Regulation

Regulation  310 CMR 10.00: Wetlands Protection Act Regulations

These regulations establish procedures for conservation commissions and MassDEP to follow in issuing permits for work in areas protected under the Wetlands Protection Act.

Contact for 310 CMR 10.00: Wetlands Protection Act Regulations

310 CMR 10.00 Contact Information

Table of Contents

Current Regulations

These regulations, 310 CMR 10.00, became effective as of October 24, 2014.

Note: This is an unofficial version of Commonwealth regulations and is posted here for the convenience of the public. It is not an official statement of the regulations.

Proposed Amendments & Public Comment

Proposed Wetlands Resilience 1.0 Draft Regulations

MassDEP is proposing revisions to the Wetlands regulations and corresponding revisions to the 401WQC regulations to improve the Commonwealth’s resilience to impacts of climate change. Following Information Sessions and Public Hearings, MassDEP has added Office Hour Sessions for stakeholder Q&A and extended the Public Comment period from March 1 to April 30.

Public Notice: English | Español | 中文 | 中文(繁體) | Kreyòl Ayisyen | ភាសាខ្មែរ | Português | Tiếng Việt

Revised Public Notice: English

Public Information Sessions and Public Hearings

MassDEP conducted three virtual public information sessions:

  • Thursday, January 18, 2024 at 1:00 PM. Recording available on YouTube.
  • Thursday, January 18, 2024 at 6:00 PM. Recording available on YouTube.
  • Tuesday, January 23, 2024 at 1:00 PM. Recording available on YouTube.
  • Presentations available here: Stormwater | Coastal

Public Comment Period and How to Submit Public Comments

MassDEP conducted three virtual public hearings:

  • Wednesday, January 31, 2024 at 1:00 PM. Recording available on YouTube.
  • Wednesday, January 31, 2024 at 6:00 PM. Recording available on YouTube.
  • Thursday, February 1, 2024 at 1:00 PM. Recording available on YouTube.

MassDEP has extended the public comment period from March 1 to April 30, 2024 – a 60-day extension and will hold informal “office hours” sessions for stakeholder question and answer (see below for schedule and further details). (The comment period extension will be formally noticed in the Massachusetts Register and in newspapers.) Formal written comments on the draft regulations will be accepted until 5:00 PM on April 30, 2024. The Department encourages electronic submission by email to dep.wetlands@mass.gov; and must include "Wetlands-401 Resilience Comments" in the subject line. In lieu of electronic submittal, paper comments may be mailed to:

MassDEP - BWR Wetlands Program
Attn: Wetlands-401 Resilience Comments
100 Cambridge Street, Suite 900
Boston, MA 02114

See also: MassDEP Public Hearings & Comment Opportunities

Wetlands and Waterways Resilience Regulations “Office Hours” Schedule

MassDEP will conduct three virtual office hours sessions. These informal Q&A sessions are an opportunity for the public to better understand the proposed revisions and to help develop their formal comments. Stakeholders are encouraged to submit questions about the Wetlands/401WQC regulations, Stormwater Handbook, and/or Waterways regulations in advance of the session(s) you plan to attend. Please note:

  • Questions submitted in advance (preferably at least one week) of an Office Hours session will be prioritized. “Live” questions will be considered, as time permits.
  • MassDEP may choose not to address questions at these sessions if not received sufficiently in advance or if the question requires extensive evaluation.
  • Please refrain from asking site-specific questions related to projects you may be involved in.
  • To submit questions in advance for office hours, please use this form: https://massgov.formstack.com/forms/officehours_wetlands_wqc_waterways
  • Important: Questions submitted for an office hours session do not constitute a formal public comment.  Public comments must be submitted according the instructions in the section above.

All sessions will be conducted virtually via Zoom, agendas to follow. Register in advance; after registering, you will receive a confirmation email containing information about joining the meeting:

Proposed Revisions

Notice to Reviewers

Public Summary

Stormwater Management Handbook

Stormwater Management Handbook Appendix A Redline

Memo on NOAA14 PLUS

Memo on Recharge Rationale

Scenario Analysis Update 2021

MassDEP WPA Regs Handout 1 LSCSF Zones

MassDEP WPA Regs Handout 2 Performance Stnd Comparison

MassDEP WPA Regs Handout 3 Flow Path Analysis

 

Draft Regulations related to Notification, Date of Issuance, and Plant List

Notice of Public Hearing: 310 CMR 10.00

310 CMR 10.00: Summary of Proposed Revisions

Massachusetts 2016 Wetland Plant List (from US Army Corps of Engineers)

310 CMR 10.00: Proposed Revisions - Redline/Strikeout

310 CMR 10.00: Proposed Revisions - Clean

Proposed Wetlands Regulatory Revisions - February 29, 2020 Update

Recently Promulgated Amendments

There have been no recent amendments to these regulations.

Downloads for 310 CMR 10.00: Wetlands Protection Act Regulations

Contact for 310 CMR 10.00: Wetlands Protection Act Regulations

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