| Date: | 10/24/2014 |
|---|---|
| Organization: | Massachusetts Department of Environmental Protection |
| Regulatory Authority: | Massachusetts General Laws Chapter 131, section 40: The Wetlands Protection Act |
| Official Version: | Massachusetts State Bookstore |
These regulations establish procedures for conservation commissions and MassDEP to follow in issuing permits for work in areas protected under the Wetlands Protection Act.
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.
MassDEP is proposing amendments to the Wetlands regulations (310 CMR 10.00: Wetlands Protection) and the Water Quality Regulations (314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredging Material Disposal in Waters of the United States within the Commonwealth) to streamline permitting for wetland restoration projects. These amendments will support goals described in both the Executive Office of Energy and Environmental Affairs Clean Energy and Climate Plan and the Executive Order for Biodiversity Conservation in Massachusetts.
The amendments are intended primarily to streamline permitting for beneficial wetland restoration and other projects, including invasive plant management, damaged tree removal, and limited maintenance and construction of unpaved paths. In addition, the proposed amendments will update the wetland plant list and bordering vegetated wetlands boundary determination methodology, as well as revise the observation of flow requirements in the riverfront area. Additional amendments under 314 CMR 9.00 include streamlining ecological restoration limited projects and utility maintenance projects that require a variance for construction mats.
The Massachusetts Department of Environmental Protection (MassDEP) held a public information session on Wednesday, July 29, 2026from 12:00pm-1:00pm to provide information and answer questions on the draft regulations.
Slides: Ecological Restoration Streamlining Regulations Information Session
MassDEP will hold two virtual public hearings via Zoom at the following dates and times to receive comments on the proposed changes. Advance registration is required. These meetings will be recorded and posted on this website.
Public Notice: English | 中文(繁體) | ភាសាខ្មែរ | Tiếng Việt | Português | Español | Kreyòl Ayisyen
Monday, August 10, 2026 at 1:00 PM: Register via Zoom
Monday, August 10, 2026 at 6:00 PM: Register via Zoom
The public comment period ends August 20, 2026 at 5pm.
Written comments can be submitted to: Lisa Rhodes, Attn: Wetlands-401 Ecological Restoration Comments, MassDEP-BWR, 100 Cambridge Street, Suite 900, Boston, MA 02114].
Electronic format comments should be sent to: dep.wetlands@mass.gov and include ‘Wetlands-401 Ecological Restoration Comments’ in the subject line.
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 added Office Hour Sessions for stakeholder Q&A and extended the Public Comment period from March 1 to April 30, 2024.
July 2026 Update: The proposed draft Wetlands and Waterways Regulations and the Stormwater Handbook are moving forward, with an expectation to promulgate Final Regulations in 2026. Once the Wetlands Resilience 1.0 regulations are promulgated, the MassDEP Wetlands Team is ready to implement plans for a robust training program on the updates to the regulations and the Stormwater Handbook both in-person and virtually throughout the state. The trainings will also cover the updated Stormwater Checklist. MassDEP will update this webpage periodically.
Public Notice: English | Español | 中文 | 中文(繁體) | Kreyòl Ayisyen | ភាសាខ្មែរ | Português | Tiếng Việt
Revised Public Notice: English | Español | 中文 | 中文(繁體) | Kreyòl Ayisyen | ភាសាខ្មែរ | Português | Tiếng Việt
MassDEP conducted three virtual public information sessions:
MassDEP conducted three virtual public hearings:
MassDEP held a public comment period from March 1 to April 30, 2024 – a 60-day extension. Formal written comments on the draft regulations were accepted until 5:00 PM on April 30, 2024.
MassDEP conducted 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 were encouraged to submit questions about the Wetlands/401WQC regulations, Stormwater Handbook, and/or Waterways regulations in advance of the session(s).
Stormwater Management Handbook
Stormwater Management Handbook Appendix A Redline
MassDEP WPA Regs Handout 1 LSCSF Zones
Notice of Public Hearing: 310 CMR 10.00
310 CMR 10.00: Summary of Proposed Revisions
Massachusetts 2016 Wetland Plant List (PDF) (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
There have been no recent amendments to these regulations.
