Wetlands and Conservation Commission Review

When work near wetlands, streams, or rivers needs Conservation Commission approval in Massachusetts, and how it can shape a project long before zoning does.

Wetlands review is one of the most common reasons a Massachusetts project takes longer, or changes shape, than expected. It runs separately from zoning, through the local Conservation Commission.

What triggers review

The Wetlands Protection Act (M.G.L. c. 131, § 40) and its regulations (310 CMR 10.00) protect wetlands, banks, floodplains, and other resource areas. Review is generally required for work:

in a protected resource area;
within the 100-foot buffer zone around certain resource areas; or
within the 200-foot riverfront area of a perennial stream or river (with smaller areas in some densely developed municipalities).

Many communities also have a local wetlands bylaw that’s stricter than state law, with larger buffers or no-disturbance zones.

The filings

Request for Determination of Applicability (RDA). Asks the Commission whether the Act applies to an area or project.
Notice of Intent (NOI). The full application for work subject to the Act. Resource area boundaries are typically delineated by a wetland scientist and shown on engineered plans.
Order of Conditions. The Commission’s permit, with conditions that run with the land until a Certificate of Compliance is issued.

Why it matters early

A wetland line can move a house, a driveway, or a septic system, and it can make a lot that looks buildable on a zoning map much harder to use. It’s worth confirming resource areas before design, not after.

General information, not legal advice.