Section 11.05 - ExemptionsThe provisions of 313 CMR 11.04 shall not apply to the following:
(1)Uses, Structures or Facilities in Existence. Uses, Structures or facilities lawfully in existence or for which all applicable municipal, state and federal permits and approvals, other than building permits and permits for septic systems, were obtained prior to July 1, 1992;(2)Reconstruction, Extension or Structural Change. Any reconstruction, extension or structural change to any Structure lawfully in existence on July 1, 1992, provided that such reconstruction, extension or structural change: (a) does not constitute a substantial change to or enlargement of that lawfully existing Structure; and(b) does not degrade the quality of the water in the Watershed.(3)Lot in Existence. The construction of one single-family Dwelling on any Lot existing as such prior to July 1, 1992, or the division of an owner occupied Lot existing as such as of July 1, 1992 into one additional Lot for a single family dwelling; provided, that wherever possible, there shall be no Alterations within the areas described in 313 CMR 11.04(1)(a) and (b).(4)Construction - Sewer System. The construction of any Dwelling described in 313 CMR 11.04(3)(b)2.p., (c) or (d) if a Sewer System existed prior to July 1, 1992 to which a direct connection shall be made without expansion of capacity and said connection is used for all sanitary sewage of any Dwelling or other Structure resulting from said construction and the sewer pipe to which said connection shall be made is within the Lot or along the Lot's road frontage prior to July 1, 1992;(5)Tributaries. Tributaries, or portions thereof, which the Division, in consultation with DEP, has exempted pursuant to 313 CMR 11.00, upon a determination that such exemption will pose no significant risk to the quality of the water, after taking into account the rate of flow, slope, soil characteristics, proximity to a Reservoir or the Ware River above the Ware River intake, the current level of water quality and the current degree of development;(6)Work of the Division. The Division, in the performance of its responsibilities and duties to protect the quality of the water in the Watersheds, or the Authority in the performance of its responsibilities and duties to maintain, operate and improve the Waterworks System;(7)Conversion of Land for Agricultural Use. Conversion of Land for Agricultural Use or preparation of Land for Agricultural Use; provided, however, that such conversion shall be made under a plan approved by the United States Department of Agriculture, Natural Resources Conservation Service and the Commissioner, in consultation with the Commonwealth's Department of Agricultural Resources, or have an approved Forest Cutting Plan;(8)Maintenance of Public Roadways in Existence. The maintenance, repair, replacement or reconstruction of public roadways existing as of September 1, 1989 or railroad track and rail bed existing as of September 1, 1990, including associated drainage systems, that are necessary to preserve or restore the facility's serviceability for the number of travel lanes and uses existing as of September 1, 1990; provided, however, that in the case of any replacement the design is substantially the functional equivalent of, and is of similar alignments to that which is being replaced; provided, further, that design plans and specifications for said work on roadways, or railroad track and rail beds are provided to the Division prior to the work's commencement;(9)Maintenance or Improvement - Agricultural. Activities relating to normal maintenance or improvement of Land in Agricultural Use; provided, however, that such activities do not impair the quality of the water or have an approved Forest Cutting Plan;(10)Construction of Public Highways. The construction of public highways, railroad track and rail beds and facilities directly related to their operation; provided, that the Secretary has determined that such highway or transportation service construction project requires direct access to or location in the lands described in 313 CMR 11.04(1) to avoid or minimize damages to the environment and that said Secretary and the Division have determined that such construction does not materially impair the quality of the water in the Watersheds;(11)Maintenance of Public Utilities. The maintenance, repair or expansion of lawfully located Structures or facilities used in the service of the public to provide electric, gas, water, sewer, telephone, telegraph and other telecommunication services; provided, however, that such maintenance, repair or expansion activities, Structures, or facilities do not materially impair the quality of water in the Watersheds as determined by the Division after consultation with DEP;(12)Maintenance of Public Utilities - Wetlands. The maintenance, repair or replacement, but not the substantial changing or enlargement of, an existing and lawfully located Structure or facility used in the service of the public and used to provide electric, gas, water, sewer, telephone, telegraph and other telecommunication services in Bordering Vegetated Wetlands; provided, however, that such maintenance and repair activities do not materially impair the quality of water in the Watersheds;(13)Clean up or Prevention of Releases. The undertaking by any Person, municipality, the United States government or the Commonwealth of temporary operations to clean up, prevent or mitigate releases of Hazardous Material or Waste;(14)Changes in Agricultural Crops Produced. Changes in agricultural crops produced;(15)Agricultural Technologies. The use of new or existing agricultural technologies that do not degrade the quality of water in the Watersheds more than the present agricultural technologies that such new or existing agricultural technologies replace; and(16)Municipal Sewage Treatment Facility or Water System. The construction of a new municipal Sewage Treatment Facility or new municipal water system if the Division determines that water quality will not be adversely impacted from said construction and provided that such new systems comply with all existing regulations and standards applicable to water pollution abatement districts.Adopted by Mass Register Issue 1333, eff. 2/24/2017.