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Building Near the Water (Wetlands Rules) in Massachusetts: rules in 25 towns compared
What can I build or change near the water or wetlands? Here's how each town answers it. Click a town for the details and the exact bylaw text.
Last reviewed
This page is for Massachusetts homeowners planning work near a wetland, pond, stream, river or the coast, whether that's an addition, a deck, a shed, a driveway, regrading or clearing. 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. Protected areas include wetlands, banks, beaches, dunes, marshes, land under ponds and streams, and 100-year floodplains, plus the riverfront area (200 feet from a perennial river or stream) and a buffer zone within 100 feet of a wetland or similar resource area. If you're unsure whether the law applies, file a Request for Determination of Applicability; if the work will affect a resource area, file a Notice of Intent and get an Order of Conditions.
In all 25 towns we cover for this topic, work near water needs Conservation Commission review, and every town except Belmont and Swampscott also has its own wetlands bylaw, most of them stricter than state law. Brookline sets a 150-foot buffer zone. Many towns, including Lexington, Andover, Hingham, Cohasset, Duxbury, Manchester-by-the-Sea and Chatham, keep new structures at least 50 feet from wetlands or water unless the Commission grants a waiver, Dover generally keeps new structures 70 feet away, and Lincoln allows no permanent structures in the buffer on lots created after March 29, 2003. Pick your town below for the details and the bylaw text.
Town-by-town comparison
| Town | Verdict | Short answer |
|---|---|---|
| Wellesley | Allowed with board review | Building, filling or altering land within 100 ft of a wetland, pond or stream, or within 200 ft of a perennial river or stream, needs a permit from Wellesley's Wetlands Protection Committee. Its regulations bar almost all work within 25 ft of a water body, bank or vegetated wetland (the 25-foot No Disturbance Zone) unless you get a waiver. |
| Weston | Allowed with board review | Work near water in Weston needs a permit from the Conservation Commission under the town's Wetlands Protection By-law. It covers wetlands, ponds and streams, plus a 100-ft buffer zone and land within 200 ft of rivers. Within 25 ft of a resource area, almost nothing is allowed without a waiver. Mapped wetlands and floodplain districts also strictly limit new buildings and expansions under zoning. |
| Lexington | Allowed with board review | Work within 100 feet of a wetland, stream, pond or floodplain in Lexington needs a permit from the Conservation Commission under the town's wetland bylaw. The Commission's rules bar new structures, driveways or paving within 50 feet of a wetland except in extraordinary circumstances, and prohibit removing trees or shrubs within 25 feet. |
| Concord | Allowed with board review | Work within 100 ft of a wetland, pond or stream, or within 200 ft of a river, needs Natural Resources Commission review under Concord's Wetlands Bylaw. New structures and expansions are prohibited within 25 ft of the resource area unless the Commission grants a waiver, and allowed between 25 and 50 ft only in exceptional circumstances with mitigation. Lawn conversions to decks, sheds or pools more than 50 ft away are exempt. |
| Brookline | Allowed with board review | Brookline's Wetlands Protection Bylaw covers more than state law. It protects ponds of 5,000 sq ft or more, isolated wetlands of 2,500 sq ft or more, vernal pools and intermittent streams, and sets a 150-foot buffer zone. You need a Conservation Commission permit, issued after a public hearing, before altering any resource area or work inside that buffer. |
| Needham | Allowed with board review | Work within 100 feet of a wetland, bank, pond, river or stream, or on land subject to flooding, needs a permit from the Needham Conservation Commission under the town's Wetlands Protection By-Law. The Commission's regulations bar any regulated activity within 25 feet of wetlands and water bodies, or 50 feet where the area provides wildlife habitat (presumed unless shown otherwise) or is undeveloped, unless the Commission grants a waiver. |
| Dover | Allowed with board review | Work within 100 feet of a wetland, pond, lake or intermittent stream, or within 200 feet of a river or perennial stream, needs a Conservation Commission permit under the Dover Wetlands Protection Bylaw. Inside that buffer, new structures generally must stay 70 feet from the resource area and any disturbance 50 feet away, with a 100-foot no-disturb zone around vernal pools. |
| Sudbury | Allowed with board review | Work near water in Sudbury needs a permit from the Conservation Commission under the town's Wetlands Administration Bylaw, which covers land within 100 feet of wetlands, ponds and streams and 200 feet of perennial streams and rivers. The Commission starts from the presumption that this buffer is best left undisturbed and can require a strip of untouched vegetation. In the Flood Plain Overlay District, new or enlarged structures are prohibited unless the Zoning Board of Appeals grants a special permit. |
| Wayland | Allowed with board review | Building, clearing, filling or other changes within 100 feet of a wetland, pond or stream, or within 200 feet of a perennial stream, need a permit from the Wayland Conservation Commission under the town's wetlands bylaw (Chapter 194). The Commission generally won't allow new construction within the first 100 feet of a perennial stream, and it requires an unmowed vegetated strip next to wetlands: 15 feet for additions and 30 feet for new homes. |
| Lincoln | Allowed with board review | Lincoln's local Wetlands Protection Bylaw goes further than state law. Any work within 100 feet of a wetland, pond or stream, or 200 feet of a river or perennial stream, needs a permit (an Order of Conditions) from the Conservation Commission. Within 50 feet of most wetlands and ponds, the Commission presumes work will cause harm unless you prove otherwise with clear and convincing evidence. On lots created after March 29, 2003, it won't allow permanent structures anywhere in the buffer. |
| Belmont | Allowed with board review | Belmont has no local wetlands bylaw in the documents we reviewed, so work near brooks, ponds and wetlands is reviewed by the Conservation Commission under the state Wetlands Protection Act. The Zoning By-Law adds a Floodplain District (FEMA Zones A and AE) where new buildings are prohibited and substantial improvements to existing homes need a special permit from the Zoning Board of Appeals. |
| Winchester | Allowed with board review | Any building, grading, filling or tree removal within 100 ft of a wetland, pond, river or stream in Winchester needs a permit from the Conservation Commission under the town Wetlands Bylaw. Within 25 ft of the water, the Commission presumes no alteration at all, including structures, will be allowed except for narrow listed exceptions. |
| Andover | Allowed with board review | Work within 100 feet of a wetland, pond or stream, or within 200 feet of a river, needs a permit from the Andover Conservation Commission under the town's Wetlands Protection Bylaw. New buildings that need a building permit must generally stay 50 feet from the resource area. No vegetation may be removed within 25 feet. |
| Hingham | Allowed with board review | Work within 100 feet of any wetland, bank, beach, marsh, pond, stream or the ocean (or 200 feet of a river) needs Conservation Commission approval under Hingham's Wetlands Protection By-Law. The local regulations set a 50-foot minimum setback from resource areas for houses, decks, garages, pools, driveways and clearing; within 50 feet, new buildings, sheds, pools and vegetation removal are prohibited unless the Commission makes a special finding. |
| Cohasset | Allowed with board review | Any building, filling, clearing or other alteration within 100 feet of a wetland, bank, pond, stream, estuary or tidal flood area in Cohasset needs a Conservation Commission permit under the town wetlands bylaw. The Commission's rules allow no alterations at all in the inner 50 feet unless it grants a variance. |
| Duxbury | Allowed with board review | Work within 100 feet of any wetland, bank, beach, marsh or water body in Duxbury, or within 200 feet of a river, needs Conservation Commission approval under the town wetlands bylaw. The Commission's regulations bar new foundation-built structures within 50 feet of a resource area (35 feet on open piles) and lawns or patios within 25 feet. Zoning also generally prohibits building within 25 feet of the water unless the Board of Appeals grants a special permit. In FEMA coastal velocity (V) zones, the regulations prohibit new buildings and additions. |
| Manchester-by-the-Sea | Allowed with board review | Work within 100 feet of a wetland, beach, dune, coastal bank or other resource area (200 feet of a river or perennial stream) needs a permit from the Conservation Commission under Manchester-by-the-Sea's General Wetlands By-law. The town's regulations bar new structures within 50 feet, and any disturbance within 30 feet, of a salt marsh, wetland, vernal pool, coastal bank or stream bank unless a waiver is granted. |
| Nantucket | Allowed with board review | Any work within 100 feet of a wetland, beach, dune, coastal bank, pond or marsh needs a filing with the Nantucket Conservation Commission. The local regulations keep a 25-foot undisturbed buffer and a 50-foot structure-free zone, and new non-water-dependent structures must generally be at least 75 feet from coastal beaches, dunes, banks and salt marshes (50 feet with buffer enhancement). |
| Chatham | Allowed with board review | Almost any work within 100 feet of a wetland, bank, beach, pond or the ocean (200 feet of a river) needs a Chatham Conservation Commission permit. New structures, pools, fences and lawns are barred within 50 feet unless a variance is granted, and buildings must also meet a 50-foot zoning setback from the Coastal Conservancy District. |
| Falmouth | Allowed with board review | Work within 100 feet of a wetland, bank, beach, pond or the ocean needs Conservation Commission approval under Falmouth's wetlands bylaw. The commission's regulations (2014 compilation, which may have changed) keep a 25- to 100-foot no-disturbance zone, depending on the resource, where no work is allowed if it is naturally vegetated. Zoning separately keeps new houses at least 50 feet from the ocean, bays, tidal rivers and ponds. |
| Barnstable | Allowed with board review | Almost any work within 100 feet of a wetland, pond, marsh, beach, coastal bank or flood-prone land needs a permit from the Barnstable Conservation Commission under the town's Wetlands Protection Ordinance (Ch. 237). The Commission's rules require keeping a 50-foot undisturbed natural buffer next to the resource area, and hardscape or landscaping closer than that needs a waiver plus 4:1 mitigation planting. The Commission's regulation also notes zoning construction setbacks of 35 feet from wetlands and 50 feet from mean high water, but we couldn't review the zoning ordinance itself. |
| Scituate | 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. |
| Swampscott | Allowed with board review | 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. |
| Hamilton | Allowed with board review | Work near a wetland, pond, lake or stream in Hamilton needs a permit from the Conservation Commission. The town's wetlands bylaw sets a no-disturbance zone and a no-build zone next to wetlands: on residential lots that were occupied, or had a house building permit, by December 31, 2007, nothing may be disturbed within 25 feet and nothing built within 50 feet; on other lots those limits are 50 and 75 feet. |
| Carlisle | Allowed with board review | Work that could alter wetlands, banks, ponds, streams, floodplain or the surrounding Buffer Zone needs Carlisle Conservation Commission approval under the town's wetlands bylaw (General Bylaws Art. XIII), through a Request for Determination or a Notice of Intent. Carlisle's zoning also has a Wetland/Flood Hazard District overlay. In that district, expanding a house needs a Planning Board flood-safety determination, and accessory structures over 180 sq ft need a special permit. |
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.
Common questions about wetlands rules in Massachusetts
- Do I need Conservation Commission approval to build near a wetland in Massachusetts?
- Usually yes. Most work within 100 feet of a wetland, bank, beach or similar resource area, or within 200 feet of a perennial river or stream, needs Conservation Commission review under the Wetlands Protection Act. Contact the Commission before you start; local wetlands bylaws can add stricter rules.
- What is the wetland buffer zone in Massachusetts?
- Under state rules, the buffer zone is land within 100 feet of a wetland, bank, beach or similar resource area, and most work there needs Conservation Commission review. Many towns' wetlands bylaws add larger buffers or no-build and no-disturb zones, so the rules vary by town.
- What is the riverfront area in Massachusetts?
- The riverfront area extends 200 feet from a perennial river or stream, shrinking to 25 feet in certain dense urban areas. It's protected under the Wetlands Protection Act, so work there needs Conservation Commission review.
- What is the difference between an RDA and a Notice of Intent in Massachusetts?
- An RDA is the first step when you are unsure. A Request for Determination of Applicability (RDA) asks the Conservation Commission whether the law applies to your work. If the work will affect a resource area, you file a Notice of Intent (NOI) with plans and a fee, a public hearing follows, and the Commission issues an Order of Conditions approving or denying it.
- Does Massachusetts have shoreland zoning?
- No. Massachusetts has no shoreland zoning law like some states. Work near water is regulated under the Wetlands Protection Act and local wetlands bylaws, enforced by your Conservation Commission.
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