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Southborough, MA Landscaping Rules: Rainwater Harvesting (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
Southborough Code § 174-13.3(E)(2)(j)[7]
Permit authority
Planning Board LID special permit
LID permit triggers
One acre or more of soil disturbance, or major plan review
Watering recommendation
Rainwater recycling systems, § 174-13(B)(9)
Water supply rule
Cisterns prohibited, § 228-7(B)
Tax lien deadline
Repayment within 30 days

Summary

Southborough treats rainwater capture as a design technique, not a separate permit. The Lower Impact Development bylaw lists rain barrels and other cisterns among the stormwater storage techniques in a Planning Board LID special permit, and the landscaping standard recommends rainwater recycling systems for watering. A Board of Health rule bars cisterns as a private water supply.

(2) To obtain approval for a project subject to the provisions of this bylaw, the applicant shall submit a LID special permit application that meets the LID site design principles stated below, a LID management plan and an operation and maintenance plan that complies with the requirements set forth herein and in the regulations adopted pursuant to this bylaw. ... (j) Techniques integrated into every aspect of site design to create a hydrologically functional lot or site, including the following: [1] Vegetated open channel systems along roads; [2] Rain gardens; [3] Buffer strips; [4] Use of roof gardens where practicable; [5] Use of amended soils that will store, filter and infiltrate runoff; [6] Bioretention areas; [7] Use of rain barrels and other cisterns to provide additional stormwater storage; [8] Use of permeable pavement.

Full Breakdown

Rainwater capture appears in three places in the Town's bylaws. In the Lower Impact Development bylaw, § 174-13.3(E)(2)(j)[7] lists the use of rain barrels and other cisterns to provide additional stormwater storage among the techniques integrated into site design, alongside rain gardens, bioretention areas, roof gardens, amended soils and permeable pavement. In the landscaping standard, § 174-13(B)(9) requires a permanent water supply system or other acceptable watering method for all planting areas, and says the Town recommends sustainable watering systems such as rainwater recycling systems, automatic shut-off devices, drought-tolerant native plant material, and careful irrigation scheduling.

The LID rules apply to a defined set of projects. Under § 174-13.3(C), a LID special permit from the Planning Board is required for any activity subject to major plan review under § 174-10, any activity that will result in soil disturbance of one acre or more, and any residential development or redevelopment of five or more acres proposed under the Subdivision Control Law or a special permit. Subsection D exempts any activity that will disturb an area less than one acre.

An applicant submits a LID special permit application, a LID management plan and an operation and maintenance plan. Under G(1), the management plan must be prepared, stamped and signed by a professional engineer registered in Massachusetts, a registered land surveyor, or a Massachusetts licensed soil evaluator, as appropriate. The Planning Board can waive application requirements that are unnecessary because of the size or character of the project, but requests for waivers must be in writing and the Board's decision must set forth its reasons. Under J(2), the Board can require a cash performance guarantee for the operation and maintenance of permanent LID measures.

Two other rules limit how captured water is used. Section 228-7(B), in the Board of Health's Water Supply chapter, states that cisterns shall be prohibited for private and semipublic water supplies, which that chapter defines as systems serving water for human consumption or domestic uses. Section 223-139 bars any rainwater leader from discharging into or being connected with any sewage disposal system.

Violations & Fines

Section 174-13.3(K) gives the Planning Board or its authorized agent and the Town the power and duty to enforce the LID bylaw and pursue civil and criminal remedies. Under K(1), a violator is subject to fines, civil action, criminal prosecution, and tax liens, as appropriate and as lawfully established by the Town. Under K(2), if the Town is not repaid within 30 days for services the responsible party was obligated to perform under the operation and maintenance plan, it can impose a tax lien. Zoning violations also carry the § 174-24(A) fine not exceeding $300 per offense.

Frequently Asked Questions

Does Southborough require a permit for a rain barrel?
The bylaws print no separate rain barrel permit. Rain barrels and other cisterns appear as a stormwater storage technique in § 174-13.3(E)(2)(j)[7], which applies to projects needing a LID special permit, such as soil disturbance of one acre or more. Activities disturbing an area less than one acre are exempt under subsection D(1).
Does Southborough encourage rainwater recycling for landscaping?
Yes. Section 174-13(B)(9) recommends sustainable watering systems such as rainwater recycling systems, automatic shut-off devices, drought-tolerant native plant material, and careful irrigation scheduling, in order to protect the Town's water supply. It is a recommendation inside the landscaping standard for projects needing Planning Board approval.
Can captured rainwater be used as a drinking water source?
No. The Board of Health's Water Supply chapter, § 228-7(B), states that cisterns shall be prohibited. The chapter defines a private water supply as any system serving water for human consumption or for domestic uses or purposes on one lot, so a cistern cannot be that source.
Which board decides a LID special permit in Southborough?
The Planning Board. Section 174-13.3(E)(1) makes it the special permit granting authority for a LID special permit, issued only in accordance with the bylaw and MGL c. 40A, § 9. The Board can deny a permit under J(8) if the requirements are not met or the application is meant to circumvent other provisions.

Sources & Official References

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