Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 36.00 - Massachusetts Water Resources Management Program
Section 36.16 - Withdrawals Requiring a Permit

Universal Citation: 310 MA Code of Regs 310.36

Current through Register 1537, December 20, 2024

(1) Unless exempted by 310 CMR 36.05, the following withdrawals require a permit:

(a) for persons with no registration or permit for withdrawals within the water source, a withdrawal that exceeds the threshold volume;

(b) for persons with a registration for withdrawals within the water source, a withdrawal of more than the threshold volume in excess of a registered volume;

(c) for persons with a permit for withdrawals within the water source, any unregistered withdrawal in excess of the volume authorized in the permit; and

(d) redundant wells.

(2) No person may commence construction of any building or structure or commence any other activity that may require that person to make a withdrawal described in 310 CMR 36.16(1) without first applying for and obtaining a permit for that withdrawal from the Department.

(3) Water withdrawals used for the following activities are presumed to withdraw less than the threshold volume and do not require a permit, unless the Department determines otherwise.

(a) Cranberry Cultivation.
1. Each person not certified by the Natural Resource Conservation Service as using best management practices and who irrigates less than or equal to 4.66 acres of bogs in excess of any registered acreage within one water source;

2. Each person certified by the Natural Resource Conservation Service as employing best management practices and who irrigates less than or equal to 9.3 acres of bogs in excess of any registered acreage within one water source;

(b) Golf Courses.
1. Irrigation of less than 23 acres for a golf course during the period of initial vegetation grow-in or 36 months from planting, whichever period is longer;

2. Irrigation of less than 35 acres of golf course with mature established turf.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.