Southborough, MA Landscaping Rules: Rainwater Harvesting (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?
Does Southborough encourage rainwater recycling for landscaping?
Can captured rainwater be used as a drinking water source?
Which board decides a LID special permit in Southborough?
Sources & Official References
Other rules in Southborough
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