Fencing Near Wetlands in Massachusetts Without Getting Swamped

Navigating Wetlands and Fencing in Massachusetts

For homeowners in Massachusetts, the question can I put a fence around wetlands in Massachusetts is common. The short answer is yes, but it requires careful navigation of the state's strict wetlands protection laws.

Here's what you need to know:

• Permit Required: Any work within 100 feet of a wetland resource area or its buffer zone, including fence installation, generally requires a permit.
• Buffer Zones: This is the 100-foot area adjacent to a wetland where most work is regulated.
• Wildlife Passage: A key condition for fences in buffer zones is that they must not block wildlife movement.
• Local Rules Vary: Your city or town's Conservation Commission may have stricter bylaws than state law, including "no build" zones. Always check locally.

Understanding these regulations is crucial, as installing a fence without approval can lead to costly fines and removal orders.

‍

First, Do You Have Wetlands? Identifying Regulated Areas

Before planning a fence, you must first determine if you have wetlands on or near your property. In Massachusetts, wetlands are areas where water is at or near the surface long enough to support specific plants and soils. They can include marshes, wet meadows, and bogs.

The Wetlands Protection Act is the primary law safeguarding these "Resource Areas," which include Bordering Vegetated Wetlands (BVW), riverbanks, and land under water bodies. The Act also protects "Riverfront Areas"—the land within 200 feet of a year-round stream or river.

Adjacent to these resource areas are "Buffer Zones," typically extending 100 feet outward. While not a wetland itself, any work in the buffer zone is regulated because it can impact the adjacent wetland's health. Your local Conservation Commission is responsible for enforcing these rules and is your primary contact for permits and guidance.

‍

For a preliminary check, you can use the state's GIS mapping tool, but be aware that it is not definitive for project planning.

How to use the state's GIS mapping tool

For accurate, legally sound wetland boundaries, it is highly recommended to hire a qualified wetlands scientist. They can identify the exact boundaries based on vegetation, soil, and hydrology, which is essential for any construction project.

Understanding Buffer Zones

The buffer zone is a critical concept. The standard state buffer is 100 feet from a wetland's edge, while the "Riverfront Area" near perennial streams extends to 200 feet.

Crucially, many Massachusetts towns have local wetlands bylaws that are stricter than state law. These can include "No-Disturb" or "No-Build" zones within the buffer. For example, a town might prohibit any activity within 25 feet of a wetland or structures within 50 feet. Canton has a specific 30-foot "No Build Zone." These local rules provide extra protection for sensitive natural areas.

Wetlands and their buffers are rigorously protected because they provide essential services like flood control, water filtration, pollution prevention, and critical wildlife habitat. Understanding these protections is key to responsible homeownership.

How to Check Your Property

To determine if your property has regulated areas, follow these steps:

• Visual Inspection: Look for signs of wetlands, such as low spots where water collects, consistently muddy soil, and water-loving plants like cattails, skunk cabbage, and red maples.
• Online Maps: Use the state's MassGIS map and your town's local GIS data for a preliminary overview of potential wetland boundaries. These maps are not always precise enough for permit applications.
• Contact your Conservation Agent: This is a crucial step. Your town's Conservation Agent is the local expert who can provide specific information about bylaws, known wetlands on your property, and the required permitting process.
• Get a Professional Delineation: For any project near potential wetlands, hiring a wetlands scientist is the best course of action. They will accurately mark the legal wetland boundaries, and their report is often required for permits. This provides certainty and prevents future issues.

The Definitive Answer: Can I Put a Fence Around Wetlands in Massachusetts?

So, can I put a fence around wetlands in Massachusetts? Yes, it is usually possible, but with specific rules. Under the state's Wetlands Protection Act, a fence may be considered a "minor activity" that doesn't require a full permit, but only if it meets two key conditions: it must be located within the 100-foot buffer zone (not in the wetland itself), and it cannot block wildlife movement.

Building directly in a wetland is a major alteration that is rarely permitted. Most fences are installed in the buffer zone. However, even if the state considers it a minor activity, your local town's bylaws may be much stricter and have the final say.

‍

State Law vs. Local Bylaws

While state law provides a baseline, Massachusetts towns can and do enact stricter local wetlands bylaws. This means the rules for a fence can vary significantly from one town to the next.

• Canton: A fence may be allowed without a permit in the 30-100 foot buffer zone if it allows wildlife passage and is outside the 30-foot "No Build Zone."
• Ashland: Any fence within 100 feet of a wetland requires filing a full Notice of Intent (NOI) permit application and must respect a 25-foot "No Disturb Zone."
• Reading: Fences are considered "small projects" requiring a "Minor Project Permit" and must adhere to setback rules (e.g., 35-50 feet from wetlands).
• Maynard: A wildlife-friendly fence may only require a simple "Administrative Approval."

The clear takeaway is that your local Conservation Commission has the final say. Always check with them first. For help navigating these rules, experienced Fencing Companies in Massachusetts like Brentwood Fence can provide valuable guidance.

What "No Barrier to Wildlife" Means for Your Fence

The "no barrier to wildlife" rule is a critical requirement. Your fence cannot be a solid wall that prevents animals from moving freely through the landscape. The design must allow critters of all sizes, from rabbits to deer, to pass.

This directly impacts your choice of fence style:

• Acceptable Fences: Styles with open designs are preferred. This includes post-and-rail or split-rail fences. Other designs, like picket or decorative metal, can be acceptable if installed with a 4-6 inch gap at the bottom. Chain-link fences may also be approved if installed with ground clearance.
• Problematic Fences: Solid vinyl or wood privacy fences are almost always prohibited in buffer zones because they create a complete barrier. Any fence that forms an impenetrable wall will likely be rejected by the Conservation Commission.

Be prepared to explain to the Commission how your chosen fence design meets this wildlife passage requirement.

The Permitting Path: Securing Approval for Your Fence

With a wildlife-friendly fence design in mind, the next step is securing approval. This involves working with your local Conservation Commission and potentially the Massachusetts Department of Environmental Protection (MassDEP). The process is manageable, but we recommend consulting your town's Conservation Agent or a professional specializing in wetland permitting to steer it successfully.

‍

What Permit Do I Need if I Want to Put a Fence Around Wetlands in Massachusetts?

The permit you need depends on your project's scope and proximity to wetlands. The main state-level applications are the Request for Determination of Applicability (RDA) and the Notice of Intent (NOI), though some towns offer simpler local permits.

• Request for Determination of Applicability (RDA): This is a simpler, faster process used to ask the Commission if the Wetlands Protection Act applies to your project. It's often suitable for minor activities, like a wildlife-friendly fence in the outer buffer zone with minimal ground disturbance. Filing an RDA with MassDEP.
• Notice of Intent (NOI): This is a more detailed application required for any work that will "remove, fill, dredge, or alter" a resource area or buffer zone. An NOI is likely needed for more involved fence projects or if required by strict local bylaws (as in Ashland). It requires professional site plans and a public hearing, resulting in a binding permit called an "Order of Conditions." Filing an NOI with MassDEP.
• Minor Project Permit: Some towns, like Reading, offer a streamlined local permit for smaller jobs like fences that meet specific criteria, such as setback distances.

Always contact your local Conservation Commission first to determine exactly which permit your project requires.

Steps in the Permitting Process

The permitting process generally follows these steps:

1. Contact the Conservation Agent: This is your first and most important step. Explain your project to the agent to get guidance on the correct forms and local rules.
2. Prepare Your Application: Gather all required materials, including a detailed project description, a site plan or sketch (professionally drawn plans are usually needed for an NOI), and supporting documents showing how your fence allows for wildlife passage.
3. Submit Your Application: File the application and pay any fees to your local Conservation Commission. For state forms (RDA/NOI), a copy must also be sent to the regional MassDEP office.
4. Abutter Notification (for NOI): If filing an NOI, you must legally notify property owners within a certain distance (usually 100 feet) via certified mail.
5. Public Hearing (for NOI): An NOI requires a public hearing where you or a representative present the project to the Commission and answer questions.
6. Receive a Decision: The Commission will issue a "Determination of Applicability" (for an RDA) or an "Order of Conditions" (for an NOI). The Order is your official permit and will list all rules for your project.
7. Record the Permit: An Order of Conditions must be recorded at the Registry of Deeds before any work begins. This makes the permit conditions part of your property's legal record.

Following these steps ensures your project complies with all regulations.

What are the Penalties if I Put a Fence Around Wetlands in Massachusetts Without a Permit?

Installing a fence near wetlands in Massachusetts without a permit is a significant risk. The state's environmental laws are strictly enforced by local Conservation Commissions, and violations lead to costly consequences.

‍

Potential penalties for unpermitted work include:

• Stop Work and Enforcement Orders: The Commission can immediately halt your project and issue a legal order demanding corrective action, which often includes the complete removal of the fence.
• Fines and Penalties: Violations of the Wetlands Protection Act can result in fines up to $25,000. Many towns also impose daily penalties for each day a violation continues. In severe cases, violations can lead to imprisonment.
• Restoration Costs: You will likely be required to pay to restore the area to its original condition. This can involve expensive earthwork and replanting, far exceeding the cost of a permit.
• Property Sale Complications: An unpermitted structure can delay or even derail a property sale. It can also prevent you from obtaining a Certificate of Compliance for other permitted work, which is often needed for real estate transactions.

The property owner is ultimately responsible for all violations and restoration costs. It is always less expensive and stressful to obtain the necessary permits before starting work. For guidance on professional installation and the permitting process, see our FAQ: Fence Installation Service.

Frequently Asked Questions about Fencing and Wetlands

Here are answers to some common questions about fencing near wetlands.

How close can I build a fence to a wetland in MA?

While any work within the 100-foot buffer zone requires review, this doesn't mean you can build right up to the wetland. The exact distance depends on your town's local bylaws, which are often stricter than state law. Many towns establish "no build" or "no disturb" zones of 25, 30, or 50 feet from a wetland edge. The final answer depends entirely on your town's specific regulations, so you must check with your local Conservation Commission.

Do I need a permit to repair an old fence near wetlands?

It depends on the scope of the work. Normal maintenance on a legally existing fence, like replacing a few boards, may not require a new permit. However, a full replacement, changing the fence's footprint, or altering its style (e.g., from split-rail to solid privacy) is considered a new activity. This will likely require a new permit application (an RDA or NOI). Always check with your Conservation Commission before starting significant repairs or replacements.

Does a pool fence have different rules near wetlands?

Yes, a pool fence is more complex. It must meet strict safety requirements from the Massachusetts Pool Fence Code, which often mandate minimal gaps that conflict with the wildlife passage rule for wetland buffer zones. Because a pool fence is designed to be a barrier, permitting it near wetlands is more involved and will almost certainly require filing a Notice of Intent (NOI). You will need to work closely with the Conservation Commission to find a design that balances safety and environmental impact.

Conclusion: Building Your Fence the Right Way

While installing a fence near wetlands in Massachusetts requires careful planning, it is achievable. Success depends on a clear understanding of the regulations and a proactive approach.

To ensure your project goes smoothly, remember these key takeaways:

• Identify Regulated Areas: Determine if your property contains wetlands or buffer zones, ideally with help from a wetlands scientist.
• Understand Local Rules: State law is just the baseline; your town's Conservation Commission has the final say and often has stricter rules.
• Prioritize Wildlife Passage: Your fence design must allow animals to move freely. Open styles like post-and-rail are best; solid fences are typically not allowed.
• Secure the Right Permit: You will need to file an RDA, NOI, or a local permit as directed by your town.
• Contact the Conservation Commission First: This is the most critical step. Talk to them before you buy materials or finalize plans.

Following the proper permitting process is not just about legal compliance; it prevents costly fines, removal orders, and future property sale issues. Working with a professional fence installer who understands these regulations can be invaluable. They can help you select a compliant design and steer the permit process. For expert fence installation and guidance on these rules, Brentwood Fence LLC is here to help. Check out Where We Install Fences: NH, MA, ME to see our service areas. Let's build your fence the right way, protecting your property and our vital wetlands.