Massachusetts Inland/Coastal Wetlands Restriction Act Glossary: Key Terms & Definitions for Developers and Consultants

Massachusetts Inland/Coastal Wetlands Restriction Act Key Terms & Definitions

Activity: Any work or action that results in a change in the existing physical conditions of any land under and adjacent to waters or watercourses, including but not limited to construction, filling, dredging, damming, or draining.

Applicant: Any person who files an Application or a Notice of Intent to perform an activity subject to the Massachusetts Inland/Coastal Wetlands Restriction Act.

Application: A written request filed by any person with the Department of Environmental Protection (DEP) seeking permission to perform an activity subject to the Massachusetts Inland/Coastal Wetlands Restriction Act.

Area Subject to Protection: Any area specified in the Massachusetts Inland/Coastal Wetlands Restriction Act, including wetlands, floodplains, riverfront areas, land under water bodies and waterways, and other resource areas.

Bordering Vegetated Wetland (BVW): A type of freshwater wetland that borders on creeks, rivers, streams, ponds, or lakes, and where at least 50% of the vegetative community consists of wetland indicator plants. Defined in 310 CMR 10.55(2).

Buffer Zone: An area of land extending 100 feet horizontally outward from the boundary of any area subject to protection under the Massachusetts Inland/Coastal Wetlands Restriction Act. Defined in 310 CMR 10.04.

Coastal Wetland: Any bank, marsh, swamp, meadow, flat, or other lowland subject to tidal action or coastal storm flowage. Defined in MGL c. 131, § 40.

Department of Environmental Protection (DEP): The Massachusetts state agency responsible for administering and enforcing the Massachusetts Inland/Coastal Wetlands Restriction Act.

Determination of Applicability (DOA): A written finding by a conservation commission or the DEP as to whether a site or the work proposed thereon is subject to the Massachusetts Inland/Coastal Wetlands Restriction Act. Defined in 310 CMR 10.05(3).

Dredge: To deepen, widen, or excavate, either temporarily or permanently, land below the mean high water level. Defined in 310 CMR 10.04.

Fill: Any material used for the primary purpose of replacing an aquatic area with dry land or changing the bottom elevation of a waterbody. Defined in 310 CMR 10.04.

Flood Control: The prevention or reduction of flooding and flood damage. Defined in 310 CMR 10.04.

Inland Wetland: Any wet meadow, marsh, swamp, bog, area where groundwater, flowing or standing surface water, or ice provides a significant part of the supporting substrate for a plant community adapted to wet conditions. Defined in MGL c. 131 § 40.

Interests Identified: The public interests specified in the Massachusetts Inland/Coastal Wetlands Restriction Act, including public/private water supply, groundwater, flood control, storm damage prevention, prevention of pollution, land containing shellfish, fisheries, and wildlife habitat.

Limited Project: A project that meets specific criteria and is allowed under the Massachusetts Inland/Coastal Wetlands Restriction Act despite not meeting all performance standards. Defined in 310 CMR 10.24(7) and 10.53(3)-(6).

Massachusetts Wetlands Protection Act (WPA): The primary state law (MGL c. 131 § 40) that protects wetlands and regulates activities affecting wetland resource areas in Massachusetts.

Mean Annual High-Water Line: The line where the arithmetic mean of high-water heights observed over a one-year period intersects the land. Defined in 310 CMR 10.58(2).

Notice of Intent (NOI): A written notice filed by any person intending to remove, fill, dredge, or alter an area subject to protection under the Massachusetts Inland/Coastal Wetlands Restriction Act. Defined in 310 CMR 10.05(4).

Order of Conditions (OOC): The document issued by a conservation commission containing conditions that regulate or prohibit an activity proposed in the NOI. Defined in 310 CMR 10.05(6).

Rare Species: Species listed as endangered, threatened, or of special concern by the Massachusetts Division of Fisheries and Wildlife pursuant to MGL c. 131A.

Request for Determination of Applicability (RDA): A written request made by any person to a conservation commission or the DEP for a determination as to whether a site or proposed work is subject to the Massachusetts Inland/Coastal Wetlands Restriction Act. Defined in 310 CMR 10.05(3).

Riverfront Area: The area of land between a river's mean annual high-water line and a parallel line measured horizontally 200 feet away. Defined in 310 CMR 10.58(2).

Special Conditions: Conditions set forth in a written Order of Conditions, Determination, or Notification of Non-significance, applicable for specific projects, and not meant for general application. Defined in 310 CMR 10.04.

Stormwater Management: The use of structural or non-structural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, and peak flow discharge rates.

Vernal Pool: A confined basin depression that, in most years, holds water for at least two continuous months, is free of adult fish populations, and provides essential breeding and rearing habitat functions for certain amphibian, reptile, or other vernal pool community species. Defined in 310 CMR 10.04.

Water-Dependent Uses: Uses and facilities that require direct access to, or location in, marine, tidal, or inland waters. Defined in 310 CMR 10.04.

Wetland Replication: The creation of a wetland, in accordance with prescribed standards, to mitigate the loss of wetland functions due to authorized alterations of existing wetlands.