Massachusetts Statewide Rule

Massachusetts Wetlands Protection Act Stormwater Standards Statewide

Heavy RestrictionsApplies statewide across Massachusetts (2026)

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.

Key Facts

Statute: MGL c.131 §40
Regulation: 310 CMR 10.00
Buffer Zone: 100 ft wetlands
Max Penalty: $25,000 per day

Source: Massachusetts General Court

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?

Likely yes. Activity within 100 feet of a wetland or 200 feet of a perennial stream typically requires a Notice of Intent or Request for Determination from the local conservation commission.

Can my city require less stringent stormwater controls?

No. The Stormwater Management Standards under 310 CMR 10.05(6)(k) are a statewide floor; local bylaws can be stricter but cannot weaken these state requirements.

Sources

MGL c.131 §40

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Full Breakdown

Frequently Asked Questions

Do I need a permit for a backyard project near a wetland in Massachusetts?

Likely yes. Activity within 100 feet of a wetland or 200 feet of a perennial stream typically requires a Notice of Intent or Request for Determination from the local conservation commission.

Can my city require less stringent stormwater controls?

No. The Stormwater Management Standards under 310 CMR 10.05(6)(k) are a statewide floor; local bylaws can be stricter but cannot weaken these state requirements.