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

Scituate, Plymouth County · Bylaws checked 2026-10-03 · Reviewed · 11 cited sections

Allowed with board review

Work within 100 feet of a wetland, marsh, beach, dune, bank or water body in Scituate (or on land subject to tidal action or coastal flooding) needs Conservation Commission approval under the town's wetlands bylaw. The Commission's regulations also require a 50-foot undisturbed vegetated buffer strip next to resource areas, and the zoning bylaw sharply limits new structures in the Saltmarsh and Flood Plain districts.

Local wetlands jurisdictionIn or within 100 ft of wetlands, marshes, banks, beaches, dunes, flats and water bodies, plus land subject to tidal action or coastal storm flowage [1]
Buffer zone100 ft from a resource area (250 ft for vernal pools) [2]
Undisturbed buffer stripAt least 50 ft from resource areas (Commission may vary it; not applied to the buffer of flood-zone-only areas such as land subject to coastal storm flowage) [3]
Coastal bankWork within 100 ft landward of the top of a coastal bank must not hurt its stability [4]
Tree removal near resourcesLimited to vista cutting and pruning; no trees over 4 in. diameter removed under selective pruning [6]
Expanding a nonconforming houseBuilding Commissioner may allow up to 20% more floor area if setbacks are met; otherwise ZBA finding or variance [9]

When the Conservation Commission gets involved

The 50-foot buffer strip and other Commission standards below come from the Conservation Commission's regulations dated July 6, 2021, which may have changed since; the wetlands bylaw text is current through 2026.

Scituate's local Wetlands Protection By-law bars anyone from removing, filling, dredging or altering land in or within 100 feet of any freshwater or coastal wetland, marsh, bank, beach, dune, flat, lake, river, pond, stream or estuary, or on land subject to tidal action or coastal storm flowage, without first filing a notice with the Conservation Commission [1]. The Commission's regulations call that 100-foot area the buffer zone, extended to 250 feet around vernal pools [2]. Additions, decks, sheds, regrading and clearing all count. If you're unsure, ask the Commission for a determination of applicability first.

The 50-foot buffer strip

The regulations require a continuous undisturbed buffer strip at least 50 feet wide from the edge of protected resource areas, left in a natural state; the Commission can require more or less case by case [3]. The 50-foot strip doesn't apply to the buffer zone around areas that are only flood-prone, such as land subject to coastal storm flowage [3]. Cutting vegetation in a resource area or the buffer strip is limited to vista cutting and pruning [6], and selective pruning can't remove any tree over 4 inches in diameter [7].

Coastal banks and dunes

Any project on a coastal bank or within 100 feet landward of its top must have no adverse effect on the bank's stability [4]. On a coastal dune, a project accessory to an existing building may be allowed if it minimizes harm to the dune [5].

Zoning overlay districts

  • In the Saltmarsh and Tideland Conservation (D) District, no structure may be built except non-commercial docks, catwalks, wharves or floats [8].
  • In the Flood Plain and Watershed Protection District, only listed uses such as gardens, lawns, fences, and garages or tool sheds serving a house that existed in 1992 are allowed by right [10]; substantial improvements need a Board of Appeals special permit. The Commission also requires a permit for all development in FEMA flood zones.

Expanding an existing house

The Building Commissioner may approve changes to a dimensionally nonconforming house if the work meets setbacks and height and adds no more than 20% to the floor area [9]. Other changes need a Board of Appeals finding, and increasing a nonconformity needs a variance [11].

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Next steps

  1. Before planning work near water, call the Conservation Commission to confirm whether your lot is in the 100-ft buffer zone, the riverfront area, or a FEMA flood zone.
  2. File a Request for Determination of Applicability if you're unsure, or a Notice of Intent with plans showing resource areas, the 50-ft buffer strip and the limit of work.
  3. Wait for the Commission's Order of Conditions, then apply to the Building Department (781-545-8716); expansions of nonconforming homes may also need a Zoning Board of Appeals finding.

Common questions

Do I need approval to build near a wetland or the water in Scituate, Massachusetts?
Yes. Work within 100 feet of a wetland, marsh, beach, dune, bank or water body, or on land subject to tidal action or coastal flooding, needs Conservation Commission approval.
How big is the required buffer near wetlands in Scituate, Massachusetts?
The Commission's regulations require a 50-foot undisturbed vegetated buffer strip next to resource areas, though the Commission may vary it.
Can I cut trees near wetlands in Scituate, Massachusetts?
Tree removal near resources is limited to vista cutting and pruning, and no trees over 4 in. diameter are removed under selective pruning.
Can I expand a nonconforming house in Scituate, Massachusetts?
The Building Commissioner may allow up to 20% more floor area if setbacks are met. Otherwise a ZBA finding or variance is needed.

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

  1. Sec. 30710 (Local Wetlands Protection By-law, Purpose), Code of General Bylaws (revisions voted at ATM April 13, 2026; AG approved July 9, 2026), p. 70
    No person shall remove, fill, dredge or alter any of the following resource areas: in or within one hundred (100) feet of any freshwater wetland, coastal wetland, marsh, wet meadow, bog or swamp; in or within one hundred (100) feet of any bank, beach, dune, or flat; in or within one hundred (100) feet of or any lake, river, pond, stream, creek or estuary; or any land under said waters; or on any land subject to tidal action, coastal storm flowage or flooding, without first filing written notice of their intention so to remove, fill, dredge, or alter by sending a separate letter, by certified mail, to Scituate Conservative Commission at least 21 days prior to any hearing for removing, filling, dredging or altering.
  2. SWR 10.04 (Definitions, Buffer Zone), Conservation Commission Wetlands Protection Rules and Regulations (Bylaw Sec 30770; revised July 6, 2021), p. 10
    Buffer Zone: Area of land within 100 feet of a resource area, except in the case of vernal pools, where the buffer zone shall be 250 feet.
  3. SWR 10.05(10)(b)(i) (Buffer Strip), Conservation Commission Wetlands Protection Rules and Regulations (Bylaw Sec 30770; revised July 6, 2021), p. 32
    There shall be a continuous undisturbed Buffer Strip (hereafter referred to as the Buffer Strip), a minimum of 50 feet in width, from the edge of all areas subject to protection as defined in the regulations promulgated under Section 30700 of the Town of Scituate Code of Bylaws (with the exception of the Buffer Zone to Bordering Land Subject to Flooding, Isolated Land Subject to Flooding and Land Subject to Coastal Storm Flowage.
  4. SWR 10.30(4) (Coastal Banks), Conservation Commission Wetlands Protection Rules and Regulations (Bylaw Sec 30770; revised July 6, 2021), p. 40
    Among other concerns, any project on a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank.
  5. SWR 10.28(4) (Coastal Dunes), Conservation Commission Wetlands Protection Rules and Regulations (Bylaw Sec 30770; revised July 6, 2021), p. 39
    Notwithstanding the provisions of SWR a-f above, if a building already exists upon a coastal dune, or in the buffer zone of same, a project accessory to the existing building may be permitted, provided that such work, using the best commercially available measures, minimizes the adverse effect on the coastal dune.
  6. SWR 10.05(10)(f) (Pruning and Clearing), Conservation Commission Wetlands Protection Rules and Regulations (Bylaw Sec 30770; revised July 6, 2021), p. 33
    The cutting, removal or other destruction of above-ground vegetation within a Resource Area (e.g. wetland bank) and within the required buffer strip will be strictly regulated and limited to Vista Cutting and Pruning.
  7. SWR 10.05(11) (Definitions, Selective Pruning), Conservation Commission Wetlands Protection Rules and Regulations (Bylaw Sec 30770; revised July 6, 2021), p. 34
    No tree whose trunk is greater than four (4") inches in diameter at breast height (DBH) shall be removed.
  8. Sec. 460.1 (Saltmarsh and Tideland Conservation District), Zoning Bylaw (including changes approved by April 13, 2026 Annual Town Meeting; AG approved July 9, 2026), p. 34
    In a D District no structure shall be erected except non-commercial docks, cat walks, wharves or floats, nor may any area within said district be filled, drained, dredged or excavated except by or under the direction of any Federal, State, County or town agency or as otherwise provided in Subsection 460.2, hereof.
  9. Sec. 810.2(B) (Alteration of Nonconforming Structures), Zoning Bylaw (including changes approved by April 13, 2026 Annual Town Meeting; AG approved July 9, 2026), p. 195
    B. In the case of a dimensionally nonconforming structure with sufficient lot frontage and lot area, where said structure or a portion thereof is nonconforming as to one or more of the dimensional requirements for front, side or rear yard setbacks or maximum height, the proposed repair, alteration, reconstruction, extension or structural change shall meet all dimensional requirements for front, side, or rear yard setbacks or maximum height; provided, that any repair, alteration, reconstruction, extension or structural change which by itself or in the aggregate with other repairs, alterations, reconstructions, extensions or structural changes would increase the gross floor area of the nonconforming structure which existed on the date that the structure became nonconforming by more than 20% may not be permitted by the Building Commissioner pursuant to this paragraph.
  10. Sec. 470.5 (Flood Plain and Watershed Protection District, Permitted Uses), Zoning Bylaw (including changes approved by April 13, 2026 Annual Town Meeting; AG approved July 9, 2026), p. 35
    E. Accessory uses such as flower or vegetable gardens, lawns, fences and non- commercial signs not exceeding three square feet in size. F. Accessory outbuildings including garages and tool sheds serving an existing structure which legally existed on the date of amendment of this section of the bylaw (March 2, 1992).
  11. Sec. 810.2(C), Zoning Bylaw (including changes approved by April 13, 2026 Annual Town Meeting; AG approved July 9, 2026), p. 195
    The repair, alteration, reconstruction, extension or structural change of such nonconforming structure so as to increase an existing nonconformity, or create a new nonconformity, including the extension of an exterior wall at or along the same nonconforming distance within a required yard setback, shall require the issuance of a variance from the Board of Appeals.
This page summarizes Scituate'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/Inspections Department (Building Commissioner & Zoning Enforcement Officer), 600 Chief Justice Cushing Highway (781-545-8716) before you build. Spot an error?