Towns Affected by the WsPA
Quabbin Reservoir and Ware River Watershed Communities
These Quabbin Reservoir and Ware River watershed communities have properties regulated by the WsPA: Athol, Barre, Belchertown, Hardwick, Hubbardston, New Salem, Oakham, Orange, Pelham, Petersham, Phillipston, Rutland, Shutesbury, Templeton, Ware, Wendell, and Westminster.
WsPA information, contact:
Quabbin/Ware Region
485 Ware Rd.
Belchertown, MA 01007
(413) 213-7935
allan.rantala@mass.gov
Wachusett Reservoir Watershed Communities
These Wachusett Reservoir watershed communities have properties regulated by the WsPA: Boylston, Clinton, Holden, Leominster, Paxton, Princeton, Sterling, West Boylston, and Worcester.
For WsPA information, contact:
DCR Division of Water Supply Protection
Wachusett/Sudbury Region
180 Beaman St.
West Boylston, MA 01583
(857) 303-5427
Bernadette.DeBlander2@mass.gov
Basic WsPA Information
Land use and development can affect the quality of nearby streams, which then flow into reservoirs and other sources of water supply. The amount and types of pollutants entering a steam vary based on the:
- Type of development
- Density
- Amount of paved surface
- Proximity to a stream
Often it is desirable to preserve a buffer zone beside open water, or limit impervious surface over an aquifer. Physical conditions on the land, however, may allow for different rules due to particular settings.
Protection Zones and Restrictions
Two areas are protected in different ways under the WsPA.
Within 400 feet of the reservoirs and 200 feet of tributaries and surface waters (the "Primary Protection Zone"), any alteration is prohibited (313 CMR 11.04(3)(a)) . "Alteration" includes a variety of activities, such as:
- Construction
- Excavation
- Grading
- Paving
- Dumping
Generation, storage, disposal, or discharge of pollutants is also prohibited in the Primary Zone.
Between 200 and 400 feet of tributaries and surface waters, and on land within flood plains, over some aquifers, and within bordering vegetated wetlands (the "Secondary Protection Zone"), certain activities are specifically prohibited. These include:
- Storage, disposal or use of toxic, hazardous, and certain other materials
- Alteration of bordering vegetated wetlands
- More dense development
- Thresholds regarding impervious surfaces and septic systems
- Other activities as specified in 313 CMR 11.04(3)(b)2
WsPA Regulations and Exemptions
WsPA Regulations
The Watershed Protection Act regulations are 313 CMR 11.00. These regulations were updated in February 2017, including changing the reference number, which used to be 350 CMR 11.00.
The law was passed by the Massachusetts legislature under Chapter 36 of the Acts of 1992. The general law can be found at MGL chapter 92A 1/2.
Exemptions
There are a number of exemptions to the restrictions under WsPA. The most common are:
- Uses, structures and facilities lawfully existing as of July 1, 1992.
- Construction of a single-family dwelling on an existing vacant lot.
- Minor changes to an existing structure.
- Division of an existing owner-occupied parcel to create one additional building lot.
Please go to the regulations, under 313 CMR 11.05, to see the full list of exemptions.
Additional criteria may be required to obtain an exemption. Please contact DCR to confirm an exemption.
Additional Resources
WsPA Applications and Forms
There are several ways to communicate with DCR about projects on your property. You can obtain an Advisory Ruling by sending a letter describing your proposal to DCR. The Watershed Protection Act, however, requires specific applications for a Determination of Applicability, Variance, and Exemption of a Tributary. Applications are available below or by contacting the appropriate Division of Water Supply Protection office.
Guidance Document for Making Applications Under the Watershed Protection Act provides detailed information about filing these applications with DCR.
Please note that if you don’t own the property then you will need authorization from the owner allowing you to submit a request for DCR's review of the proposed work.
Advisory Ruling
This type of application gives an informal indication of whether the WsPA applies to the proposed activity. To apply for an Advisory Ruling, send a letter to one of the DCR addresses and include:
- Description of work proposed
- Copy of the assessor's map (or sheet and parcel number)
- Copy of the deed showing ownership
- Copy of plans or surveys, if available
- Other relevant information
An advisory ruling usually takes a few days to a few weeks, unless the project is complicated and warrants further review.
Determination of Applicability
This application is to determine whether WsPA applies to the proposed activity, or if the activity might be exempt or otherwise not prohibited. It yields a formal determination, with a 60-day time limit for an answer, which may be recorded at the local Registry of Deeds.
WsPA Form 1: Request For Determination of Applicability (word version)
WsPA Form 1: Request For Determination of Applicability (pdf version)
Variance
A landowner can apply for a Variance from the WsPA if a project does apply but they can demonstrate that the proposed activity will not impair water quality. There are specific timing components to a Variance application, including a public hearing. Any proposal for work in the "Primary Protection Zone" or in a Bordering Vegetated Wetland - other than a single family house - must also file an Environmental Notification Form with MEPA. Variance decisions are recorded at the registry of deeds.
Exemption of a Tributary
A landowner, state agency, or town can apply for this exemption if they believe a tributary, or portion of one, can be exempted from the WsPA regulations with no significant risk to water quality.
WsPA Form 5: Request for Exemption of a Tributary (word version)
WsPA Form 5: Request for Exemption of a Tributary (pdf version)
WsPA Data Viewer and List of Affected Parcels
This on-line map allows you to look-up an address in the watershed system and view WsPA regulated areas. The software to display the information was updated in October 2023.
Please be aware that if there is a discrepancy between the location of a tributary on the map and its location in the field, the field location will be used. Also, not all Bordering Vegetated Wetlands are shown; the extent of BVWs is determined by each community's Conservation Commission.
Landowner's are responsible for meeting the WsPA regulations. Anyone proposing a project in the watershed system is encouraged to contact DCR to ensure the correct interpretation of the law.
Click here or on the picture for the WsPA Data Viewer.
You may also look up properties by town and assessor's parcel number in the Watershed Protection Act List of Affected Parcels.
Brochures and Other Guidance
- Watershed Protection Act Brochure
- Brochure on Landscaping and the Watershed Protection Act
- Brochure on Horses and the Watershed Protection Act
- Watershed Protection Act Building Inspector Poster
- Guidance Document for Making Applications Under the Watershed Protection Act
- FAQ Sheet on Watershed Protection Regulations Revisions (2017)
Contact Information
Quabbin Reservoir and Ware River Watershed Communities
DCR Division of Water Supply Protection
Quabbin/Ware Region
485 Ware Rd.
Belchertown, MA 01007
(413) 213-7935
allan.rantala@mass.gov
Wachusett Reservoir Watershed Communities
DCR Division of Water Supply Protection
Wachusett/Sudbury Region
180 Beaman St.
West Boylston, MA 01583
(857) 303-5427
Bernadette.DeBlander2@mass.gov