Under the Massachusetts Drinking Water Regulations (310 CMR 22.00), municipal public water systems are required to protect drinking water sources from land uses and activities that have the potential to contaminate water supplies. Pursuant to the Massachusetts Department of Environmental Protection regulations, the Town of Rockport is required to adopt by-laws that comply with the Massachusetts Wellhead Protection Regulations [310 CMR 22.21(2)] and the Massachusetts Surface Water Supply Protection Regulations [310 CMR 22.20C(2)]. This Water Supply Protection Overlay District ("WSPOD") article complies with the requirements of these regulations and promotes the health, safety, and general welfare of the Town by ensuring an adequate quality and quantity of drinking water for the Town. The by-law preserves and protects state-permitted, delineated potential sources of drinking water. This by-law provides for the conservation of nature resources in the Town and prevents temporary or permanent contamination of the environment.
[Amended 4-3-2010 ATM; 4-1-2023 ATM]
[Amended 9-8-2025 FTM by Art. I]
As used in this article, the following terms shall have the meanings indicated:
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
Areas or aquifers which currently or could provide significant drinking water. As part of the Rockport water supply system, "Rockport drinking water sources" means all land that has been identified as providing existing and future water source or land that provides water to existing permitted water supplies that is not mapped by the MA DEP.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
See § 400-3.
Any area subject to protection under the Massachusetts Wetlands Protection Act[1] and the regulations adopted thereunder, as amended, and/or wetland resource areas subject to protection under the Rockport Wetlands By-law, Chapter 336 of the Code of By-laws, as amended, whichever is more restrictive.
The WSPOD overlays the underlying zoning but does not supersede the underlying zoning. If the underlying zoning is more restrictive of allowable uses than the WSPOD zoning, then the underlying zoning controls. If the WSPOD zoning is more restrictive of allowable uses than the underlying zoning, then the WSPOD zoning controls.
[Amended 9-8-2025 FTM by Art. I]
There are numerous subzones within the Watershed Protection Overlay District that are delineated on the Official Zoning Map on file with the Rockport Town Clerk. The WSPOD includes Zones I, II and III for groundwater sources, Zones A, B and C for surface water and delineated potential water supply areas.
A.
Zone I. The protective radius required around a public water supply well or wellfield within the Water Supply Protection Overlay District. For public water system wells with approved yields of 100,000 gpd or greater (Cape Pond Deep Rock Wells), the protective radius is 400 feet. Mill Brook wellfield, a tubular wellfield, requires a 250-foot protective radius.
B.
Zone II (ground). That area of an aquifer within the Water Supply Protection Overlay District that contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at approved yield, with no recharge from precipitation). It is bounded by the groundwater divides that result from pumping the well and by the contact of the aquifer with less permeable materials such as till or bedrock. In some cases, streams or lakes may act as recharge boundaries. In all cases, Zone II shall extend up gradient to its point of intersection with prevailing hydrogeologic boundaries (a groundwater flow divide, a contact with till or bedrock, or a recharge boundary). The Zone II must include the entire Zone I area.
C.
Zone III (groundwater). That land area within the Water Supply Protection Overlay District beyond the area of Zone II from which surface water and groundwater drain into Zone II. The surface drainage area as determined by topography is commonly coincident with the groundwater drainage area and will be used to delineate Zone III. In some locations, where surface and groundwater drainage is not coincident, Zone III shall consist of both the surface drainage and the groundwater drainage areas.
D.
Zone A (surface water). As part of the Rockport water supply system within the Water Supply Protection Overlay District, (a) the land area between a surface water source and the upper boundary of the bank; (b) the land area within a 400-foot lateral distance from the upper boundary of the bank of a Class A surface water source as defined in 314 CMR 4.05(3)(a), or any other surface water source within the Watershed Protection Overlay District; and (c) the land area within a 200-foot lateral distance from the upper boundary of the bank of a tributary or associated surface water body of a surface water supply, provided that the upper boundary of the banks of reservoirs and tributaries thereto are defined as the landward edges of any associated bordering vegetated wetlands ("BVW) or, where BVW is not present, as the top of bank of reservoirs and tributaries thereto. Delineation of BVW and of "top of bank" shall be in accordance with current guidance published by the Massachusetts Department of Environmental Protection or its successor agency.
E.
Zone B (surface water). As part of the Rockport water supply system within the Water Supply Protection Overlay District, the land area within 1/2 mile of the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), or edge of watershed, whichever is less, provided that the upper boundary of the banks of reservoirs are defined as the landward edges of any associated bordering vegetated wetlands ("BVW") or, where BVW is not present, as the upper boundary of the bank of reservoirs, exclusive of the area included in the defined Zone A-R. However, Zone B shall always include the land area within a 400-foot lateral distance from the upper boundary of the bank of the Class A surface water source.
F.
Zone C (surface water). As part of the Rockport and Gloucester water supply system, Zone C means the land area not designated as Zone A-R or B-R within the watershed of a Class A surface water source as defined at 314 CMR 4.05(3)(a).
Zone II, III A, B, C and mapped potential drinking water sources may overlap one another where a groundwater well is located near a surface water supply. In such overlapping zones, a use is prohibited if it is prohibited in either Zone II, III, A, B, C and potential drinking water sources.
The boundaries of the WSPOD do not necessarily coincide with property lines. In such instances, the regulations of this article shall only apply to that portion of a lot that lies within the WSPOD.
Within any subzone within the WSPOD, there shall exist a "no build" zone that is 100 feet measured horizontally landward of a Wetland and a "no-disturb" zone that is 50 feet measured horizontally landward of a wetland resource area.
The following activities and uses are prohibited in Zone II:
D.
Stockpiling and disposal of snow or ice removed from highways and streets located outside of Zone II that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal;
E.
Petroleum, fuel oil and heating oil bulk stations and terminals, including but not limited to those listed under Standard Industrial Classification (SIC) Codes 5171 (not including liquefied petroleum gas) and 5983. SIC Codes are established by the U.S. Office of Management and Budget and may be determined by referring to the publication Standard Industrial Classification Manual;
F.
Treatment or disposal works subject to 314 CMR 5.00, Ground Water Discharge Permit Program, for wastewater other than sanitary sewage. This prohibition includes but is not limited to treatment or disposal works related to activities under the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6) (Title 5), except the following:
G.
Facilities that generate, treat, store or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.000; Hazardous Waste, except for the following:
H.
Any floor drainage systems in existing facilities, in industrial or commercial hazardous material and/or hazardous waste process areas or storage areas which discharge to the ground without a DEP permit or authorization. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the state plumbing code, 248 CMR 10.00, Uniform State Plumbing Code), connect the drain to a municipal sewer system (with all appropriate permits and pretreatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies.
The following uses and activities within Zone II are prohibited unless designed in accordance with the performance standards specified below.
B.
Storage of sodium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
C.
Storage of commercial fertilizers, as defined in MGL c. 128, § 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
D.
Storage of animal manures, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff and leachate;
E.
Storage of liquid hazardous materials, as defined in MGL c. 21E, and/or liquid petroleum products unless such storage is:
(1)
Above ground level.
(2)
On an impervious surface and either:
(a)
In container(s) or aboveground tank(s) within a building; or
(b)
Outdoors in covered container(s) or aboveground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers or 110% of the largest container's storage capacity, whichever is greater; however, these storage requirements shall not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline, provided the replacement is performed in a manner consistent with state and local requirements.
F.
The removal of soil, loam, sand, gravel or any other mineral substances within four feet of the historical high groundwater table elevation (as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey), unless the substances removed are redeposited with 45 days of removal on-site to achieve a final grading greater than four feet above the historical high water mark, and except for excavations for the construction of building foundations or the installation of utility works, or wetland restoration work conducted in accordance with a valid order of conditions issued pursuant to MGL c. 131, § 40; and
G.
Land uses that result in the rendering impervious of more than 15% or 2,500 square feet of any lot or parcel, whichever is greater, unless a system for artificial recharge of precipitation is provided that will not result in the degradation of groundwater quality.
[Amended 9-8-2025 FTM by Art. I]
The following activities and uses are prohibited in Zone A:
A.
Underground storage tanks;
B.
Aboveground storage of liquid hazardous materials as defined in MGL c. 21E or liquid propane or liquid petroleum products, except as follows:
(1)
The storage is incidental to normal household use, maintenance, or the heating of a structure;
(2)
The storage is incidental to the use of emergency generators;
(4)
The storage is either in container(s) or aboveground storage tank(s) within a building or outdoors in covered containers or aboveground tanks. This containment system shall be designed and operated to hold either 10% or the total possible storage capacity of all containers or 110% of the largest container's storage capacity, whichever is greater. The storage requirements in this subsection do not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline, provided the replacement is performed in accordance with applicable state and local requirements.
C.
Treatment or disposal works subject to 314 CMR 3.00, Surface Water Discharge Permit Program, or 314 CMR 5.00, Ground Water Discharge Permit Program, except the following:
(1)
The replacement or repair of an existing treatment or disposal works that will not result in a design capacity greater than the design capacity of the existing treatment or disposal works;
(2)
Treatment or disposal works for sanitary sewage if necessary to treat existing sanitary sewage discharges in noncompliance with 310 CMR 15.00, the State Environmental Code, Title 5, Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-Site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage, provided the facility owner demonstrates to the Department's satisfaction that there are no feasible siting locations outside of the Zone A. Any such facility shall be permitted in accordance with 314 CMR 5.00, Ground Water Discharge Permit Program, and shall be required to disinfect the effluent. The Department may also require the facility to provide a higher level of treatment prior to discharge;
(4)
Discharge by public water system of waters incidental to water treatment processes.
D.
All on-site subsurface sewage disposal systems, as defined in 310 CMR 15.00, the State Environmental Code, Title 5, Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-Site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage, within Zones A, B, and C, shall be in compliance with the requirements of 310 CMR 15.00.
E.
Within the Zone A of all surface water supplies and tributaries as defined in 310 CMR 22.02, all sewer lines and appurtenances are prohibited, except as required to eliminate existing or potential pollution to the water supply or where the crossing of tributaries is necessary to construct a public sewer system. Where the exception is met, watertight construction of sewer lines and manholes shall be used.
F.
Within 1,000 feet of surface water supplies and tributaries, all pumping stations shall have standby power and high water alarms telemetered to an appropriate location that is manned at all times. An emergency contingency plan must be developed by the owner of the wastewater treatment facility and submitted to the Department for approval.
G.
Beyond 1,000 feet, and within the watershed of surface water supplies, the Department may in specific circumstances, after review, require additional controls when deemed necessary for protection of public health.
H.
No stabling, hitching, standing, feeding or grazing of livestock or other domestic animals shall be located, constructed, or maintained within 100 feet of the bank of a surface water source or tributary thereto. Owners and operators of agricultural operations should consult the Massachusetts Department of Agricultural Resources On-Farm Strategies to Protect Water Quality – An Assessment and Planning Tool for Best Management Practices (December 1996) for information about technical and financial assistance programs related to erosion and sediment control and nutrient, pest, pesticide, manure, waste, grazing, and irrigation management.
I.
No burial shall be made except by permission, in writing, by the Board of DPW Commissioners acting as Cemetery Commissioners, or like body having jurisdiction over such source of supply, in any cemetery or other place within 100 feet of the high water mark of a source of public water supply or tributary thereto. No lands not under the control of cemetery authorities and used for cemetery purposes, from which lands the natural drainage flows into said source of water supply or tributary thereto, shall be taken or used for cemetery purposes until a plan and sufficient description of the lands is presented to the Board and until such taking or use is expressly approved, in writing, by the Board.
J.
No person, without written permission from the Department of Public Works, shall use any public water source for recreational purposes. Violations of this provision shall be subject to a civil fine of up to $300. Nothing in this subsection shall prohibit the Department of Public Works or its agents from engaging in the maintenance or improvement of a public surface water supply.
[Amended 9-8-2025 FTM by Art. I]
In addition to those used prohibited in § 400-90 above, the siting of the following new land uses within Zone A are prohibited:
A.
Facilities that, through their acts or processes, generate, treat, store or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.000, Hazardous Waste, except for the following:
(2)
Treatment works approved by the Massachusetts Department of Environmental Protection (MassDEP) designed in accordance with 314 CMR 5.00: Ground Water Discharge Permit Program for the treatment of contaminated groundwater or surface waters;
(3)
Sand and gravel excavation operations;
(4)
Uncovered or uncontained storage of fertilizers;
(5)
Uncovered or uncontained storage of road or parking lot deicing and sanding materials;
(6)
Storage or disposal of snow or ice, removed from highways and streets outside the Zone A, that contains deicing chemicals;
(7)
Uncovered or uncontained storage of manure;
(8)
Junk and salvage operations;
(9)
Motor vehicle repair operations;
(10)
Cemeteries (human and animal) and mausoleums;
(11)
Solid waste combustion facilities or handling facilities as defined at 310 CMR 16:00, Site Assignment Regulations for Solid Waste Facilities;
(12)
Land uses that result in the rendering impervious of more than 15%, or more than 20% with artificial recharge, or 2,500 square feet of any lot, whichever is greater; and
(13)
Commercial outdoor washing of vehicles, commercial car washes.
The provisions of the WSPOD shall be enforced by the Building Inspector of the Town of Rockport. All remedies and penalties available for enforcement of the Zoning By-law shall be applicable to the enforcement of the WSPOD.
Changes to the Water Supply Protection Overlay District require Town meeting approval.