Homeowners to Pull More Permits

By David Watkins
editor@waylandpost.org

For local homeowners, Chapter 193 marks a significant shift in how modest property improvements are regulated, underscoring why pre-funding the Conservation office matters. Projects that once needed only a building permit review may now require a Stormwater Management and Land Disturbance Permit (SMLDP).

Public comment on the proposed regulations will close on June 18 and the final public hearing will be July 9.

As Wayland prepares to finalize major updates to its Stormwater and Land Disturbance Bylaw (Chapter 193), a review of nearby towns shows Wayland may adopt some of the region’s most detailed, stringent and costly stormwater and land disturbance rules.

The draft regulations, spanning 34 pages, introduce new development thresholds, tighter environmental standards, and expanded enforcement tools, making Wayland more rigorous in several areas than neighboring towns such as Weston, Lincoln, Sudbury and Natick.

Wayland’s proposed bylaw would require major permits for “land disturbances” over 10,000 square feet or for projects that create or expand more than 2,000 square feet. Smaller projects may still require a “minor permit.” Weston sets its permit threshold at 5,000 square feet of disturbance. Natick uses a 3,000-square-foot trigger. Lincoln generally applies permitting for one acre of disturbance. Sudbury’s threshold is 40,000 square feet. Wayland thus falls between Natick’s tighter threshold and Lincoln’s more lenient approach.

The proposed regulations call for fines starting at $175 for first offenses and up to $500 for repeat violations, as well as introduce stop-work orders, annual maintenance inspections and surety bonds for larger projects. While all towns have some enforcement, Wayland’s emphasis on detailed post-construction oversight stands out. For example, Natick requires escrow accounts for some projects, and Weston’s Conservation Commission enforces local bylaws. Few, however, match Wayland’s proposed annual inspection and aggressive penalty structure.

Stormwater Rules Go Beyond State Mandates

More than neighboring communities, residents may be surprised by how far the rules exceed Massachusetts state requirements. While state regulations mainly apply to projects disturbing one acre or more, Wayland’s 2025 proposed regulations lower that threshold to just 5,000 square feet of land disturbance or 500 square feet of new impervious surface, meaning stormwater permits for smaller projects.

In Massachusetts, larger projects must meet 10 statewide Stormwater Management Standards, covering runoff control, pollution prevention, and groundwater recharge. These standards back the state’s Clean Water Act compliance and are usually enforced by local conservation commissions through MS4 (Municipal Separate Storm Sewer System) permits.

Removing more than six healthy trees (six inches or larger in diameter) may trigger permit requirements. If trees were removed before filing, the replacement requirement doubles. Projects using porous asphalt or pavers still need a full review. Where state guidelines encourage Low Impact Development (LID), Wayland’s proposals effectively require it unless an applicant can show it’s not feasible.

Environmental Design Standards

Wayland aligns with other towns by using NOAA’s Atlas 14 rainfall data, requiring retention of the first inch of runoff on-site, and counting porous pavement as impervious for permitting. The standard is dependent on continued Federal funding and the support of the Federal Agency responsible. The Town could be on the hook to fund any updates in the event that the Federal Government changes its support strategy. These measures comply with state and federal MS4 rules. Like Weston and Natick, Wayland encourages low-impact development but will go further by mandating more extensive documentation, modeling, and pollution-prevention plans for larger projects.

Why an Earmarking Funding Must Precede Enforcement

The Conservation Commission needs voter-approved funding, according to Massachusetts municipal finance statutes M.G.L. c. 44, § 31, to enforce its newly formed rules. The most recent budget does not specify additional new costs for staff time, consulting fees, software licenses and public education.
If Chapter 193 regulations launch “unfunded,” routine minor-permit reviews, projects such as repaving a 600-square-foot patio, installing a pool or fixing a driveway could stall due to inadequate staffing and software resources. Delays not only frustrate homeowners but also force the town to rely on plugging staffing gaps with hired specialists at premium rates.

Homeowners failing to secure pre-authorization also risk violating state and federal requirements. Annual best-management-practice inspections, illicit-discharge tracking and reports to MassDEP and the EPA are all mandated under Chapter 193.

Wayland could wait until the Town Meeting for appropriation approval and still meet environmental obligations and maintain its tradition of fiscal accountability.

Volunteers Oversee Chapter 193 Implementation

As Wayland moves forward with ambitious updates to Chapter 193, it must be remembered that those responsible for implementing these complex regulations are ordinary homeowners.

The Conservation Commission, like many in Massachusetts, is made up of dedicated citizen volunteers. But Chapter 193, especially in its new 2025 form, is not a simple set of guidelines – it spans over 100 pages, includes technical requirements for hydrology modeling, annual engineering inspections and enforcement mechanisms ranging from fines to stop-work orders.

The updated bylaw demands that every permit be reviewed for compliance with complex stormwater design standards, based on the Massachusetts Stormwater Handbook and NOAA rainfall data. It requires site-specific analysis, grading plans, erosion controls and long-term maintenance plans. Most applications would be required to include engineer-stamped hydrologic calculations and geotechnical data. It is simply not feasible or realistic to rely on volunteers for consistent interpretation and enforcement of these technical submittals without professional support and oversight.

Moreover, the bylaw gives the Commission the power to issue penalties, enforce fines, and conduct site inspections. Enforcement of local environmental law is a serious responsibility, especially when it includes potential liens on private property. Not all volunteers or staff are attorneys or licensed civil engineers. Relying on them to issue legal orders and adjudicate violations invites inconsistency, legal risk and burnout.

Resident volunteers without the necessary technical backgrounds will be asked to make findings outside of a reasonable level of expertise that can be acquired by board experience. Wayland’s draft regulations do allow for the use of outside consultants. The implementation of Chapter 193 could be facilitated by a full-time, qualified stormwater resource with training in civil or environmental engineering, or hydrology.
A qualified individual could serve as the technical staff expert of the Commission, reviewing plans, coordinating inspections, issuing determinations, and ensuring compliance with evolving state and federal stormwater rules. Other towns in the region have already recognized this need. Natick has staff in its Engineering Division and Conservation Department overseeing stormwater permitting. Weston utilizes both staff and third-party consultants on a regular basis.

Volunteers are essential and critical for setting policy, shaping values, and representing the voice of the community. However, Chapter 193 is a sophisticated legal and engineering framework necessitating professional skill sets to support sustainable development and withstand legal scrutiny. No discussion of providing funding in order to match the town’s regulatory goals has been made.