Code of Massachusetts Regulations
313 CMR - DIVISION OF WATER SUPPLY PROTECTION
Title 313 CMR 11.00 - Watershed Protection
Section 11.04 - Jurisdiction

Universal Citation: 313 MA Code of Regs 313.11

Current through Register 1531, September 27, 2024

(1) Areas Regulated. Areas regulated by St. 1992, c. 36 and 313 CMR 11.00 include those portions of the Watersheds which lie:

(a) within 400 feet of the Bank of a Reservoir;

(b) within 200 feet of the Bank of a Tributary or Surface Waters;

(c) within the area between 200 and 400 feet of the Bank of a Tributary or Surface Waters;

(d) within the Flood plain of a Tributary or Surface Waters, including that flood plain;

(e) within Bordering Vegetated Wetlands that border on Tributaries or Surface Waters or Reservoirs;

(f) within land that overlays an Aquifer with a potential well yield of 100 gallons per minute or more as determined in accordance with St. 1992, c. 36 and 313 CMR 11.00; or

(g) within land that overlays an Aquifer with a potential well yield of one or more but less than 100 gallons per minute pursuant to a finding by the Division, in consultation with DEP, that regulation of said Aquifer is necessary for the protection of the quality of the water in the Surface Waters, Aquifers, Reservoirs or Tributaries.

(2) Presumptions - Properties Identified in the List of Affected Parcels. For purposes of 313 CMR 11.00, all properties identified in the List of Affected Parcels shall be presumed to be in an area regulated under 313 CMR 11.04(1)(a) through (g). Any property which is not identified in the List of Affected Parcels shall be presumed not to be in an area regulated under 313 CMR 11.04(1)(a) through (f).

(3) Uses and Activities Regulated or Prohibited.

(a) Any Alteration, or the Generation, Storage, Disposal or Discharge of Pollutants is prohibited within those portions of the Watershed that lie:
1. within 400 feet of the Bank of a Reservoir ( 313 CMR 11.04(1)(a)); or

2. within 200 feet of the Bank of a Tributary or Surface Waters ( 313 CMR 11.04(1)(b)).

(b)
1. Within those portions of the Watershed that lie:
a. within the area between 200 and 400 feet of the Bank of a Tributary or Surface Water ( 313 CMR 11.04(1)(c));

b. within the Flood Plain of a Tributary or Surface Water ( 313 CMR 11.04(1)(d));

c. within Bordering Vegetated Wetlands that border on Tributaries or Surface Waters or Reservoirs ( 313 CMR 11.04(1)(e) );

d. within land that overlays an Aquifer with a potential well yield of 100 gallons per minute or more as determined in accordance with St. 1992, c. 36 and 313 CMR 11.00 ( 313 CMR 11.04(1)(f)); or

e. within land that overlays an Aquifer with a potential well yield of one or more but less than 100 gallons per minute, pursuant to a finding by the Division, in consultation with DEP, that regulation of said Aquifer is necessary for the protection of the quality of the water in the Surface Waters, Aquifers, Reservoirs or Tributaries ( 313 CMR 11.04(1)(g))

2. the following uses of the area of the Watershed described in 313 CMR 11.04(3)(b)1. are prohibited:
a. the Disposal of Pollutants from either privately or publicly owned Sewage Treatment Facilities;

b. the placement of the Leaching Field of a Subsurface Waste Water Disposal System less than four feet above the maximum water table level as measured at the time of annual high water;

c. the storage of liquid petroleum products of any kind; provided, however, that an end user of such product, such as a resident in connection with normal residential use or a person responsible for supplying heat to a residence, may store a reasonable volume of such material so long as such storage is in a free standing container inside of the Structure, which Structure shall include at a minimum a foundation thereof with a poured cement slab floor or a concrete reservoir of sufficient volume to hold 125% of the tank's capacity;

d. the Treatment, Disposal, use, generation or Storage of Hazardous Material or Waste, except a reasonable volume of Hazardous Material or Waste incidental to normal residential use;

e. the Storage and the Disposal of solid waste other than a reasonable volume incidental to normal residential use;

f. the outdoor Storage of road salt or other de-icing chemicals; provided, however, that 313 CMR 11.00 shall not prohibit the outdoor Storage of sand, gravel or materials used in road construction which are not Hazardous Materials or Waste;

g. the outdoor Storage of fertilizers, herbicides and pesticides;

h. the use or Storage of pesticides or herbicides which carry a mobility rating as provided for by the United States Environmental Protection Agency or which have been determined by the Commonwealth using United States Environmental Protection Agency standards to pose a threat or potential threat to Ground Water;

i. the outdoor, uncovered Storage of manure;

j. the servicing, washing or repairing of boats or motor vehicles other than as reasonably incidental to normal residential use;

k. the operation of junk and salvage yards;

l. the rendering Impervious of more than 10% of any Lot or 2,500 square feet, whichever is greater;

m. the excavation of gravel and sand to a depth greater than six feet above the maximum water table, except where incidental to the construction of permitted Structures;

n. the Alteration of Bordering Vegetated Wetlands;

o. any other activity which could degrade the quality of the water in the Watersheds as determined by the Division after consultation with DEP; provided, however, that de-icing may be performed on a roadway under procedures approved by the Secretary; or

p. the construction of any Dwelling, including its subsurface sewage absorption system, which exceeds a density of two bedrooms per acre or any use which may generate more than 220 gallons of sanitary sewage per acre per day.

(c) In addition to, and without limiting, the prohibitions contained in 313 CMR 11.04(3)(a) and (b), the construction of any Dwelling which exceeds a density of one bedroom per acre and any use which may generate more than 147 gallons of sanitary sewage per acre per day are prohibited within those portions of the Watersheds which overlay Aquifers with potential well yields of between 100 and 300 gallons per minute as determined by the Division, or land whose regulation has been determined to be necessary for the protection of the quality of the water in the Surface Waters, Aquifers, Reservoirs and Tributaries, pursuant to 313 CMR 11.04(1)(g).

(d) In addition to, and without limiting, the prohibitions contained in 313 CMR 11.04(3)(a), (b) and (c), the construction of any Dwelling which exceeds a density of one bedroom per acre and which may generate more than 110 gallons of sanitary sewage per acre per day are prohibited within those portions of the Watersheds that overlay Aquifers with potential well yields of over 300 gallons per minute as determined by the Division.

(e) In making the calculation required under 313 CMR 11.04(3)(b)2.a. all contiguous real property within an area described in 313 CMR 11.04(1) owned by the same Person shall be used, in the aggregate; provided, however, that said area may be so used in making such calculation for only one Lot.

(f) In making the calculation required under 313 CMR 11.04(3)(b)2.p., all contiguous real property within an area described in 313 CMR 11.04(1) owned by the same Person shall be used, in the aggregate, to determine the total acreage for density purposes; provided, however, that said area may be so used for determining area density for only one Lot.

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