310 C.M.R. 10.01 – Introduction and Purpose

Regulations for All Wetlands 10.01: Introduction and Purpose 10.02: Statement of Jurisdiction 10.03: General Provisions 10.04: Definitions 10.05: Procedures 10.06: Emergencies 10.07: Compliance with M.G.L. c. 30, §§ 61 through 62H 10.08: Enforcement Orders 10.09: Severability 10.10: Effective Date 10.11: Actions Required Before Submitting a Notice of Intent for an Ecological Restoration Project 10.12: Notice of Intent for an Ecological Restoration Project 10.13: Eligibility Criteria for Restoration Order of Conditions 10.14: Restoration Order of Conditions

Additional Regulations for Coastal Wetlands 10.21: Introduction 10.22: Purpose 10.23: Additional Definitions for 310 CMR 10.21 through 10.37 10.24: General Provisions 10.25: Land under the Ocean 10.26: Designated Port Areas 10.27: Coastal Beaches 10.28: Coastal Dunes 10.29: Barrier Beaches 10.30: Coastal Banks 10.31: Rocky Intertidal Shores 10.32: Salt Marshes 10.33: Land under Salt Ponds 10.34: Land Containing Shellfish 10.35: Banks of or Land under the Ocean, Ponds, Streams, Rivers, Lakes or Creeks that Underlie Anadromous/Catadromous ("Fish Run") (10.36: Reserved: Variance Provision is found at 310 CMR 10.05(10)) 10.37: Estimated Habitats of Rare Wildlife (for Coastal Wetlands)

Additional Regulations for Inland Wetlands 10.51: Introduction 10.52: Purpose 10.53: General Provisions 10.54: Bank (Naturally Occurring Banks and Beaches) 10.55: Bordering Vegetated Wetlands (Wet Meadows, Marshes, Swamps and Bogs) 10.56: Land under Water Bodies and Waterways (under any Creek, River, Stream, Pond or Lake) 10.57: Land Subject to Flooding (Bordering and Isolated Areas) 10.58: Riverfront Area 10.59: Estimated Habitats of Rare Wildlife (for Inland Wetlands) 10.60: Wildlife Habitat Evaluations

Appendices: Prefaces to Previous Regulatory Revisions Protection of Wildlife Habitat; 1987 Rights of Way Management; 1987 1983 Regulatory Revisions Fees; 1989 Technical Changes; 1992 Maintenance and Improvement of Land in Agricultural Use; 1993 Preface to Wetlands Regulatory Revisions Effective January 1, 1994

(1) Introduction. 310 CMR 10.00 is promulgated by the Commissioner of the Massachusetts Department of Environmental Protection pursuant to the authority granted under The Wetlands Protection Act, M.G.L. c. 131, § 40. 310 CMR 10.00 shall complement M.G.L. c. 131, § 40, and shall have the force of law. 310 CMR 10.01 through 10.10 provide definitions and procedures. 310 CMR 10.01 through 10.10 pertains to both inland and coastal areas subject to protection under M.G.L. c. 131, § 40. 310 CMR 10.21 through 10.60 provide standards for work within those areas. 310 CMR 10.21 through 10.37 pertains only to coastal areas and 310 CMR 10.51 through 10.60 pertains only to inland areas. A project may be subject to regulation under 310 CMR 10.00 in which case compliance with all applicable regulations is required.
(2) Purpose. M.G.L. c. 131, § 40 sets forth a public review and decision-making process by which activities affecting Areas Subject to Protection under M.G.L. c. 131, § 40 are to be regulated in order to contribute to the following interests:
-protection of public and private water supply -protection of ground water supply -flood control -storm damage prevention -prevention of pollution -protection of land containing shellfish -protection of fisheries -protection of wildlife habitat

The purpose of 310 CMR 10.00 is to define and clarify that process by establishing standard definitions and uniform procedures by which conservation commissions and the Department may carry out their responsibilities under M.G.L. c. 131, § 40. Applicants and issuing authorities shall use forms provided by the Department to implement 310 CMR 10.00. 310 CMR 10.00 is intended solely for use in administering M.G.L. c. 131, § 40; nothing contained in 310 CMR 10.00 should be construed as preempting or precluding more stringent protection of wetlands or other natural resource areas by local by-law, ordinance or regulation.