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Rivers Act Case

Aerial view of the West Branch of the Westport River. Red line denotes the river mouth (courtesy of the Massachusetts DEP)

This case arose in 2000 over a dispute as to the proper wetland delineation on property situated along the West Branch of the Westport River. 

The Massachusetts Department of Environmental Protection’s (DEP's) Commissioner maintained that the West Branch of the Westport River exhibited riverine characteristics and that plaintiff’s property had a riverfront area.  The property owner appealed the Commissioner’s decision claiming that the water body adjacent to her property failed to meet the regulatory definition of a river. 

In 2002 the Coalition led an alliance of environmental groups, including the Westport River Watershed Alliance and the Westport Fisherman’s Association, into the fight and intervened as a defendant in the case.

In a decision issued on December 23, 2005, the Massachusetts Superior Court upheld the DEP Commissioner’s definition that the West Branch of the Westport River is in fact a river and affirmed that the properties located along a DEP defined river contain riverfront areas and are afforded the environmental protections of the Massachusetts Wetlands Protection Act and associated regulations.

download the superior court's final decision on the rivers act case [534 KB PDF]