Guidance for Boards of Health and Conservation Commissions addressing beaver activity

City and town Boards of Health (BOH) and Conservation Commissions have a role in assessing beaver-caused property damage and determining what actions, if any, can be taken.

Effective July 21, 2000, under Massachusetts General Law Chapter 131, Section 80a, city and town Boards of Health (BOH) are statutorily responsible for assessing complaints regarding beaver-caused property damage and determining whether the situation constitutes a threat to public health and/or safety. The webpage is a resource for BOH and Conservation Commission officials. Visit this webpage if you are a resident looking to address property damage from beavers.

The role of Boards of Health

Anyone may apply to the BOH for an emergency permit to immediately alleviate a threat to human health and safety from beaver-related activity by trapping beaver, breaching beaver dams, and/or installing water-level control devices. The law includes a list of circumstances that may constitute a threat to human health and safety, but the determination of whether it poses a threat is left to the judgment of the local health officials. If a determination has been made by the BOH that there is a public health or safety threat, the BOH shall issue a 10-day emergency permit.  

The role of Conservation Commissions

While the local BOH has sole authority over the issuance of a 10-day emergency permit, there is joint authority with the local Conservation Commission (ConCom) over the breaching of beaver dams and installing water-level control devices. A ConCom cannot issue a permit to breach dams or install water-level control devices without a BOH emergency permit or permission from MassWildlife. Dam breaching and other water management proposals are subject to the Wetlands Protection Act (M.G.L. c.131, s.40). Emergency Certifications may be issued by the ConCom for up to 30 days to allow for the breaching of beaver dams or the installation of water-level control devices. It’s recommended that the Emergency Certification be issued to overlap the 10-day BOH emergency permit. No matter what process is used, it is essential that the ConCom approves modifications to beaver dams prior to such work occurring. 

Issuing an emergency permit

If the BOH determines that a threat exists, they shall immediately issue an emergency permit. The permit is valid for 10 consecutive days. The emergency permit may authorize the applicant to remedy the problem by:  

• Trapping beaver using box or cage-type traps and otherwise restricted traps, like Conibear traps 
• Breaching of dams, dikes, bogs or berms, subject to determinations and conditions of the local ConCom 
• Use of any non-lethal management or water-level control devices, subject to determinations and conditions of the local ConCom 

Permits issued by the BOH, ConCom, and MassWildlife do not allow permittee(s) or their authorized agent to trespass on private property. If beavers or dams are not located on the permitter's property, they must obtain the property owner’s permission to access their land.   

If they are unable to solve the problem within the 10-day emergency permit period, the applicant, in conjunction with the BOH, can contact their local MassWildlife office to apply for a 30-day extension permit. While awaiting approval from MassWildlife for the 30-day extension permit, the applicant may apply to the BOH for two additional 10-day emergency permits. 

Denying an emergency permit

If the BOH determines that a threat does not exist, the BOH can deny the permit and specify, in writing, the reasons for the denial. In case of a denial, the BOH should inform the applicant they can appeal the decision by contacting the Department of Public Health at [phone] or their local MassWildlife office to determine if the problem is caused by beaver activity or to explore alternative response options.

Who can trap beavers under the emergency permit?

With an emergency permit, any licensed trapper, including Problem Animal Control agents, can be hired to trap beaver to help resolve the problem.

Contact your local MassWildlife office

Call your local MassWildlife office if you need additional information about BOH and ConCom responsibilities regarding beaver-caused property damage.

• Western District, Dalton [phone]
• Connecticut Valley District, Belchertown [phone]
• Central District, West Boylston [phone]
• Northeast District, Ayer [phone]
• Southeast District, Bourne [phone]
• Field Headquarters, Westborough [phone]