The Town of Lexington regulates wetlands and floodplain protection in accordance with the terms of the Massachusetts Wetlands Protection Act (M.G.L. 131 Section 40 A) and the Town of Lexington's Wetlands Protection Code. The Environmental Protection
The Town of Lexington regulates wetlands and floodplain protection in accordance with the terms of the Massachusetts Wetlands Protection Act (M.G.L. 131 Section 40 A) and the Town of Lexington's Wetlands Protection Code. The Environmental Protection Agency/United States Army Corps of Engineers also regulates activities in wetlands through the Clean Water Act.
Wetlands include streams, ponds, marshes, wet meadows, bogs, swamps, and other wet areas, as defined by the Wetlands Protection Act.
Frequently Asked Questions about wetlands protection>>
Learn more about stormwater run-off>>
Rules and Regulations
The Clean Water Act (Federal)>>
The Wetlands Protection Act (Commonwealth of Massachusetts)>>
Wetlands Protection Act Regulations (Commonwealth of Massachusetts)>>
Wetlands Protection Act Regulations Appendices (Commonwealth of Massachusetts)>>
Wetland Protection Code (Town of Lexington>>
Wetland Protection Code Rules (Town of Lexington)>>
Filing Procedures and Forms
The following documents provide procedures and forms for filing under the Massachusetts Wetlands Protection Act and the Lexington Wetland Protection Code. For more information on filing procedures, see Frequently Asked Questions or contact the Conservation Division.
Notice of Intent procedure>>
Notice of Intent form>>
Request for Determination of Applicability procedure>>
Request for Determination of Applicability form>>
Abbreviated Notice of Resource Area Delineation form>>
Request for Certificate of Compliance form>>
Legal Notice Authorization Charge form>>
Affidavit of Service form>>
Abutter Notification Notice of Intent>>
Other Helpful Documents
Plant Materials Guide for Lexington>>
Frequently Asked Questions
What is a wetland?
Legally, the term wetland includes not only what we typically think of as wetlands, such as streams, ponds, and cattail marshes, but also areas such as wet meadows, red maple swamps, and intermittent streams that may be dry for a significant portion of the year. The technical definitions may be found in the Massachusetts Wetlands Protection Act and its accompanying regulations, and for the most part are based on the occurrence of surface water and/or the abundance of specific wetland plants.
What is a floodplain?
A floodplain is an area that experiences surface flooding during storms. Two types of floodplain areas are protected under the state act. The more common areas are those bordering streams or ponds that flood during the 100-year statistical storm, which is the worst storm that can be expected to occur, on average, once every 100 years. The less common areas are isolated depressions that flood at least once a year to an average depth of 6" and to a volume of one-quarter acre-foot (10,890 cubic feet).
What activities are regulated in wetlands and floodplains?
Under the law, no one may "remove, fill, dredge, or alter" any wetland, any floodplain, or any land within 100 feet of a wetland without a permit from the Lexington Conservation Commission. The term "alter" is defined to include any destruction of vegetation, any change in drainage characteristics or flow patterns, or any change in the water table. Examples of activities requiring a permit include construction of a house, garage, or shed, filling to enlarge a backyard, installation of drainage ditches, and disposal of landscaping debris and other materials.
Why are wetlands and floodplains so important?
Wetlands are afforded legal protection because they pay an important role in overall environmental quality through: protecting the groundwater and the private and pubic water supply; controlling pollution by acting as a filter for removing sediments, nutrients and other pollutants from runoff; reducing storm and flood damage by providing areas to retain and store water; and as habitat for fish and wildlife.
Over half of this country's original wetland acreage has been lost to agricultural and urban development. The cost of this loss in degraded water quality, increased storm damage, and depleted fish and wildlife populations have been well documented.
Floodplains are protected because they provide "storage" for floodwaters during storms. Any alteration to the land that reduces this storage capacity will displace floodwaters and cause greater flooding elsewhere. Unfortunately, there are too many examples of damage to property and even loss of life through the cumulative effect to incremental filing of floodplains over the years.
How can I find out if my property lies in or near a wetland or floodplain?
Some wetlands, of course, are easily recognizable: streams, ponds, and cattail marshes, for instance. Distinguishing other wetland areas may be more difficult and can require the services of a trained botanist. The Conservation Administrator in the Office of Community Development may be able to assist you in identifying areas of wetlands on your property. There are a number of engineering firms and wetlands consultants that can provide this service for a fee. If you wish to develop your land, the wetlands on or near your property must be mapped.
The floodplain map for Lexington issued by the Federal Emergency Management Agency shows the floodplain associated with major streams in town. Follow these instructions for viewing the map online. Unfortunately, the map is far from complete, and many floodplain areas are not indicated. If your pro