, pond or other resource area, or within 200 feet of a river, needs a Conservation Commission permit under Medford's Wetlands Ordinance (Chapter 87). Isolated vegetated wetlands have a 25-foot buffer.
- Can I build near the Mystic River in Medford, Massachusetts?
- Only if you meet the riverfront test. Within 200 feet of a river you must show there is no practicable alternative with less impact and no significant adverse impact.
- Can I add a deck or shed near wetlands at an older home in Medford, MA?
- Possibly without a permit. Decks, sheds or patios at homes that existed before August 7, 1996 are exempt only if more than 50 feet from the river or vegetated wetland.
- How do I know if my lot is under wetlands rules in Medford, Massachusetts?
- If you're unsure, file a Request for Determination of Applicability with the Medford Conservation Commission. Permits last 3 years and fines run up to $300 per 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
- Sec. 87-38, Revised Ordinances Chapter 87 - Wetlands (Municode), p. 1
Lands within 200 feet of rivers and lands within 100 feet of other resource areas, are presumed important to the protection of these resources because activities undertaken in close proximity to resource areas have a high likelihood of adverse impact upon the wetland or other resource, either immediately, as a consequence of construction, clearing, or over time, as a consequence of daily operation or existence of the activities.
- Sec. 87-40 (Isolated vegetated wetland), Revised Ordinances Chapter 87 - Wetlands (Municode), p. 1
The adjacent upland resource area to isolated vegetated wetland shall be 25 feet.
- Sec. 87-38, Revised Ordinances Chapter 87 - Wetlands (Municode), p. 1
If it issues a permit, the commission shall impose conditions that it deems necessary or desirable to protect those values, and all activities shall be done in accordance with those conditions.
- Sec. 87-38, Revised Ordinances Chapter 87 - Wetlands (Municode), p. 1
In the review of areas within 200 feet of rivers, no permit issued hereunder shall allow any activities unless the applicant, in addition to meeting the otherwise applicable requirements of this article, has proved by a preponderance of the 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 article.
- Sec. 87-33, Revised Ordinances Chapter 87 - Wetlands (Municode), p. 1
The conversion of lawn to uses accessory to existing single-family houses in existence prior to August 7, 1996, such as decks, sheds, and patios, are grandfathered and/or exempted from the permit requirements in this article provided the activity is located more than 50 feet from the mean annual high-water line from a river or from a vegetated wetland, whichever is farther, and erosion and sedimentation controls are implemented during construction.
- Sec. 87-38, Revised Ordinances Chapter 87 - Wetlands (Municode), p. 1
A permit shall expire three years from the date of issuance.
- Sec. 87-42, Revised Ordinances Chapter 87 - Wetlands (Municode), p. 1
Any person, who violates any provision of this article, or regulations, permits, or administrative orders issued thereunder, shall be punished by a fine of not more than $300.00.
- Sec. 87-40 (Alter), Revised Ordinances Chapter 87 - Wetlands (Municode), p. 1
Driving of piles, erection, expansion or repair of buildings, or structures of any kind
- Sec. 87-35, Revised Ordinances Chapter 87 - Wetlands (Municode), p. 1
Any person desiring to know whether or not a proposed activity or an area is subject to this article may file a request for determination of applicability (RDA).