Building near the water in Salem, Massachusetts (wetlands rules)
Work within 100 feet of the ocean, a coastal bank, salt marsh, wetland, stream or pond, or in a flood zone, needs a permit from the Salem Conservation Commission under the city's Wetlands Ordinance. The first 25 feet from the resource area is a No Disturbance Zone where building and vegetation clearing are essentially prohibited, and disturbance within 50 feet requires mitigation.
| Conservation Commission jurisdiction (buffer zone) | 100 feet from wetlands, coastal banks, beaches, salt marsh, streams, ponds [1] |
| No Disturbance Zone | First 25 feet from the resource area (75 ft for vernal pools) [2] |
| Mitigation Zone | First 50 feet; disturbance only with mitigation (100 ft for vernal pools) [2] |
| Tree and vegetation clearing | Prohibited in the 25-ft No Disturbance Zone [3] |
| Permit filing | Notice of Intent or Request for Determination of Applicability [4] |
| Flood zones | Permit required for all development in the Flood Hazard Overlay District [6] |
| Repairs to existing structures | Maintenance allowed without a permit after 30 days' certified-mail notice [5] |
What areas are covered
Salem's Wetlands Protection and Conservation Ordinance (Chapter 50), stricter than the state Wetlands Protection Act, covers coastal wetlands (beaches, dunes, coastal banks, rocky shores, salt marsh, land subject to tidal action), freshwater wetlands, vernal pools, streams, ponds and land subject to flooding. Building, filling or otherwise altering land within 100 feet of these areas (the buffer zone) also requires Conservation Commission approval [1]. Separately, the Flood Hazard Overlay District covers FEMA flood zones (A, AE, AH, AO, V, VE), and any development there needs a permit, including fences and sheds [6].
Setbacks from the water
Within the buffer zone, the ordinance sets two inner zones [7][8], and Table A of the Conservation Commission's regulations lists their widths [2]:
- 25-foot No Disturbance Zone: no clearing or cutting of vegetation, landscaping, grading, filling, or construction of buildings, driveways, septic systems or other structures [3].
- 50-foot Mitigation Zone: disturbance is prohibited unless you provide mitigation the Commission considers adequate, such as native plantings or other improvements. Table A gives 25 and 50 feet for wetlands, coastal wetlands and banks, streams and water bodies on undeveloped sites; on previously disturbed or degraded sites the zones follow the existing limit of disturbance, up to 25 and 50 feet. For vernal pools the zones are 75 and 100 feet, measured from the pool boundary [2]. The Commission may expand setbacks, and you carry the burden of showing work in the buffer is necessary with no reasonable alternative.
Existing homes
Maintenance and repair of lawfully existing structures (with no expansion or change in use) doesn't need a permit, but you must notify the Commission by certified mail at least 30 days before starting [5]. Expanding a house is new work: it needs a Conservation Commission permit if it's in a jurisdictional area, and the Commission may reduce setbacks for redevelopment that improves previously disturbed areas or for ancillary structures of single-family homes built before the 2022 ordinance. Expanding a zoning-nonconforming house also requires a Zoning Board of Appeals finding or special permit under Section 3.3.
Applying
File a Notice of Intent (or a Request for Determination of Applicability for smaller work) with the Conservation Commission [4]. Coastal projects in flood zones must also factor in sea level rise.
Next steps
- Check whether your property is within 100 feet of the shore, a coastal bank, marsh, wetland, stream or pond, or in a FEMA flood zone (city GIS or the Conservation Commission; see the city website for contact details).
- For small projects, ask the Conservation Agent whether a Request for Determination of Applicability is enough; otherwise hire an engineer or wetland scientist to delineate resource areas and file a Notice of Intent.
- Design around the 25-foot No Disturbance Zone and plan mitigation for anything within 50 feet.
- For repairs only, send the Commission certified-mail notice at least 30 days before work.
- Get your building permit from Inspectional Services after the Commission's Order of Conditions, meeting flood-zone construction rules.
Common questions
- Do I need a permit to build near wetlands or the water in Salem, MA?
- Yes. Work within 100 feet of the ocean, a coastal bank, salt marsh, wetland, stream or pond, or in a flood zone, needs a Salem Conservation Commission permit under the city's Wetlands Ordinance, filed as a Notice of Intent or Request for Determination of Applicability.
- What is the no disturbance zone in Salem, Massachusetts?
- The first 25 feet from a resource area is a No Disturbance Zone where building, grading and vegetation clearing are essentially prohibited; disturbance within 50 feet requires mitigation. For vernal pools the zones are 75 and 100 feet.
- Can I repair my house near the water in Salem, MA without a permit?
- Yes, for maintenance and repair of lawfully existing structures with no expansion or change in use, but you must notify the Conservation Commission by certified mail at least 30 days before starting. Expansions are new work and need a permit.
- Do I need a permit to build in a flood zone in Salem, Massachusetts?
- Yes. Any development in Salem's Flood Hazard Overlay District needs a permit, including fences and sheds.
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. 50-3 Jurisdiction, Code of Ordinances Chapter 50 - Wetlands Protection and Conservation, p. 1
Additionally, except as permitted by the conservation commission, no person shall remove, fill, dredge, discharge into, build upon, degrade, or otherwise alter in or over land within 100-feet of the above resource areas, hereinafter the "buffer zone".
- Regulations Sec. 6(C), Table A, Salem Wetlands Protection and Conservation Regulations (adopted 2022-04-19), p. 8
No Disturbance Zone 25’ Existing Limit of Disturbance or up to 25’ Mitigation Zone 50’ Existing Limit of Disturbance or up to 50’
- Regulations, Buffer Zone standards (25-foot No Disturbance Zone), Salem Wetlands Protection and Conservation Regulations (adopted 2022-04-19), p. 6
Prohibited alterations within No Disturbance Zones include, but are not limited to, clearing or cutting of vegetation, landscaping, grading, filling, excavating, constructing driveways, buildings, roads, septic systems, stormwater management systems and structures.
- Sec. 50-6 Conservation commission filing, Code of Ordinances Chapter 50 - Wetlands Protection and Conservation, p. 1
Such application must be identical in form to a notice of intent or request for determination of applicability as described in M.G.L.A. c. 131, § 40 and the implementing regulations at 310 CMR 10.00.
- Sec. 50-4 Exceptions, Code of Ordinances Chapter 50 - Wetlands Protection and Conservation, p. 1
Maintenance (but no further alteration, expansion, or change in character or use) of pre-existing lawfully located uses and structures that were in place on or before the promulgation of the Ordinance are permitted without application for a permit to the conservation commission, provided that notice of such activities is sent via certified mail a minimum of 30 days prior to commencement of work.
- Zoning Sec. 8.1.3 Applicability (Flood Hazard Overlay District), Zoning Ordinance Sec. 8.0 Special District Regulations (8.1 Flood Hazard Overlay District; 8.2/8.4 district fence standards), p. 1
The City of Salem requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.
- Sec. 50-8 Buffer zone and setbacks (Twenty-five-foot No Disturbance Zone), Code of Ordinances Chapter 50 - Wetlands Protection and Conservation, p. 1
The first 25-feet within the buffer zone extending from an applicable resource area in which virtually no activities or work, other than passive passage, stormwater outfall components, and utilities, are permitted.
- Sec. 50-8 Buffer zone and setbacks (Fifty-foot Mitigation Zone), Code of Ordinances Chapter 50 - Wetlands Protection and Conservation, p. 1
The first 50-feet within the buffer zone extending from an applicable resource area in which disturbance is prohibited without adequate mitigation as determined by the conservation commission.