2. Coastal Wetlands Restrictions

Authorities: M.G.L. c. 130, § 105: Protection of Coastal Wetlands; 310 CMR 12.00: Adopting Coastal Wetlands Orders.

Jurisdiction: Coastal wetlands for which Orders pursuant to 310 CMR 12.00 have been adopted in the Commonwealth of Massachusetts.

Applicability: Alteration of any registered wetlands is prohibited.

Regulatory Summary: The purpose of the Coastal Wetlands Restriction Act is to preserve public health, safety and welfare, private property, wildlife, and marine fisheries by the adoption, after suitable public comment, of Orders imposing restrictions on coastal wetlands. Regulated activities in restricted wetlands include dredging, filling, removing, otherwise altering, or polluting coastal wetlands. Coastal wetlands restriction orders are recorded at the Registry of Deeds. While this program is not currently active, a number of Orders have been recorded and are still in effect.

Review Process: Proposed alterations to registered wetlands are reviewed by local Conservation Commissions through the Notice of Intent (NOI), as described under the Wetlands Protection Act (17). A list of towns with registered wetlands can be obtained at www.mass.gov/dep/water/resources/commlist.htm.

Forms: WPA Form 3, Notice of Intent at http://www.mass.gov/dep/appkits/forms.htm.

Fees: Based on the category of the proposed activity and resources affected (310 CMR 10.03).

Website: www.mass.gov/dep/water/resources/commlist.htm.

Contact: Department of Environmental Protection Wetlands Restrictions (617) 292-5695.