Massachusetts Statewide Rule
Massachusetts Wetlands Protection Act Stormwater Standards Statewide
Key Facts
- Statute
- MGL c.131 §40
- Regulation
- 310 CMR 10.00
- Buffer Zone
- 100 ft wetlands
- Max Penalty
- $25,000 per day
Summary
Massachusetts regulates stormwater discharges under the Wetlands Protection Act (MGL c.131 §40) and 310 CMR 10.00, applying uniform Stormwater Management Standards to projects affecting wetlands and waterways.
(2) No person shall discharge pollutants into waters of the commonwealth nor construct, install, modify, operate or maintain an outlet for such discharge or any treatment works, without a currently valid permit issued by the director.
Full Breakdown
Under MGL c.131 §40 and 310 CMR 10.00, any work within 100 feet of a wetland or 200 feet of a perennial stream requires a Notice of Intent and must meet the Massachusetts Stormwater Management Standards. The standards address peak runoff, recharge, water quality, and Total Maximum Daily Load (TMDL) compliance. Local conservation commissions administer the law but cannot weaken state minimums; they may impose stricter local bylaws under home rule.
Violations & Penalties
Violations under MGL c.131 §40 carry fines up to $25,000 per day, restoration orders, and possible criminal penalties for willful violations.
Frequently Asked Questions
Do I need a permit for a backyard project near a wetland in Massachusetts?
Can my city require less stringent stormwater controls?
Sources
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