In the nineteenth century, when a building boom put pressure on the commonwealth s tidelands, the legislature grew concerned about maintaining coastal access and losing working waterfronts. Recognizing the need for a mechanism that would review and plan building on waterfronts, they created Chapter 91 in 1886. Under Chapter 91, the state grants or denies licenses to build on tidelands. The law also extends to great ponds and navigable waters, both fresh and salt water. The intent of Chapter 91 seems obvious.
Tidelands are a precious and unique resource.
For our economic health and out of respect for this state s very foundation, the tidelands of the state are held in common and water- dependent uses are to be maintained. Chapter 91 was created to preserve the public s right to fish, fowl and navigate the coastal waters of Massachusetts and to prevent residential housing or office buildings from dominating our waterfronts, squeezing out the boat yards and fishing docks that require waterfront access. The center of the controversy is the Logan Commerce, a proposed freight-forwarding facility slated for the McClellan Highway in East Boston, directly on our historic tidelands. The DEP s reason for issuing a Chapter 91 license is tenuous at best. The DEP ruled that Logan Commerce is a water-dependent business because some freight handled by the facility will arrive in Boston via ship.