What Massachusetts Homeowners Need to Understand About the New Nitrogen Sensitive Area Regulations

On July 7th, 2023, new regulations regarding Nitrogen Sensitive Areas (NSAs) from the Massachusetts Department of Environmental Protection (Mass DEP) went into effect. If you are a homeowner in Massachusetts, particularly in areas of NSAs, it is important to comply with the new regulations. As a real estate firm servicing clients in Southeastern Mass, we clarify these new regulations and share some steps you can take today to save yourself from any issues. 

Understanding Nitrogen Sensitive Areas

A Natural Resource NSA is an area where nitrogen discharge from septic systems would be detrimental to the environment and public health due to exceeding Total Maximum Daily Load (TMDL) criteria. It is separate from the NSAs for Drinking Water Protection (Zone 2). 

Recently, the MassDEP finalized Title V (septic systems) regulation changes specific to Barnstable County. The regulations aim to reduce nitrogen pollution in surrounding environmental areas from outdated septic systems.

Understanding the Title V Regulation Changes

Under these new regulations, towns within the designated NSAs have the option to secure a Watershed Permit within two years of July 7, 2023, which would exempt them from the updated Title V requirements. However, if a town fails to obtain the Watershed permit, homeowners in the NSAs must upgrade their septic systems to incorporate the ‘best available nitrogen reducing technology,’ also known as the Innovative Alternative (IA) septic system, by July 7, 2030.

New construction in a designated NSA must incorporate the best available Nitrogen Reducing Technology six months after the effective date unless the town files a Notice of Intent or an application for a Watershed Permit. However, repairs or replacements of existing septic systems that fail are exempt from the upgrade requirement.

What Homeowners Need to Do

1. Check If Your Property Falls Within a Nitrogen Sensitive Area: The first step is to determine whether your property is located within a designated NSA. You can use the property lookup tool provided by MassDEP on their website for this purpose. You can find this resource here. Bookmark the tool for future reference.

2. Understand the Watershed Permit Option: If your property is in an NSA, it’s essential to stay informed about your town’s actions regarding the Watershed Permit. Within two years of July 7, 2023, the town has the opportunity to secure the Watershed Permit, which would prevent the immediate need for septic system upgrades. If your town does not secure the permit, this may impact your home’s current septic system.

3. Disclosure Obligations During Property Transfers: As a homeowner in an NSA, you are required to disclose the property’s NSA status to potential buyers and the local Board of Health before any property transfer takes place. Make sure you are aware of this disclosure requirement and comply accordingly.

4. Stay Up to Date: Several agencies are working on disclosure language to help people comply with the new regulations. It is important to keep an eye on new updates and remain informed.

The situation surrounding the new regulations may evolve. Keep informed to learn more about any changes or clarifications from Mass DEP or local authorities. At PK Boston Law, we are committed to supporting you through these changes. If you have immediate questions or concerns, feel free to reach out to us at info@pkboston.com or give us a call at 508-807-1131. One of our attorneys will gladly assist you.