310 CMR 10.00 establishes procedures for conservation commissions and MassDEP to follow in issuing licenses and permits under the Wetlands Protection Act (MGL c. 131, s.40).
310 CMR 10.00: The Wetlands Protection Act file size 1MB
These regulations effective October 24, 2014.
310 CMR 10.00 Email for questions: DEP.Wetlands@state.ma.us
Appendix to Wetlands Regulations
- Prefaces to Prior Revisions of 310 CMR 10.00 file size 1MB
NOTE: This document is NOT part of the Wetlands regulations. Preambles to previous versions from 1983 to 2002, providing detailed explanations of major revisions: perennial rivers and intermittent streams; mean annual high water; riverfront area; wildlife habitat protection; rights-of-way management; dredging and filling; fee schedules; technical definitions; land in agricultural use; landfill closures; dam safety; airport safety; water-supply development; waste-site cleanup; and emergency certifications
Summary of revisions to the Wetlands Protection Act Regulations (310 CMR 10.00) and the Water Quality Certification Regulations (314 CMR 9.00), promulgated in January 2008, updating provisions and applicability of the Massachusetts Stormwater Management Standards.
310 CMR 10.00: Proposed Amendments & Public Comment
- There are no proposed regulations out for public comment at this time.
310 CMR 10.00: Recently Promulgated Amendments
- There have been no recent amendments to these regulations.
Wetlands Protection Act Permit Forms
- Notary Block No Longer Required for Wetlands Permits
Explains the removal of the notary block from certain Wetlands Permits.
- WPA Form 1: Request for Determination of Applicability
This process enables the applicant to seek a determination of whether the provisions of the Wetlands Protection Act apply to a particular land area, determine the boundaries of a wetland resource area, or other circumstances under which proposed work would be regulated by the Act.
- WPA Form 2: Determination of Applicability
This form records which provisions of the Wetlands Protection Act and regulations apply to a proposed project. Updated December 2014.
- WPA Form 3: Notice of Intent
The Wetlands Protection Act prohibits the removal, dredging, filling, or altering of wetlands without a permit. A Notice of Intent is required to obtain such a permit. This form is also available for electronic filing via eDEP Online Filing . NOTE: Applicants for Ecological Restoration Limited Projects cannot use eDEP and must attach Appendix A to their submittal. Revised April 2015 to include riverfront-area impact for coastal resource areas.
- WPA Form 3 (Notice of Intent) Appendix A: Ecological Restoration Limited Project Checklists
This form is required to complete an Ecological Restoration Limited Project application. Applicants must provide the supporting documentation outlined in the Appendix and sign the certification that affirms that the project meets all eligibility requirements. Revised September 2015 (corrected typographical error).
- WPA Form 3A - Notice of Intent for an Ecological Restoration Project
This application for eligible project types (dam removal, freshwater stream crossing repair and replacement, stream daylighting, tidal restoration, rare species habitat restoration, fish passageway restoration) is required to obtain a Restoration Order of Conditions (Form 5A). Revised April 2015 to include riverfront-area impact for coastal resource areas.
- WPA Form 4: Abbreviated Notice of Intent
This form simplifies filing requirements for projects which are likely to result in limited impacts to wetland resource areas. Revised December 2014.
- WPA Form 4A: Abbreviated Notice of Resource Area Delineation
This form provides a procedure for an applicant to confirm the delineation of a bordering vegetated wetland. Electronic filing is also available via eDEP Online Filing .
- WPA Form 4B: Order of Resource Area Delineation
This form is for use by Conservation Commissions in response to a request for resource area delineation. Updated December 2014. Electronic filing is also available via eDEP Online Filing .
- WPA Form 5: Order of Conditions
This form is for use by Conservation Commissions when issuing an Order of Conditions to an applicant under the Wetlands Protection Act. Revised April 2015 to include riverfront-area impact for coastal resource areas. Electronic filing is also available via eDEP Online Filing ; note, however, that the eDEP version does not include the 2014-2015 updates.
- WPA Form 5A: Restoration Order of Conditions
This form is to be used for projects designed to address ecological restoration for dam removal, freshwater culvert repair or replacement; culvert replacement to improve tidal flow; stream daylighting; restoration of rare-species habitat; and fish-passage improvement. Revised April 2015 to include riverfront-area impact for coastal resource areas.
- WPA Form 6: Notice of Non-Significance
This form is used to record a Conservation Commission's determination that a proposed project does not require an Order of Conditions because the project does not significantly impact an area identified in the Wetlands Protection Act. Revised December 2014.
- WPA Form 7: Extension Permit for Order of Conditions
This form records the approved extension of an unexpired Order of Conditions.
- WPA Form 8a: Request for Certificate of Compliance
Upon completion of the work authorized in an Order of Conditions, the property owner must request a Certificate of Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed.
- WPA Form 8b: Certificate of Compliance
A Certificate of Compliance is issued upon full or partial completion of work authorized in an Order of Conditions, or if the work never commenced and a new Notice of Intent and Order of Conditions are required.
- WPA Form 9: Enforcement Order
Notice of activity in violation of the Wetlands Protection Act and required corrective action(s).
- Wetlands Protection Act Emergency Certification Form
Certification for work in a resource area resulting from a natural disaster or other emergency.
Other Wetland Permits
- BRP WM 04: Herbicide Application
This license provides a review of chemical applications to lakes and ponds for maximum environmental health, and provides a means for keeping records of chemicals used. Revised January 2011.
- BRP WW 13: Renovation of Abandoned Cranberry Bogs
This permit is required when seeking to renovate an eligible abandoned cranberry bog for commercial cranberry cultivation. Revised February 2002.
314 CMR 9.00: 401 Water Quality Certification
The amended 401 Water Quality Certification regulations at 314 CMR 9.00 establish procedures and standards for issuing state certifications under Section 401 of the federal Clean Water Act for dredge and fill activities requiring a federal permit. Changes in the 401 Water Quality Certification regulations overlap with the Wetlands regulations (310 CMR 10.00) by establishing rules that allow:
- Ecological restoration projects under the Wetland regulations to be exempt from 401 water quality certification, except for projects involving 100 cubic yards or more of dredging, or dredging of any amount in an ORW, for newly authorized;
- Exemptions for some short-term testing of innovative technologies permitted under the Wetlands regulations.
- The creation of a combined permit application for 401 water quality certification permit and waterways licensing where there is overlap. Note: wetlands permitting remains within the authority of conservation commissions, so it is not currently available as an option for a Combined Permit Application with the 401 water quality certification and Waterways licensing.
This form reflects regulatory amendments to 310 CMR 9.00 and 314 CMR 9.00 for combined review and permitting of projects subject to certain dredging, excavation and fill activities under Chapter 91 and the 401 Water Quality Certification Regulations. This is an application for a combined permit from MassDEP only. For questions please contact Ken Chin (617-292-5893 or Ken.Chin@state.ma.us). Revised January 2016.
Wetland Fee Transmittal Forms and Appendices
- Request for Departmental Action Fee Transmittal Form
This form is to be used for appeals to MassDEP to Request for a Superseding Order of Conditions, Superseding Order of Resource Area Delineation and Superseding Determination of Applicability. Revised December 2014.
- ANRAD Wetland Fee Transmittal Form
This fee transmittal form accompanies the Abbreviated Notice of Resource Area Delineation (WPA Form 4A).
- NOI Wetland Fee Transmittal Form
This fee transmittal form accompanies the Notice of Intent (WPA Form 3) or Abbreviated Notice of Intent (WPA Form 4).
- Areas of Critical Environmental Concern
Areas of Critical Environmental Concern (ACECs) are places in Massachusetts, so designated by the Secretary of Energy & Environmental Affairs, that receive special recognition because of the quality, uniqueness and significance of their natural and cultural resources. Projects within ACECs are subject to greater scrutiny to avoid or minimize their environmental impact.
- Stormwater Report: Checklist
This Checklist is a preparation guide for writing the Stormwater Report. Both the Checklist and the Stormwater Report should be submitted with the Notice of Intent (WPA Form 3) when a project is subject to the stormwater management provisions of the Wetlands Protection Act. Revised April 2008.
- Contacts & Locations