Rushy Marsh Pond
Rushy Marsh
Covered by Barnstable's watershed permit application, but not a designated Nitrogen Sensitive Area. MassDEP confirmed this in writing on 25 August 2026.
Which source governs? The disclosure form under 310 CMR 15.215(4) turns on designation, not on what a town filed. For a property here, box 4 — not in a Nitrogen Sensitive Area — is the answer. Confirm the address on the map before you sign, and raise anything that looks different with your Board of Health.
And it is not a finding of pollution. MassDEP is explicit that a town applying for a watershed permit does not imply an impaired watershed. 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 unrelated to water quality where you live.
What each town filed
| Town | Filing | Transmittal |
|---|---|---|
| Barnstable | Permit application | 23-WP95-0005-APP |
What the filings mean
Permit application
The town has filed a full Watershed Permit application. That is further along than a Notice of Intent: the plan itself is in front of MassDEP, not just an intention to produce one.
Because these are applications rather than granted permits, the suspension is conditional. A town that misses the milestones in its approved schedule can have the five-year upgrade clock started by MassDEP — running to 8 July 2030.
Selling a property here
On the MassDEP nitrogen disclosure form, a seller here would tick box 4 — the facility is not in a Nitrogen Sensitive Area. Do not tick box 2 on the strength of the filing above: the filing is real, the designation is not. Confirm on MassDEP's address map that nothing is shaded at the property.
Separately, a passing Title 5 inspection is required before transfer, as it is everywhere in Massachusetts. How the disclosure works →
Filings: MassDEP watershed application table, 11 June 2026. Non-designation confirmed by Andrew Osei, P.E., Environmental Engineer, Wastewater Management — Cape & Islands, MassDEP, 25 August 2026.
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Tell us the property and what you need. We pass the request to licensed Title 5 system inspectors covering that town. Free, and there is nothing to sign here.