Designated 2023-07-07
Barnstable
Barnstable is the largest town on the Cape by population and the furthest along procedurally: it filed a full Watershed Permit application rather than a Notice of Intent. That application covers seven watersheds, four of which are designated Nitrogen Sensitive Areas — the town is approaching nitrogen abatement comprehensively, working to town boundaries as well as watershed boundaries, so the filing reaches ground that is not designated.
What Barnstable filed
| Watershed | Filing | Transmittal | MassDEP's map calls it |
|---|---|---|---|
| Three Bays | Permit application | 23-WP95-0005-APP | Three Bays System |
| Popponesset Bay | Permit application | 23-WP95-0005-APP | Popponesset Bay |
| Barnstable Harbor | Permit application | 23-WP95-0005-APP | not a designated NSA |
| Centerville River | Permit application | 23-WP95-0005-APP | Centerville River - East Bay System |
| Halls Creek | Permit application | 23-WP95-0005-APP | not a designated NSA |
| Rushy Marsh | Permit application | 23-WP95-0005-APP | not a designated NSA |
| Lewis Bay | Permit application | 23-WP95-0005-APP | Lewis Bay Embayment System |
Barnstable included them because the town is approaching nitrogen abatement comprehensively — working to town boundaries as well as watershed boundaries — rather than filing watershed by watershed. A town may apply for a watershed permit over ground that is not designated.
What that means for a seller. The disclosure form follows designation, not the filing. For a property in one of these areas, box 4 — not in a Nitrogen Sensitive Area — is the answer. Confirm on the map, and raise it with Barnstable Board of Health if anything looks different.
What that means if you are selling
Every designated watershed Barnstable appears in is covered by a filing, so the nitrogen upgrade requirement is suspended in all of them. On the MassDEP disclosure form a seller in one of those would normally tick box 2 — in a Nitrogen Sensitive Area, not currently subject to an upgrade — and name the filing above.
That does not extend to Barnstable Harbor, Halls Creek, Rushy Marsh. A filing there is not a designation, and a seller would tick box 4 instead. See the note above.
A filing is not a finding of pollution. MassDEP is explicit that a town applying for a watershed permit does not imply the watershed is impaired: the watershed permit is the only mechanism through which MassDEP reviews alternative approaches to nutrient abatement — permeable reactive barriers, cranberry bog reactors and bog restoration — so a town may file for reasons unconnected to water quality at any particular property.
Start from the map, not from this table. Look the address up on MassDEP's address map, read the Estuarine System Name in the popup, and put that name into the check tool. If the map shows no shaded area at the property, box 4 applies — see the note above.
If Barnstable were to miss the milestones in its approved schedule, MassDEP could start the five-year upgrade clock, which would run to 8 July 2030. That has not happened. It is the reason this page carries a date and gets re-checked.
Watersheds shared with other towns
These cross town lines, and the neighbouring town did not always file the same way — so two properties in the same watershed can sit in different positions.
- Three Bays — also Mashpee (De Minimis application), Sandwich (Notice of Intent)
- Popponesset Bay — also Mashpee (Notice of Intent), Sandwich (Notice of Intent)
- Lewis Bay — also Yarmouth (Notice of Intent)
A property sitting near a watershed boundary can return two names from a single click on MassDEP's map, each a real watershed. Run the check once for each. If the two give different answers, Barnstable Board of Health decides which one the property is in.
The requirement that applies either way
A passing Title 5 inspection is required before you transfer title in Massachusetts. For an ordinary sale it must be done at or within two years before the transfer — or up to three years before, if the report comes with pumping records showing the system was pumped at least once a year since (310 CMR 15.301(1)). Some transfers run on their own timetables under 15.301(3), and refinancing or adding a spouse is not a transfer at all under 15.301(2). That is independent of anything on this page.
Your septic records
Barnstable Board of Health holds septic records for the seven villages. If you are trying to establish that nitrogen-reducing technology was already installed — box 3 on the disclosure form — that installation date is what you need, and the Board of Health file is where it lives.
Filings from MassDEP watershed application table, 11 June 2026. Map names transcribed from MassDEP's NSA Address Lookup Map, 10 August 2026. Non-designation of Barnstable Harbor, Halls Creek, Rushy Marsh confirmed by MassDEP, Wastewater Management — Cape & Islands, 25 August 2026.
Get a Title 5 inspection quote
Tell us the property and what you need. We pass the request to licensed Title 5 system inspectors covering Barnstable.