310 CMR, § 36.16 - Withdrawals Requiring a Permit

(1) Unless exempted by 310 CMR 36.05, the following withdrawals require a permit:

(a) for persons with no registration or permit for withdrawals within the water source, a withdrawal that exceeds the threshold volume;

(b) for persons with a registration for withdrawals within the water source, a withdrawal of more than the threshold volume in excess of a registered volume;

(c) for persons with a permit for withdrawals within the water source, any unregistered withdrawal in excess of the volume authorized in the permit; and

(d) redundant wells.

(2) No person may commence construction of any building or structure or commence any other activity that may require that person to make a withdrawal described in 310 CMR 36.16(1) without first applying for and obtaining a permit for that withdrawal from the Department.

(3) Water withdrawals used for the following activities are presumed to withdraw less than the threshold volume and do not require a permit, unless the Department determines otherwise.

(a) Cranberry Cultivation.

1. Each person not certified by the Natural Resource Conservation Service as using best management practices and who irrigates less than or equal to 4.66 acres of bogs in excess of any registered acreage within one water source;

2. Each person certified by the Natural Resource Conservation Service as employing best management practices and who irrigates less than or equal to 9.3 acres of bogs in excess of any registered acreage within one water source;

(b) Golf Courses.

1. Irrigation of less than 23 acres for a golf course during the period of initial vegetation grow-in or 36 months from planting, whichever period is longer;

2. Irrigation of less than 35 acres of golf course with mature established turf.

Notes

310 CMR, § 36.16

Adopted by Mass Register Issue 1273, eff. 11/7/2014. Amended by Mass Register Issue 1487, eff. 1/20/2023. Amended by Mass Register Issue 1491, eff. 1/20/2023.