- Massachusetts Department of Environmental Protection
Media Contact for Massachusetts Drought Implications for Riverfront Area
Edmund Coletta, MassDEP – Director of Public Affairs
Drought Implications for Riverfront Area, Lakes and Ponds
December 2024
Energy and Environmental Affairs (EEA) Secretary Rebecca Tepper raised the Cape Cod and Islands regions to a Level 1-Mild Drought as of November 1, 2024. A Level 3-Critical Drought declaration remains in the Western, Connecticut River Valley, Southeast, Central and Northeast regions.
Riverfront Area: The Massachusetts Wetlands Protection regulations, 310 CMR 10.58(2)(a)1.f. state that Rivers include perennial streams that cease to flow during periods of extended drought. Extended drought is defined at 310 CMR 10.58(2)(a)1.f. as an "Advisory" or more severe drought level in accordance with the Massachusetts Drought Management Plan (MDMP). The MDMP most recently revised in 2019 provides that the Level 1-Mild Drought was formerly the Advisory level drought. Therefore, observations of no flow during a Level 1 – Mild Drought or more severe drought level may not be used to determine a perennial river does not contain Riverfront Area.
Lakes and Ponds: Pursuant to the definitions at 310 CMR 10.04, inland Ponds must have a surface area of fresh water of at least 10,000 square feet, and Lakes must have a surface area of fresh water of at least 10 acres, except during periods of extended drought. Observations of dry Lake and Pond beds showing they contain a surface area of fresh water of less than 10 acres or 10,000 square feet, respectively, during an Extended Drought are not sufficient to extinguish their regulation as a Lake or Pond under the MA WPA.
Buffer Zone: The top of Bank is required to be used to delineate the extent of the 100-foot Buffer Zone, not the observed water surface. During extended drought, it is imperative to note that the Buffer Zone is delineated using the Bank and not the extent of the observed water sheet.
Communities may refer to the Massachusetts Drought Management Plan for additional information on observation and review during periods of drought.
Effective Date of Extended Drought for Purposes of the Wetlands Protection Act Regulations
For the Cape Cod and Islands Regions*: Field observations made on November 1, 2024, or later may not be used to support an intermittent stream determination pursuant to 310 CMR 10.58(2)(a)1.d. or that a water body is not a Lake or Pond (310 CMR 10.04, definition of Pond).
For the Connecticut River Valley, Western and Southeast Drought Regions*: Field observations made on October 1, 2024, or later may not be used to support an intermittent stream determination pursuant to 310 CMR 10.58(2)(a)1.d. or that a water body is not a Lake or Pond (310 CMR 10.04, definition of Pond).
For the Northeast & Central Drought Regions*, Boston Harbor Basin and Hudson Basin: Field observations made on September 1, 2024, or later may not be used to support an intermittent stream determination pursuant to 310 CMR 10.58(2)(a)1.d. or that a water body is not a Lake or Pond (310 CMR 10.04, definition of Pond).
For the Parker River Basin: Field observations made on July 1, 2024, or later may not be used to support an intermittent stream determination pursuant to 310 CMR 10.58(2)(a)1.d. or that a water body is not a Lake or Pond (310 CMR 10.04, definition of Pond).
*Please note that that EEA Drought Regions do not match the MassDEP Regions.
To determine if a municipality is affected:
- For the Boston Harbor and Hudson River Basins, refer to the municipal list posted at the MassEEA website.
- For the Northeast, Central, Southeast, Connecticut River Valley and Western Drought Regions, refer to the municipal lists contained Appendix D (beings p87) in the Massachusetts Drought Management Plan.
- For the Parker River Basin, refer to the map posted at the MassEEA website.
Contact the appropriate MassDEP Circuit Riders with any questions.
November 2024
Energy and Environmental Affairs (EEA) Secretary Rebecca Tepper declared the Western, Connecticut River Valley, and Southeast regions to be a Level 2- Significant Drought and elevated the Central and Northeast Regions to a Level 3- Significant Drought. The Cape and Islands Regions remain at a Level 0- Normal Drought. Please note that Drought Regions do not coincide with MassDEP’s Regional boundaries. The latest drought status is available through the MA Drought Management Task Force website.
Riverfront Area: The Massachusetts Wetlands Protection regulations, 310 CMR 10.58(2)(a)1.f. state that Rivers include perennial streams that cease to flow during periods of extended drought. Extended drought is defined at 310 CMR 10.58(2)(a)1.f. as an "Advisory" or more severe drought level in accordance with the Massachusetts Drought Management Plan (MDMP). The MDMP most recently revised in 2019 provides that the Level 1-Mild Drought was formerly the Advisory level drought. Therefore, observations of no flow during a Level 1 – Mild Drought or more severe drought level may not be used to determine a perennial river does not contain Riverfront Area.
Lakes and Ponds: Pursuant to the definitions at 310 CMR 10.04, inland Ponds must have a surface area of fresh water of at least 10,000 square feet, and Lakes must have a surface area of fresh water of at least 10 acres, except during periods of extended drought. Observations of dry Lake and Pond beds showing they contain a surface area of fresh water of less than 10 acres or 10,000 square feet, respectively, during an Extended Drought are not sufficient to extinguish their regulation as a Lake or Pond under the MA WPA.
Buffer Zone: The top of Bank is required to be used to delineate the extent of the 100-foot Buffer Zone, not the observed water surface. During extended drought, it is imperative to note that the Buffer Zone is delineated using the Bank and not the extent of the observed water sheet.
Communities may refer to the Massachusetts Drought Management Plan for additional information on observation and review during periods of drought.
Effective Date of Extended Drought for Purposes of the Wetlands Protection Act Regulations
For the Connecticut River Valley, Western and Southeast Drought Regions*: Field observations made on October 1, 2024, or later may not be used to support an intermittent stream determination pursuant to 310 CMR 10.58(2)(a)1.d. or that a water body is not a Lake or Pond (310 CMR 10.04, definition of Pond).
For the Northeast & Central Drought Regions*, Boston Harbor Basin and Hudson Basin: Field observations made on September 1, 2024, or later may not be used to support an intermittent stream determination pursuant to 310 CMR 10.58(2)(a)1.d. or that a water body is not a Lake or Pond (310 CMR 10.04, definition of Pond).
For the Parker River Basin: Field observations made on July 1, 2024, or later may not be used to support an intermittent stream determination pursuant to 310 CMR 10.58(2)(a)1.d. or that a water body is not a Lake or Pond (310 CMR 10.04, definition of Pond).
*Please note that that EEA Drought Regions do not match the MassDEP Regions.
To determine if a municipality is affected:
- For the Boston Harbor and Hudson River Basins, refer to the municipal list posted at the MassEEA website.
- For the Northeast, Central, Southeast, Connecticut River Valley and Western Drought Regions, refer to the municipal lists contained Appendix D (beings p87) in the Massachusetts Drought Management Plan.
- For the Parker River Basin, refer to the map posted at the MassEEA website.
Contact the appropriate MassDEP Circuit Riders with any questions.
Summer/Autumn 2024
Energy and Environmental Affairs (EEA) Secretary Rebecca Tepper declared a Level 1-Mild Drought in the Northeast Drought Region (includes the Parker River Basin), Central Drought Region, Boston Harbor Basin and Hudson Basin. Please note that Drought Regions do not coincide with MassDEP’s Regional boundaries. The latest drought status is available through the MA Drought Task Force website.
The Massachusetts Wetlands Protection regulations, 310 CMR 10.58(2)(a)1.f. state that Rivers include perennial streams that cease to flow during periods of extended drought. Extended drought is defined at 310 CMR 10.58(2)(a)1.f. as an "Advisory" or more severe drought level in accordance with the Massachusetts Drought Management Plan (MDMP). The MDMP most recently revised in 2019 provides that the Level 1-Mild Drought was formerly the Advisory level drought. Therefore, observations of no flow during a Level 1 – Mild Drought or more severe drought level may not be used to determine a perennial river does not contain Riverfront Area.
To determine if a municipality is affected:
- For the Boston Harbor and Hudson River Basins, refer to the municipal list posted at the MassEEA web site.
- For the Northeast and Central Drought Regions, refer to the municipal lists contained in the Massachusetts Drought Management Plan.
- For the Parker River Basin, refer to the map posted at the MassEEA web site.
Effective Date of Extended Drought for Purposes of the Wetlands Protection Act Regulations
For the Parker River Basin: Field observations made on July 1, 2024, or later may not be used to support an intermittent stream determination pursuant to 310 CMR 10.58(2)(a)1.d.
For the Northeast, Central, Boston Harbor Basin and Hudson Basin: Field observations made on September 1, 2024, or later may not be used to support an intermittent stream determination pursuant to 310 CMR 10.58(2)(a)1.d.
Contact the appropriate MassDEP Circuit Riders with any questions.
July 2024
Following two months of below-average rainfall, Energy and Environmental Affairs (EEA) Secretary Rebecca Tepper declared a Level 1-Mild Drought in the Western Region of Massachusetts. All other regions of the state – Connecticut River Valley, Central, Northeast, Southeast, Cape Cod, and Islands – currently remain in Level 0-Normal conditions.
The Massachusetts Wetlands Protection regulations, 310 CMR 10.58(2)(a)1.f. state that Rivers include perennial streams that cease to flow during periods of extended drought. Extended drought is defined at 310 CMR 10.58(2)(a)1.f. as an "Advisory" or more severe drought level in accordance with the Massachusetts Drought Management Plan (MDMP). The MDMP most recently revised in 2019 provides that the Level 1-Mild Drought was formerly the Advisory level drought. Therefore, observations of no flow during a Level 1 – Mild Drought or more severe drought level may not be used to determine a perennial river does not contain Riverfront Area.
The latest drought status is available through the MA Drought Task Force website.
Effective Date of Extended Drought for Purposes of the Wetlands Protection Act Regulations
For the Western EEA Drought Region: Field observations made on June 1, 2024, or later may not be used to support an intermittent stream determination pursuant to 310 CMR 10.58(2)(a)1.d.
Contact the appropriate MassDEP Circuit Riders with any questions.
*Please note that that EEA Drought Regions do not match the MassDEP Regions.
2022 Drought: Implications for Riverfront Area
August 2022
On July 21, 2022, Energy and Environmental Affairs (EEA) Secretary Bethany Card declared a Level 3 – Critical Drought in the Northeast and Central Regions, a Level 2 – Significant Drought in the Connecticut River Valley and Southeast Regions, and a Level 1 – Mild Drought in the Western, Cape Cod and Islands Regions of the Commonwealth. The Massachusetts Wetlands Protection regulations, 310 CMR 10.58(2)(a)1.f. state that Rivers include perennial streams that cease to flow during periods of extended drought. Extended drought is defined at 310 CMR 10.58(2)(a)1.f. as an "Advisory" or more severe drought level in accordance with the Massachusetts Drought Management Plan (MDMP). The MDMP most recently revised in 2019 provides that the Level 1-Mild Drought was formerly the Advisory level drought. Therefore, observations of no flow during a Level 1 – Mild Drought or more severe drought level may not be used to determine a perennial river does not contain Riverfront Area. The latest drought status is available at Drought Status page .
Effective Date of Extended Drought for Purposes of the Wetlands Protection Act Regulations
For the Southeast and Islands EEA Drought Regions: Field observations made on April 1, 2022, or later may not be used to support an intermittent stream determination. For the Northeast, Central, and Connecticut River Valley EEA Drought Regions: Field observations made on May 1, 2022, or later may not be used to support an intermittent stream determination.
For the Western EEA Drought Region: Field observations made on June 1, 2022, or later may not be used to support an intermittent stream determination
For the Cape Cod EEA Drought Region: Field observations made on July 1, 2022, or later may not be used to support an intermittent stream determination
