Regulations covering stormwater discharges predate the watershed approach. Under the state Clean Waters Act, MGL c. Due to limited administrative resources, Massachusetts has rarely issued permits for stormwater discharges. While the Watershed Initiative is relatively new, Massachusetts also boasts the oldest and perhaps the most successful wetlands protection program in the nation. Since the 1960s, the comprehensive statute has both directly and indirectly provided protection of water resources.
Administration is shared by local and state government.
Under the Wetlands Protection Act, MGL c.131 s.40, local conservation commissions and the Department have responsibility for ensuring wetlands protection through the issuance of permits for activities in floodplains and in or near wetlands and waterbodies. The public interests served by the act are public and private water supplies, groundwater supply, prevention of pollution, flood control, protection of land containing shellfish, protection of fisheries, storm damage prevention, and protection of wildlife habitat. Proposed work in a resource area, and within a 100 foot buffer zone if it will alter any resource area, requires a permit. Although stormwater discharges clearly implicate most of the public interests that the Wetlands Protection Act is designed to safeguard, the regulations have no specific provisions for stormwater. However, the authority to regulate stormwater is implicit in the regulations.