Building near the water in Natick, Massachusetts (wetlands rules)
Work within 100 feet of a pond, lake, stream or wetland in Natick needs a permit (Order of Conditions) from the Conservation Commission under the town's Wetlands Protection Bylaw. Nothing may be altered within 25 feet of the resource area unless the permit allows it. No buildings, including sheds, may go in the next 15 feet, which covers roughly 25 to 40 feet from the edge.
| Buffer Zone (review area) | 100 feet from any protected resource area (except floodplain and Riverfront Area) [1] |
| No Disturbance Zone | Within 25 feet of the resource area; no alteration unless the permit allows it [2] |
| No Build Zone | The 15 feet beyond the No Disturbance Zone (about 25-40 ft); no buildings, houses, barns, garages or sheds [3] |
| Not 'structures' in the No Build Zone | Fences, retaining walls, decks, patios, gazebos, play equipment, driveways [4] |
| Vernal pools | No alteration within 100 feet unless permitted [5] |
| Permit | Order of Conditions from the Conservation Commission [6] |
| Existing structures in the zones | Commission may allow extension under its rules [7] |
What's protected
Natick's Wetlands Protection Bylaw (General Bylaws Art. 79) is stricter than the state Wetlands Protection Act. It protects banks and wetlands bordering any creek, river, stream, pond, lake or reservoir, along with the land under those waters, vernal pools, the Riverfront Area and the floodplain. The Buffer Zone is the land within 100 feet of a protected resource area [1]. Any "alteration" in a resource area or its buffer needs a permit, called an Order of Conditions, from the Conservation Commission [6]. Alteration includes grading, filling, building, driving piles and cutting trees or other plants.
Setback zones
- No Disturbance Zone, 0-25 ft: no alteration unless the permit allows it [2]. The Commission's rules allow little more than passive passage there. Vegetation and leaf litter must stay in place, and you can't dump clippings or brush.
- No Build Zone, 25-40 ft: no structures. That means no buildings, houses, barns, garages or sheds [3]. Fences, retaining walls, decks, patios, gazebos, play equipment and driveways don't count as structures here [4], but they still need Commission review.
- Vernal pools: no alteration within 100 feet unless permitted [5].
- 25-100 ft: building is possible with an Order of Conditions.
Existing homes
If a structure already sits inside the No Disturbance or No Build Zone, the Commission may allow it to be extended under its rules [7].
How to apply
If you're unsure whether the bylaw applies, file a Request for Determination of Applicability (RDA). Larger projects, such as a new house, an addition with a foundation, an in-ground pool, or grading, need a Notice of Intent (NOI) and a public hearing. Smaller work, like a shed on blocks, a fence or a pervious patio, may go through an RDA. Local filing fees are added to the state fee. The Commission's Rules and Regulations are undated in the text ("effective upon the date of adoption"), so check the current version with the Commission. Building in the flood plain also falls under the zoning Flood Plain District overlay (Sec. III-A.3).
Next steps
- Find out whether your project is within 100 ft of a wetland, bank, pond, lake, stream or vernal pool (or 200 ft of a river). Ask the Conservation Commission if you're unsure.
- File a Request for Determination of Applicability for small projects, or a Notice of Intent for larger ones, with the Natick Conservation Commission, with plans and the local filing fee.
- Design to keep all work out of the 25-ft No Disturbance Zone and keep buildings and sheds out of the 25-40 ft No Build Zone.
- Don't start work, including tree cutting, until you have the Order of Conditions, and record it as required.
Common questions
- Do I need a permit to build near a pond in Natick, Massachusetts?
- Yes. Work within 100 feet of a pond, lake, stream or wetland needs an Order of Conditions from the Conservation Commission under Natick's Wetlands Protection Bylaw.
- How close to a wetland can I build in Natick, MA?
- Nothing may be altered within 25 feet of the resource area unless the permit allows it, and no buildings, including sheds, may go in the next 15 feet, roughly 25 to 40 feet from the edge.
- Can I put a fence or deck near a wetland in Natick, Massachusetts?
- Fences, decks, patios and similar items don't count as structures in the No Build Zone, but they still need Conservation Commission review within 100 feet.
- Can I cut trees near a wetland in Natick, Massachusetts?
- Not without approval. Cutting trees or other plants counts as alteration, so don't start until you have the Order of Conditions.
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
- Art. 79, Section 2 Definitions, Buffer Zone, Town By-laws Article 79 - Wetlands Protection (Aug 2023 compilation), p. 2
Buffer Zone. Lands within 100 feet of any Protected Resource Area except floodplain land and Riverfront Area.
- Art. 79, Section 6.2 No Disturbance and No Build Zones, Town By-laws Article 79 - Wetlands Protection (Aug 2023 compilation), p. 5
6.2 No Disturbance and No Build Zones - No Alteration shall occur within a No Disturbance Zone, unless otherwise provided in a permit issued under this by-law.
- Rules and Regulations, No Build Zone, Conservation Commission - Town of Natick Wetland Protection Bylaw Rules and Regulations, p. 9
The No Build Zone extends 15 feet (measured horizontally) from the edge of the (25-foot) No Disturbance Zone, in the direction upland or away from the resource area. This is an area where no structures are allowed to be placed or constructed. Prohibited structures include buildings, houses, barns, garages, and sheds.
- Art. 79, Section 2 Definitions, Structure, Town By-laws Article 79 - Wetlands Protection (Aug 2023 compilation), p. 2
However, in reference to the No Build Zone, “Structure” shall not include fences, retaining walls, decks, patios, gazebos, lawn furniture, children’s toys such as sandboxes and swing-sets, rip-rapped areas, driveways, parking areas, or the like.
- Art. 79, Section 6.3 Vernal pools, Town By-laws Article 79 - Wetlands Protection (Aug 2023 compilation), p. 6
6.3 Vernal pools - No Alteration shall occur within the 100-foot Buffer Zone of a Vernal Pool unless otherwise provided in a permit issued under this by-law, and except as provided in Section 13.6.
- Art. 79, Section 3 Activities Requiring Approval, Town By-laws Article 79 - Wetlands Protection (Aug 2023 compilation), p. 3
Such permit shall be in the form of an Order of Conditions issued by the Commission in accordance with its Rules and Regulations.
- Art. 79, Section 13.5, Town By-laws Article 79 - Wetlands Protection (Aug 2023 compilation), p. 8
13.5 No Disturbance and No Build Zones - Where a prior existing Structure protrudes into, or a prior existing Alteration exists in, a No Disturbance Zone or No Build Zone, the Commission may permit the extension of such non-conforming Structure into, or further Alteration in, such zones, in accordance with its Rules and Regulations.