"Brownfield" properties often share certain characteristics that may include:
- they are under-utilized or abandoned;
- previous use was commercial or industrial; and
- contamination is documented at the property, or the perception of potential contamination is hindering redevelopment.
Some brownfields properties have been reported to MassDEP because of known contamination, while others may not have been fully assessed and the extent of potential contamination remains unknown.
In 1998, Massachusetts passed a law creating financial incentives and liability relief for parties that take on brownfields cleanup projects. This law is known as the Brownfields Act. The Act provides liability relief and funding to administer programs targeted toward the cleanup and reuse of contaminated property. In 2006, the state made Brownfields Tax Credits transferable, and in 2024 the Brownfields Tax Credit program was extended through January 1, 2029. The legislature also periodically recapitalizes the Brownfields Redevelopment Fund.
The Massachusetts Brownfields program works closely with other state agencies, federal and local government partners, non-profits, and the private sector to assist in the assessment, clean up, and redevelopment of these properties. MassDEP provides technical assistance, funding opportunities, maintains a brownfields inventory, and conducts outreach and community engagement. Additional state incentives can help identify risk, limit liability, and fund cleanup efforts.
Parties who conduct site assessment or cleanup at any property in Massachusetts must do so under the state's cleanup law, Chapter 21E, and cleanup regulations, the Massachusetts Contingency Plan ("MCP", 310 CMR 40.0000) .
Parties undertaking site assessment and cleanup activities in Massachusetts must hire a Licensed Site Professional (LSP) to oversee the work. LSPs are licensed and regulated by the Board of Registration of Hazardous Waste Site Cleanup Professionals (aka, the "LSP Board"). A guide for hiring an LSP and a list of currently licensed individuals are available at the links below.
Brownfields sites require the same level of investigation and remediation as any other site in the MCP system. However, the MCP process allows property owners to take planned future reuses into account when performing a cleanup.
These additional resources link to past success stories, videos, and training that highlight the brownfields program’s work over the years.
