Wetlands Protection Act (WPA) Overview

At the local level, the community’s Conservation Commission administers the Wetlands Protection Act. On the state level, the Department of Environmental Protection (MassDEP) oversees administratin of the law. MassDEP develops regulations and policies, and provides technical training to commissions. MassDEP also hears appeals of decisions made by commissions.

The Conservation Commission ensures that proposed activities will not alter resource areas and the public interests they provide by reviewing projects on a case-by-case basis according to regulations (310 CMR 10.00). The regulations describe how each type of resource area provides one or more of the public interests. The regulations also spell out the type and extent of work allowed in resource areas. Proposed work must meet these standards. This information helps landowners and developers plan their work and helps commissions apply the law to specific projects.

The law regulates many types of work in resource areas, including vegetation removal, regrading, and construction of houses, additions, decks, driveways, and commercial or industrial buildings. If you want to work in a wetland resource area or within 100 feet of a wetland (an area called the buffer zone), contact the Conservation Commission before you start work.

If you are unsure whether your proposed work site is in a resource area or whether the work will alter a resource area, you can apply for a Request for Determination of Applicability (WPA Form 1). If the Conservation Commission determines that the work will alter a resource area, you must file an application, called a Notice of Intent (NOI), and pay an application fee.

The NOI requires a plan describing the details of the proposed project, location of wetland resource areas and buffer zones, and measures to be taken to protect them. This information can be found in the regulations and application instructions. Contact the Conservation Commission for guidance on the content and detail needed in plans.

The Commission will visit the site to verify the resource area boundaries on the property. At a public hearing on the project, the applicant may present information, and abutters and other members of the public may ask questions.

Following the hearing, the commission will issue a permit, called an Order of Conditions. The Order will either approve the project — with special conditions that will protect the public interests — or deny the project if impacts to resource areas cannot be avoided or mitigated.

The applicant, landowner, any aggrieved person, abutter, group of 10 citizens, or MassDEP may appeal the local commission’s decision to MassDEP.