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1. What are Wetlands?

By law, wetlands are defined by their vegetation, soils, and hydrology. Wetlands include ponds, rivers, streams (perennial and intermittent or seasonal), hillside seeps, bogs, wet meadows, swamps, marshes, vernal pools, land subject to flooding/floodplain, etc. Wetlands may not be wet all the time and may appear dry in the summer. Riverfront Area is also a resource area bordering both sides (200 feet on each side) of a perennial (year round) stream/river.

Most wetland resource areas are surrounded by “Buffer Zones” – a 100-foot wide protective zone that protects wetlands from human impacts.

Wetland resource areas on both public and private property are protected and regulated.

2. Are Buffer Zones around wetlands protected?

Yes! Buffer zones, the land within 100-feet of most wetland resource areas, are regulated and are critical in maintaining the health and productivity of wetlands. In Billerica, the inner Buffer Zone is referred to as the No Alteration Zone (either a 25- or 50-foot buffer setback). The Billerica Wetlands Protection Regulations establish performance standards for work proposed within Buffer Zone areas.

3. Why are wetlands important?

Apart from their aesthetic and recreational values, wetlands in their natural state perform important environmental functions that benefit the Town of Billerica. Wetlands protect water quality by trapping sediment and debris, breaking down pollutants, and absorbing excessive nutrients in water that would otherwise cause nuisance algae and plant growth. Wetlands and floodplains also act like sponges by absorbing stormwater runoff and releasing this water slowly – they essentially act as buffers and minimize and prevent flooding damage to infrastructure, roads and buildings. These functions are free! and minimize the need for extensive and expensive engineered flood management systems. Naturally forested Riverfront Areas also slow flood waters, trap sediment and debris, and provide essential travel corridors and habitat (breeding areas, protective cover, food) for wildlife.

4. How can Billerica residents help?

A large percentage of Billerica landowners have wetland resource areas on or near their property. Currently, the health of our wetlands is threatened by excessive nutrient input (from fertilizers, etc.), the invasion of non-native plant species, trash/litter, and pollutants that flow into parking lot and roadway storm drains.

In addition to abiding by the laws, there are many other ways citizens can help maintain the health of wetland resource areas:

• Do not use fertilizers near wetlands. Fertilizer overuse causes algae blooms and nuisance plant growth, which can cover our local ponds (Winnings and Richardson Ponds), lakes (Nuttings Lake) and rivers (Concord and Shawsheen Rivers). Use slow-release, low nitrogen fertilizer and phosphorus free or low phosphorus fertilizer.


• Do not use chemicals near wetlands - Herbicides, pesticides, or deicing agents can be toxic and kill plants and animals. Many stores carry more nature-friendly alternatives.


• Encourage native vegetation and wildlife. Native species are critical to healthy wetland ecosystems. Consider restoring part of your yard with native plants, especially where a healthy and vegetated inner buffer zone may not exist.


• Create a natural buffer. Leave a “natural” 25-foot buffer strip of native vegetation around streams, rivers, ponds, and wetlands.


• No dumping. Do not dump debris (i.e., construction materials, trash, landscaping, scrap metal) in wetlands or the No Alteration Zone (inner buffer zone area). No grass clippings, leaves or brush may be deposited in streams/rivers and ponds or their banks, Bordering Vegetated Wetlands, floodplain, and vernal pools, etc.


• Maintain your septic system properly. Contact the Billerica Board of Health for more information on proper septic system maintenance, such as pumping needs and impacts of chemicals and hazardous wastes on important system microorganisms.


• Report violations to the Conservation Department.

5. How do I find out if wetlands exist on my property?

You may contact the Conservation Department to determine if there are any wetlands on your property. Conservation staff can research if there was a previous filing for the property that could offer wetlands information and conduct a site visit. If there are resource areas located on your property and you need to have the wetland boundaries identified for a project, you must retain a Professional Wetland Scientist (PWS) to perform a wetland delineation.

6. When do I need a permit?

In general, construction, earth disturbing activities, drainage altering activities and removal of vegetation (cutting trees or shrubs) will require a wetlands permit when proposed within the 100-year floodplain, 200-feet of a perennial (year round) river or stream, and/or within 100-feet of any other wetland.

Regulated activities include:

• Constructing new or expanding existing structures (additions, etc.)


• Grading, excavating, filling (paving)


• Certain landscaping, reconstructing lawns, cutting or clearing vegetation


• Changing stormwater discharge


• Installing or replacing a septic system


• or any other activity that might alter wetlands or their buffer zones

Property owners and developers are encouraged to contact the Conservation Department at (978) 671-0966 during the early planning stages of a project. We are ready to answer your questions and help guide you through the potential next steps.

Do not assume your contractor will pull all the necessary permits. Landowners are responsible for any work and activity that occurs on his/her property. Before you hire a tree company, landscaper, or a contractor call the Conservation Department to determine if you need a permit.

7. What is the application process?

Most property owners working within or near wetlands will have to file 1 of 2 kinds of applications, a Request for Determination of Applicability (RDA) or a Notice of Intent (NOI). In general, you must file a permit application (which may require the professional services of a wetlands specialist and engineer); notify abutters; attend a public hearing(s); and resolve any concerns about protecting the wetlands during the review process. Then you receive a permit before starting the work.

Copies of state and town wetland regulations (e.g., 25- or 50-foot No Alteration Zone), filing guidelines and the Commission’s schedule of meetings are available on the Town’s main Conservation Commission webpage.

8. Can I cut down trees?

Disturbance of vegetation, including removal of trees within areas protected by the Massachusetts Wetlands Protect Act and/or the Billerica Wetlands Protection Bylaw must be reviewed by the Conservation Department and may also require formal approval from the Conservation Commission. If a tree is located within a protected area, and appears to pose a hazard to health and safety, please contact the Conservation Department at (978) 671-0966 to schedule a site inspection.

9. How do I close out my wetlands permit/apply for a Certificate of Compliance (COC)?

Applicant’s may request a Certificate of Compliance once all work outlined in the project’s Order of Conditions has been completed and all exposed areas are permanently stabilized.

The last page of the Order of Conditions typically provides an outline of the requirements and process. The applicant must submit a WPA Form 8A Request for Certificate of Compliance accompanied by a current As-Built Plan(s) that are stamped and signed by a Professional Civil Engineer (P.E) or a Registered Land Surveyor (R.L.S). A written statement from a P.E. or R.L.S certifying that the work was completed as shown on the plan(s) must also be submitted as part of the packet.

Upon receipt of a complete packet, Conservation staff will perform a final site inspection to determine compliance. After the inspection, the Request will be placed on the next scheduled meeting. Once approved by the Conservation Commission, the COC must be recorded at the Northern Middlesex Registry of Deeds to remove the encumbrance or “cloud” on the property title.

10. How can I find out if there are any wetlands-related setbacks or restrictions associated with the property?

A deed research at the Registry of Deed's website should show any Orders of Conditions that have been recorded into the digital system.

11. Where can I find information about Billerica’s open space, conservation and recreation lands in Billerica?

The Conservation Department created a series of brochures which include comprehensive geographical information system (GIS) maps. The brochures show the location of Town recreational and conservation properties and provide information on walking trails, playgrounds, open space, and other amenities, as well as, interesting historical facts. We have these brochures in the Conservation Office at Town Hall, and they are also posted here on this website.

Brochures