Massachusetts Statewide Rule

Massachusetts Erosion And Sediment Control Under Wetlands Act

Heavy RestrictionsApplies statewide across Massachusetts (2026)

Massachusetts erosion and sedimentation controls are mandated statewide through the Wetlands Protection Act (MGL c.131 §40) and the State Stormwater Standards, requiring uniform best management practices on regulated projects.

Key Facts

Statute: MGL c.131 §40
Standard: Stormwater Standard 8
MS4 Threshold: 1 acre disturbance
Regulator: MassDEP / ConsCom

Source: Massachusetts General Court

Full Breakdown

Erosion and sediment control on construction sites in Massachusetts is governed by MGL c.131 §40, 310 CMR 10.00, and the Massachusetts Stormwater Handbook. Standard 8 of the Stormwater Standards specifically requires construction-period erosion and sediment controls on all projects subject to the Wetlands Protection Act. The MS4 General Permit administered through MassDEP also imposes erosion controls on sites of one acre or more in regulated municipalities, applying uniformly across covered communities.

Violations & Penalties

Sediment discharge or failure to install controls can trigger enforcement orders, daily fines under MGL c.131 §40, and federal Clean Water Act penalties for MS4 violations.

Frequently Asked Questions

Are silt fences required on Massachusetts construction sites?

Yes, when projects fall under the Wetlands Protection Act jurisdiction or MS4 permit. Standard 8 requires silt fences, stabilized entrances, and other BMPs throughout construction.

Who enforces erosion control rules in Massachusetts?

Local conservation commissions enforce Wetlands Protection Act controls; MassDEP enforces statewide standards and MS4 permit requirements. Both apply uniform state minimums.

Sources

MGL c.131 §40

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Full Breakdown

Frequently Asked Questions

Are silt fences required on Massachusetts construction sites?

Yes, when projects fall under the Wetlands Protection Act jurisdiction or MS4 permit. Standard 8 requires silt fences, stabilized entrances, and other BMPs throughout construction.

Who enforces erosion control rules in Massachusetts?

Local conservation commissions enforce Wetlands Protection Act controls; MassDEP enforces statewide standards and MS4 permit requirements. Both apply uniform state minimums.