Building near the water in Swampscott, Massachusetts (wetlands rules)
Work near water in Swampscott is reviewed by the Conservation Commission under the state Wetlands Protection Act, which covers wetlands, coastal banks, beaches and flood plains plus a 100-foot buffer zone; projects that may affect them need a Notice of Intent and an Order of Conditions. The zoning bylaw adds a Wetland Protection Overlay District where new buildings are prohibited, and a Floodplain Overlay District where all development, even fences and sheds, needs a permit and new construction in VE zones must be landward of mean high tide.
| Conservation Commission jurisdiction | All wetlands plus land within the 100-foot buffer zone [1] |
| Approval | Notice of Intent filed with the Conservation Commission; Order of Conditions issued [2] |
| Wetland Protection Overlay District | No new or enlarged buildings or structures; no filling that reduces flood storage [3] |
| Floodplain Overlay District permit | Required for all development, including fences and sheds [5] |
| VE (coastal high hazard) zone | New construction must be landward of mean high tide [6] |
| Existing structures in VE below base flood elevation | May not be expanded [7] |
The zoning rules here come from the zoning bylaw version updated through the May 19, 2025 Town Meeting and may have changed since.
Conservation Commission and the Wetlands Protection Act
Swampscott has no local wetlands bylaw, so the state Wetlands Protection Act governs. The Conservation Commission has jurisdiction over all wetlands in town and all land within the 100-foot buffer zone next to waterways and wetlands [1]. It reviews Notices of Intent and issues Orders of Conditions for projects that may affect wetlands, coastal banks, beaches or flood plains [2]. Additions, decks, seawalls, regrading and clearing near the shore all likely need review.
Wetland Protection Overlay District (zoning)
Land on the town's Wetland Protection District Map (dated April 1, 1976, as amended) is in an overlay where no building or other structure may be built, enlarged or created, and no filling or excavation that reduces flood storage is allowed [3]. Low-impact uses like conservation and recreation are encouraged. The Board of Appeals can grant special permits for limited items such as driveways or walkways where there's no reasonable alternative, and small recreational structures up to 100 square feet. An owner can also prove at a hearing that the land isn't really wetland.
Floodplain Overlay District (zoning)
FEMA flood zones AE, AO and VE form the Floodplain Overlay District [4]. Every kind of development there needs a permit, including fences, sheds and paving [5], and must comply with the Wetlands Protection Act, the state building code's flood rules and Title 5. In VE (coastal high hazard) zones, new construction must be landward of the reach of mean high tide [6], existing structures below base flood elevation can't be expanded [7], and man-made changes to sand dunes that increase flood damage are prohibited. A dimensional special permit can allow extra height to raise a building above flood elevation in coastal flood areas.
Trees
The town tree bylaw protects public shade trees and town trees, not trees on private lots.
Next steps
- Check the FEMA flood map and the town's Wetland Protection District Map, and ask the Conservation Agent (781-596-8829 ext. 1241) whether your project is within 100 feet of a resource area.
- If it is, file a Request for Determination of Applicability or a Notice of Intent with the Conservation Commission and wait for its decision before building.
- Apply for a building permit with the Building Department, showing flood zone, base flood elevation and existing elevations on the plan.
- For work in the Wetland Protection Overlay District, apply to the Zoning Board of Appeals for any special permit needed.
Common questions
- Do I need approval to build near a wetland in Swampscott, Massachusetts?
- Yes. The Conservation Commission reviews work under the state Wetlands Protection Act, covering wetlands, coastal banks, beaches and flood plains plus a 100-foot buffer zone. Projects need a Notice of Intent and an Order of Conditions.
- Can I build in the Wetland Protection Overlay District in Swampscott, Massachusetts?
- No. New or enlarged buildings or structures are prohibited, as is filling that reduces flood storage. Check the map at the Town Clerk.
- Do I need a permit for a fence or shed in the floodplain in Swampscott, Massachusetts?
- Yes. In the Floodplain Overlay District, all development, including fences and sheds, needs a permit.
- Can I build in a VE zone in Swampscott, Massachusetts?
- New construction must be landward of mean high tide. Existing structures in VE below base flood elevation may not be expanded.
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
- Overview, Conservation Commission (Wetlands Protection Act jurisdiction), p. 1
Under the Wetlands Protection Act (Massachusetts General Law 131, Section 40), the Conservation Commission has jurisdiction over all of the wetlands in Swampscott and all land within the 100 foot buffer zone adjacent to the waterways and wetlands.
- What are its duties and responsibilities?, Conservation Commission (Wetlands Protection Act jurisdiction), p. 1
The Commission devotes much of its time on the first job: reviewing permit applications (called Notices of Intent) and issuing permits (called Orders of Conditions) for proposed projects that may affect the Town's wetlands, coastal banks, beaches, or flood plains.
- Sec. 4.1.6.0 Prohibited Uses, Zoning By-Law (Version 5-21-25; updated through Annual Town Meeting May 19, 2025), p. 45
4.1.6.0. Prohibited Uses. No building or other structure shall be erected, constructed, enlarged or otherwise created for any residence or other purposes; no filling, dumping, excavation, removal or transfer of gravel, sand, loam, or other material which will restrict or impede water flow or reduce the normal or flood water storage capacity shall be permitted.
- Sec. 4.2.3.0 Location of District, Zoning By-Law (Version 5-21-25; updated through Annual Town Meeting May 19, 2025), p. 46
The FOD includes all special flood hazard areas within the Town of Swampscott designated as Zone AE, AO, or VE on the Essex County Flood Insurance Rate Map (FIRM), dated July 8, 2025 issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program (NFIP).
- Sec. 4.2.4.1 Permit Requirements, Zoning By-Law (Version 5-21-25; updated through Annual Town Meeting May 19, 2025), p. 49
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. 4.2.5.5, Zoning By-Law (Version 5-21-25; updated through Annual Town Meeting May 19, 2025), p. 50
4.2.5.5. All new construction within Zone VE must be located landward of the reach of mean high tide.
- Sec. 4.2.7.2, Zoning By-Law (Version 5-21-25; updated through Annual Town Meeting May 19, 2025), p. 51
4.2.7.2. Existing uses/structures located on the land below the base flood elevation in coastal high hazard areas (Zone VE) shall not be expanded; repairs and alterations not exceeding substantial improvement shall be in accordance with the Massachusetts State Building Code (780 CMR).