reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.06 - Requests for Determination of Applicability

Current through Register 1525, July 5, 2024
(1) Any person who desires a determination
			 whether
			 310 CMR
			 9.00 presently apply to any area of land or water, or
			 any activity thereon, may submit to the Department a request for a
			 determination of applicability. Said request shall:
(a) use the appropriate determination of
			 applicability forms provided by the Department;
(b) provide a detailed description of the
			 proposed project, if any, which identifies all existing and proposed fill and
			 structures and uses thereof; and
(c) include a plan or plans showing:
1.an appropriately-scaled site location
			 map;
2.references to any previous
			 licenses, permits, or other authorizations for existing structures, fill, or
			 dredging at the site, including the license number(s) and the date the license
			 was recorded at the Registry of Deeds or Land Court;
3.appropriately-scaled principal dimensions
			 and elevations of proposed and existing fill, structures, or dredging in
			 waterways;
4.any historic dredging,
			 filling, or impoundment at the site; and
5.a delineation of the present high and low
			 water marks, and the historic high and low water marks, as relevant.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.07 - Activities Subject to Annual Permit

Current through Register 1525, July 5, 2024
(1)
General
. A written application for an annual permit
			 must be submitted to the harbormaster of a city or town or, in a municipality
			 where no harbormaster has been appointed, to the municipal official or other
			 designated local official(s), for the placement on a temporary basis of
			 moorings, floats or rafts held by bottom-anchor, and ramps associated thereto,
			 which are located within the territorial jurisdiction of the municipality. A
			 written application for an annual permit for small structures accessory to
			 residences must be submitted to the harbormaster or other designated local
			 official when a city or town has been approved by the Department to administer
			 a local permitting program under
			 310
			 CMR 9.07(3), unless a
			 license or other authorization under
			 310 CMR
			 9.00 is obtained from the Department. The harbormaster
			 or other designated local official shall establish a schedule for receipt of
			 applications. Completed applications shall be acted upon within a period of 15
			 days from receipt, according to the schedule. Any permit may contain such
			 terms, conditions and restrictions as deemed necessary, consistent with the
			 requirements of
			 310
			 CMR 9.07. No license shall be required from
			 the Department if an annual permit is issued pursuant to
			 310
			 CMR 9.07. A city or town implementing
			 310
			 CMR 9.07 shall not discriminate against any
			 citizen of the Commonwealth on the basis of residency, race, religion, sex,
			 age, disability, or other illegal distinction. The provisions of
			 310
			 CMR 9.07 shall be enforced by local
			 officials. The Department may enforce the provisions of
			 310
			 CMR 9.07 upon the request of a local
			 permitting program or upon a finding that local enforcement is
			 inadequate.
(2)
Annual
			 Permits for Moorings, Floats and Rafts
.
(a) The harbormaster or other local official
			 shall provide a written procedure for the fair and equitable assignment from a
			 waiting list for use of vacant or new moorings, floats or rafts held by
			 bottom-anchor and ramps associated thereto. Methods for mooring assignment
			 which are appropriate include, but are not limited to, one or more of the
			 following:
1. date of application;
2. physical characteristics of vessels,
e.g.
, size and type;
3. purpose of vessel use,
e.g.
, commercial
vs
. recreational or public
vs
. private.
The harbormaster, however, may allow the previous permit holder
				of a mooring to renew, on an annual basis, that mooring or another mooring
				within the control of the harbormaster.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.08 - Enforcement

Current through Register 1525, July 5, 2024
(1) The Department may seek discontinuation
			 of use, removal, or other remedial action in the case of any fill or structure
			 in waterways that is determined to be a public nuisance, in accordance with
			 M.G.L. c. 91, § 23 or as otherwise provided by law. Such fill or
			 structures include those not previously authorized by the Department or the
			 Legislature, those for which a grant or license is not presently valid pursuant
			 to
			 310 CMR
			 9.00, or those not conforming to the terms and
			 conditions of a grant or license.
(2) In accordance with M.G.L. c. 91, §
			 49B, the Department shall remove or cause to be removed any fill or structure
			 in waterways which, in the opinion of the Department, is dilapidated, unsafe, a
			 menace to navigation, or is a source of floating debris that is, or is liable
			 to become, a menace to navigation.
(3) Pursuant to M.G.L. c. 30, § 62I and
			 310
			 CMR 9.08(4), the Department
			 may enforce any conditions required by the Secretary in a MEPA certificate for
			 projects proposed within landlocked tidelands.
(4) In addition to any remedy specified
			 pursuant to M.G.L. c. 91, to the Civil Administrative Penalties Statute, M.G.L.
			 c. 21A, § 16, or to other laws of the Commonwealth, the Department may
			 issue Enforcement Orders requiring compliance with any regulation or with any
			 condition of any license or permit issued by the Department. The employees of
			 the Department may enter at reasonable hours upon any property subject to a
			 license, permit, grant, or public easement to inspect for compliance either
			 prior to or following completion of construction of the authorized
			 structure.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.09 - Effective Date and Severability

Current through Register 1525, July 5, 2024
(1)
								310 CMR
			 9.00 shall take effect on October 4, 1990. Revisions
			 to 310 CMR 9.07 and
			 9.10 shall take effect on
			 April 19, 1996. Revisions to
			 310 CMR
			 9.00 shall take effect on July 1, 2000. Revisions to
			 310
			 CMR 9.10 shall take effect on February 25,
			 2005. Certain revisions to
			 310 CMR
			 9.00 shall take effect on October 3, 2008.
			 310
			 CMR 9.29:
General License
			 Certification
,
			 310
			 CMR 9.30:
Permitting Test
			 Projects
, and revisions to
			 310
			 CMR 9.02,
			 9.05(2),
			 9.05(3),
			 9.09,
			 9.10,
			 9.11(2),
			 9.11(3),
			 9.13 and
			 9.14,
			 9.16,
			 9.17(4), and
			 9.40(1) 
			 shall take effect on May 23, 2014.
(2) Except as provided in
			 310
			 CMR 9.28,
			 310 CMR
			 9.00 shall apply to any application for a license,
			 permit, or amendment thereto, and to all subsequent proceedings related
			 thereto, if:
(a) said application is filed on
			 or after the effective date of
			 310 CMR
			 9.00; or
(b) in the case of an application for a
			 nonwater-dependent use project including one or more activities requiring an
			 EIR, except for any such project which the Department determines, with the
			 concurrence of the municipal planning board, provides essential economic
			 support to an associated water-dependent use project of particular statewide or
			 regional significance, a Certificate of the Secretary stating that a Draft EIR
			 adequately and properly complies with M.G.L. c. 30, §§ 61 through 62H
			 had not been issued as of May 23, 2014.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.10 - Simplified Procedures for Small Structures Accessory to Residences

Current through Register 1525, July 5, 2024
(1)
Projects Eligible for
			 Simplified Procedures
. Notwithstanding other procedural provisions
			 of 310 CMR
			 9.00 to the contrary, the procedural standards of
			 310
			 CMR 9.10 shall apply to the licensing of
			 certain small-scale structures by the Department. An application for a license
			 under
			 310
			 CMR 9.10 may be submitted only for a project
			 consisting entirely of a dock, pier, seawall, bulkhead, or other small-scale
			 structure that is accessory to a residential use or serves as a noncommercial
			 community docking facility, provided that:
(a)
			 for proposed structures, or for structures built or substantially altered after
			 January 1, 1984:
1. any structure is
			 water-dependent and pile-supported (
e.g
., by wooden or metal
			 posts) or bottom-anchored, without any fill;
2. any structures total no more than 600
			 square feet below the mean high water shoreline for coastal waters or below the
			 ordinary high water shoreline for inland waters;
3. any structure is not a marina
			 (
i.e
., does not serve ten or more vessels);
4. if within an ACEC, such structures were
			 existing on October 4, 1990 or the effective date of the ACEC designation,
			 whichever is later, and if a resource management plan for the ACEC has been
			 adopted by the municipality and approved by the Secretary, said structures are
			 consistent with said plan; and
5.
			 if within an ACEC, any structure built or substantially altered after October
			 4, 1990 or the effective date of the ACEC designation, whichever is later, is
			 consistent with a resource management plan adopted by the municipality and
			 approved by the Secretary; and
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.11 - Application Requirements

Current through Register 1525, July 5, 2024
(1)
Pre-application Consultation
(a) Upon request of a prospective applicant
			 for a license for any large or complex project, including those required to
			 file an EIR, the Department shall conduct a pre-application consultation
			 meeting in order to receive a presentation of the project proposal, provide
			 preliminary guidance on the applicability of the substantive standards of
			 310 CMR
			 9.00 to the project, explain the necessary licensing
			 procedures, and answer any appropriate inquiries concerning the program or
			 310 CMR
			 9.00 When appropriate, the Department may invite
			 representatives of CZM, any other state agency, or representatives of the
			 municipality in which the project is located, including the lead agency
			 responsible for implementation of a Municipal Harbor Plan. The participants in
			 the pre-application consultation meeting may make arrangements for further
			 consultation sessions and for coordinated review of the project.
(b) In the case of an unusually large and
			 complex set of activities undertaken by a public agency the Department may
			 establish, in cooperation with the prospective applicant, a special procedure
			 for the review of one or more applications for such activities. Such procedure
			 may include, without limitation, as deemed appropriate by the Department,
			 consolidation procedures, expedited review, and single or multiple licenses,
			 permits, or written determinations. Public notice of any such procedure
			 established under
			 310
			 CMR 9.11 shall be published in the
Environmental Monitor
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.12 - Determination of Water-dependency

Current through Register 1525, July 5, 2024
(1) Prior to
			 issuance of the public notice, the Department shall classify the project as a
			 water-dependent use project or as a nonwater-dependent use project. The
			 Department shall classify as a water-dependent use project any project which
			 consists entirely of:
(a) uses determined to
			 be water-dependent in accordance with 310 CMR 9.12(2); and/or
(b) uses determined to be accessory to a
			 water-dependent use, in accordance with 310 CMR 9.12(3).
Any other project shall be classified as a nonwater-dependent
				use project.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.13 - Public Notice and Participation Requirements

Current through Register 1525, July 5, 2024
(1)
Notice Requirements
.
(a) Public notice shall be issued by the
			 Department but distributed and published by the applicant. The date of the
			 public notice and, when required, the date of the public hearing, shall be
			 determined by the Department. The applicant shall send a notice of license or
			 permit application as described in
			 310
			 CMR 9.13(1)(c), by first
			 class mail, return receipt, and provide proof of such notification to the
			 Department, to:
1. the municipal official, the
			 planning board, the conservation commission, and the harbormaster, if any, in
			 the city or town where the project is located;
2. if the application is for a proposed
			 bridge, dam or similar structure across a tidal river, cove or inlet, the
			 municipal official, the planning board, the conservation commission, and the
			 harbormaster of every municipality into which the tidewater of said river,
			 cove, or inlet extends;
3. the
			 Martha's Vineyard Commission or the Cape Cod Commission, if the project is
			 located within an area subject to the jurisdiction of said
			 Commission;
4. CZM, if the project
			 is located within the coastal zone; DCR, if the project is located in an Ocean
			 Sanctuary; and the Department of Fish and Game.
5. the
Environmental Monitor
for all projects exceeding M.G.L. c. 30, §§ 61 through 62H review
			 thresholds for Waterways activities;
6. all landowners and easement holders of the
			 project site and abutters thereto, as identified pursuant to
			 310
			 CMR 9.11(3)(b)1.;
			 and
7. U.S. Army Corps of
			 Engineers, New England Division.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.14 - Decision on License and Permit Applications

Current through Register 1525, July 5, 2024
(1) For all nonwater-dependent use projects
			 the Department shall issue a written determination in accordance with the
			 provisions of
			 310 CMR
			 9.31 through 9.60, including proposed license
			 conditions, for public review prior to issuance of a license.
(2) For water-dependent use projects the
			 Department may issue a license or permit without issuing a written
			 determination, in accordance with the provisions of
			 310 CMR
			 9.31 through 9.50, unless:
(a) the Department has conducted a public
			 hearing, in which case the Department shall issue a written determination
			 including proposed license or permit conditions, for public review prior to
			 issuance of the license or permit;
(b) written comments have been submitted
			 pursuant to
			 310 CMR
			 9.13(4)(c), in which case
			 the Department may issue a draft license or draft permit, including proposed
			 license or permit conditions, for public review prior to issuance of the
			 license or permit; or
(c) the
			 Department has decided to deny the license or permit application, in which case
			 the Department shall issue a written determination setting forth the reasons
			 for such decision.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.16 - Fees

Current through Register 1525, July 5, 2024
(1)
Application Fee
.
			 An application fee shall be charged in accordance with the accompanying fee
			 schedule (Table 1) per application for a determination of applicability,
			 license, permit, amendment, interim approval, General License Certification or
			 certificate of compliance. An application fee is non-refundable and shall be
			 paid at the time of submission of the original application or Certification, by
			 check or money order made payable to the Commonwealth of Massachusetts,
			 DEP.
(2)
Tidewater
			 Displacement Fee
. Except as provided in 310 CMR 9.16(4), prior to
			 issuance of a license or General License Certification for any fill or
			 structure that will displace tidewaters below the high water mark, the
			 applicant, or his or her heirs or assignees responsible for such displacement,
			 shall, at the direction of the Department:
(a)
			 pay to the Commonwealth a tidewater displacement fee, based on the net amount
			 of tidewater displaced between the elevations of the high and the low water
			 marks, at the rate set forth in the accompanying fee schedule (Table 1);
			 or
(b) excavate, in some part of
			 the same harbor, previously filled tidelands between the high and low water
			 marks, subject to the requirements of
			 310 CMR
			 9.00 and the approval of the Department, in order to
			 form a basin for a quantity of water equal to that displaced; or
(c) improve public harbor facilities in
			 tidelands in any other manner satisfactory to the Department, provided that the
			 cost of such improvement is comparable to the amount otherwise due for
			 displacement; any improvements identified under 310 CMR 9.16 shall be in
			 addition to any actions required under
			 310 CMR
			 9.31 through
			 9.40
			 and
			 310 CMR
			 9.51 through
			 9.55;
			 the Department may consider the following improvements:
1. a harbor cleanup activity which is part of
			 a plan approved by a public agency;
2. a shellfish reseeding program;
3. a beach nourishment program on beaches
			 open to the public;
4. a
			 contribution to a special fund or other program managed by a public agency or
			 non-profit organization in order to directly provide public harbor
			 improvements.
An applicant for a license for any existing, previously
				unlicensed fill or structure shall be liable for any unpaid tidewater
				displacement fee, unless the applicant was not responsible for the construction
				of the structure or the placement of the fill, and the applicant acquired the
				real estate upon which the structure was constructed or the fill placed before
				January 4, 1974.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.17 - Appeals

Current through Register 1525, July 5, 2024
(1) The following persons shall have the
			 right to an adjudicatory hearing concerning a decision by the Department to
			 grant or deny a license or permit:
(a) an
			 applicant who has demonstrated property rights in the lands in question, or
			 which is a public agency;
(b) any
			 person aggrieved by the decision of the Department to grant a license or permit
			 who has submitted written comments within the public comment period;
(c) ten residents of the Commonwealth,
			 pursuant to M.G.L. c. 30A, § 10A, who have submitted comments within the
			 public comment period; at least five of the ten residents shall reside in the
			 municipality(s) in which the license or permitted activity is located. The
			 appeal shall clearly and specifically state the facts and grounds for the
			 appeal and the relief sought, and each appealing resident shall file an
			 affidavit stating the intent to be part of the group and to be represented by
			 its authorized representative.
(d)
			 the municipal official in the affected municipality(s) who has submitted
			 written comments within the public comment period;
(e) CZM, for any project identified in
			 310 CMR
			 9.13(2)(a)  for CZM
			 participation; and
(f) DCR, for any
			 project in an Ocean Sanctuary, if it has filed a notice of participation within
			 the public comment period.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.18 - Recording

Current through Register 1525, July 5, 2024
(1) The license and accompanying plan shall
			 be recorded at the Registry of Deeds within the chain of title of the affected
			 property within 60 days of the date of issuance. In the case of recorded land,
			 the license shall also be noted in the Registry's Grantor Index under the name
			 of the owner of the land upon which the project is located. In the case of
			 registered land, the license shall also be noted on the Land Court Certificate
			 of Title of the owner of the land upon which the project is located. When a
			 license involves more than one parcel of land the license shall be recorded in
			 the chain of title for all relevant deeds.
(2) Written notice of said recording shall be
			 given to the Department within 30 days of recording, including an
			 identification of the Registry of Deeds or Land Court in which the license is
			 recorded, the date of recording and the instrument or document number, prior to
			 commencement of the project authorized under the license.
(3) Failure to record the license and
			 accompanying plan within 60 days will render said license void in accordance
			 with
			 310 CMR
			 9.26(2)(b)1.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.19 - Certificate of Compliance

Current through Register 1525, July 5, 2024
(1) Within 60 days
			 of the completion of any licensed project, but in no event later than five
			 years from the date of license issuance, or any extension thereof, the
			 applicant shall request in writing that the Department issue a certificate of
			 compliance. The request shall be accompanied by a certification by a registered
			 professional engineer licensed to do business in the Commonwealth that the
			 project was completed according to the plans, specifications, and conditions of
			 the license. The Department may conduct a site inspection at any time to
			 determine compliance prior or subsequent to issuing a certificate. The
			 Department may issue a partial certificate of compliance for a portion of a
			 project if all public benefits associated with such portion have also been
			 provided.
(2) The license for any
			 project for which such a request is not filed and certificate issued may be
			 revoked pursuant to
			 310 CMR
			 9.26(1).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.20 - Authorization of Emergency Actions

Current through Register 1525, July 5, 2024
In an emergency situation where swift and immediate action is
				essential to avoid or eliminate a serious and immediate threat to health,
				safety, or the environment, the Department may approve a project or portion
				thereof, without a license or permit, in accordance with the following
				procedures.
(1) A written request
			 shall be submitted to DEP which describes the location, and work to be
			 performed and specifies why the project is necessary for the protection of the
			 health or safety of the public or the environment. Accompanying this request
			 shall be a written statement from a federal, state or municipal agency
			 certifying that there is an emergency and specifying why said project is
			 necessary to avoid or eliminate a serious and immediate threat to public
			 health, safety, or the environment.
(2) Emergency approval shall be issued in
			 writing and shall specify the limits of activities necessary to abate the
			 emergency.
(3) When the necessity
			 for undertaking the emergency action no longer exists, any emergency action
			 taken under
			 310
			 CMR 9.20 shall cease until the provisions of
			 310 CMR
			 9.00 have been complied with. In any event, the time
			 limit for performance of emergency work shall not exceed 30 days, unless a
			 written extension is approved by the Commissioner or appropriate Regional
			 Director.
(4) In all cases under
			 310
			 CMR 9.20, the person performing any emergency
			 work is required to submit a license or permit application in accordance with
			 310
			 CMR 9.11 within 30 days of the date of
			 emergency approval unless a written extension is approved by the Commissioner.
			 Following the review of the application, the Department may require any
			 modification to the emergency work that it deems necessary.
(5) In emergency situations where written
			 notice is not feasible, verbal notice to and approval by the Commissioner or
			 appropriate Regional Director may be substituted until written notice can be
			 feasibly submitted.
(6) No work
			 authorized under an emergency approval pursuant to
			 310 CMR
			 9.00 may be undertaken without emergency authorization
			 under M.G.L. c. 131, § 40 and
			 310 CMR
			 10.00:
Wetlands Protection
and M.G.L.
			 c. 30, §§ 61 through 62H, where applicable.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.21 - Variances

Current through Register 1525, July 5, 2024
(1)
Required
			 Findings
. The Commissioner may waive the application of any other
			 section of
			 310 CMR
			 9.00 by making a written finding following a public
			 hearing that:
(a) there are no reasonable
			 conditions or alternatives that would allow the project to proceed in
			 compliance with
			 310 CMR
			 9.00;
(b)
			 the project includes mitigation measures to minimize interference with the
			 public interests in waterways and that the project incorporates measures
			 designed to compensate the public for any remaining detriment to such
			 interests; and
(c) the variance is
			 necessary:
1. to accommodate an overriding
			 municipal, regional, state or federal interest; or
2. to avoid such restriction on the use of
			 private property as to constitute an unconstitutional taking without
			 compensation; or
3. to avoid
			 substantial hardship for the continuation of any use or structure existing as
			 of October 4, 1990, and for which no substantial change in use or substantial
			 structural alteration has occurred since that date.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.22 - Maintenance, Repair, and Minor Project Modifications

Current through Register 1525, July 5, 2024
(1)
Maintenance and Repair of
			 Fill and Structures
. During the term for which the license is in
			 effect, the licensee shall maintain and repair all authorized fill and
			 structures in good working order for the uses authorized in the license, and in
			 accordance with the conditions specified therein. No application for license or
			 license amendment shall be required for such activity. Maintenance and repair
			 include, among other things, the following activities:
(a) replacement of old pilings, decking, or
			 rip-rap, all with material of the same dimensions and quality and in the same
			 locations and elevations as that authorized in the license;
(b) repaving of road surfaces, installation
			 of road curbs and lighting, replacement of railroad track, stabilization of
			 road or rail beds, reconstruction of culverts and catch basins, and other
			 maintenance or repair of existing public transportation facilities and
			 associated drainage systems, as necessary to preserve or restore the
			 serviceability of such facilities for the original use, provided that
			 maintenance and repair shall not include the substantial enlargement of such
			 facilities, such as roadway widening, adding shoulders, or upgrading
			 substandard intersections;
(c)
			 restoration to the original license specifications of licensed fill or
			 structures that have been damaged by catastrophic events, provided that no
			 change in use occurs and that:
1. such
			 restoration is completed within two years of the damage-causing
			 event;
2. in the case of
			 flood-related damage, the cost of such restoration does not exceed 50% of the
			 cost of total replacement according to the original license
			 specifications;
3. the licensee
			 provides the Department with written notice of the restoration at least ten
			 days prior to commencement of such work; in the case of flood-related damage,
			 said notice shall include written estimates of restoration and replacement
			 costs; and
4. the licensee provides
			 the Department with written notice that the repair work has been completed in
			 accordance with the license specifications, as certified by a Registered
			 Professional Engineer, within 60 days of such completion; and
(d) demolition and removal of
			 unused structures that are obsolete or otherwise no longer suitable for the
			 uses authorized in the license, provided that written approval by the
			 Department is obtained prior to the commencement of such work.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.23 - Transfer of License Upon Change of Ownership

Current through Register 1525, July 5, 2024
(1) Unless otherwise provided in the license,
			 a valid license shall run with the land and shall automatically be transferred
			 upon a change of ownership of the affected property within the chain of title
			 of which the license has been recorded. All rights, privileges, obligations,
			 and responsibilities specified in the license shall be transferred to the new
			 landowner upon recording of the changed ownership.
(2) For transferability of permits issued by
			 the harbormaster for the temporary placement of moorings, floats, and rafts,
			 see 310 CMR
			 9.07(2)(d).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.24 - Amendments

Current through Register 1525, July 5, 2024
(1) Upon written request by the licensee
			 accompanied by appropriate plans, the Department may amend a license and
			 associated written determination to authorize a structural alteration or change
			 in use not defined as substantial in accordance with
			 310
			 CMR 9.02, or to delineate a reconfiguration
			 zone within a marina in accordance with
			 310
			 CMR 9.39(1)(b), or to renew
			 a term of license in accordance with
			 310
			 CMR 9.25(2). A written
			 request may also be made to amend a permit. No license or permit shall be
			 amended unless the project, as modified, complies with the applicable
			 provisions of
			 310 CMR
			 9.00 wherever feasible.
(2) The Department shall review the request
			 for amendment and determine whether the proposed changes are so significant as
			 to require a new license or permit application or are appropriate for
			 consideration of an amendment to the existing license or permit.
(3) If the Department determines that the
			 proposed changes are appropriate to allow consideration of an amendment, notice
			 shall be provided in accordance with the requirements of
			 310
			 CMR 9.13(1), and to any
			 intervenor on the original license application to the maximum reasonable
			 extent.
(4) The Department may, at
			 its discretion, conduct a public hearing on the request for amendment. Any such
			 hearing shall be conducted in accordance with the requirements of
			 310
			 CMR 9.13(3).
(5) Any person who would otherwise have the
			 right to an adjudicatory hearing pursuant to
			 310
			 CMR 9.17 may appeal the issuance of any
			 amendment within 21 days of the date of its issuance, in accordance with the
			 procedures set forth at
			 310
			 CMR 9.17.
(6) The amended license and accompanying plan
			 shall be recorded within 60 days of the date of issuance in accordance with the
			 procedures set forth in
			 310
			 CMR 9.18.
(7) Notwithstanding the procedures for
			 amendment described above, the Department may issue in writing, at the request
			 of the licensee, clarification and corrections regarding any license or permit
			 previously issued.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.25 - Expiration and Renewal

Current through Register 1525, July 5, 2024
(1)
Expiration
.
(a) Any
			 license, permit, or legislative authorization shall expire as to all work
			 licensed, permitted, or authorized which is not completed within five years of
			 the date thereof, or such other period of time specified therein; provided,
			 however, that for good cause shown the Department may extend, without public
			 hearing or notice, the construction period of the license, permit, or
			 legislative authorization for one or more one year periods upon written request
			 of the licensee or permittee.
(b)
			 All licenses or permits shall expire upon reaching the term, if any, stated in
			 the license or permit or any extension thereof.
(c) Any license shall expire if the fill or
			 structures are abandoned and not used for the purpose for which they were
			 licensed for a period of five consecutive years or more.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.26 - Revocation and Nullification

Current through Register 1525, July 5, 2024
(1)
Revocation
.
(a)
			 Unless otherwise specifically provided by law, the Department may revoke a
			 license or permit for non-compliance with the terms and conditions set forth
			 therein, including any change of use from that expressly authorized in said
			 license or permit or, if no such statement was included, from that reasonably
			 determined by the Department to be implicit therein. Such revocation may not
			 occur until after the Department has given notice of the alleged non-compliance
			 to the licensee or permittee and any person who has filed a written request for
			 such notice with the Department, and after it has afforded them an opportunity
			 for a hearing and a reasonable opportunity to correct said
			 non-compliance.
(b) In accordance
			 with the procedures established in
			 310
			 CMR 9.26(1)(a), the
			 Department may revoke any license or permit upon a finding that the licensee
			 denies access to project services and facilities in a discriminatory manner, as
			 determined in accordance with the constitution of the Commonwealth of
			 Massachusetts, of the United States of America, or with any statute,
			 regulation, or executive order governing the prevention of discrimination. Such
			 a finding shall be made upon a final determination of discrimination, issued by
			 any federal, state or local court or agency with jurisdiction to investigate
			 discrimination issues.
(c) Notice
			 of revocation of a license shall be recorded at the Registry of Deeds or Land
			 Court by the Department, in accordance with
			 310
			 CMR 9.18.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.27 - Removal of Previously Licensed Structures

Current through Register 1525, July 5, 2024
Upon the nullification, expiration, or revocation of a license,
				the licensee shall remove all structures authorized in such previous license
				which are located:
(1) below the high
			 water mark, unless the Department determines that continued existence of said
			 structures will promote the public interests served by M.G.L. c. 91;
(2) above the high water mark, if the
			 Department determines that continued existence of said structures will have a
			 significant adverse effect on the public interests served by M.G.L. c. 91. Such
			 removal shall take place upon written notice to and at the direction of the
			 Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.28 - Amnesty

Current through Register 1525, July 5, 2024
(1)
General
.
			 Notwithstanding the provisions of
			 310 CMR
			 9.09(2), certain substantive
			 and procedural standards of
			 310 CMR
			 9.11 through
			 9.55
			 shall not apply to the licensing of existing unauthorized fill or structures
			 provided the Department received an application by October 4, 1996.
			 Furthermore, during the amnesty period the Department may postpone the
			 requirement to obtain a license for certain small-scale water-dependent
			 structures on residential property by issuing an interim approval for said
			 structures. The Department will initiate enforcement action to require the
			 removal or licensing of any such structure pursuant to
			 310 CMR
			 9.00 only upon the expiration or revocation of the
			 interim approval or the violation of the terms and conditions thereof. After
			 the close of the amnesty period, the Department will require strict compliance
			 with all provisions of
			 310 CMR
			 9.00 and will take enforcement action, including the
			 assessment of penalties if appropriate, to ensure that all unauthorized fill
			 and structures are either licensed or removed.
(2)
Projects Which May Be
			 Authorized under the Amnesty Program
.
(a) An application for a license under the
			 amnesty program may be submitted only for a project consisting entirely of the
			 continuation in use of existing fill or structures not previously authorized,
			 or for which a grant or license is not presently valid pursuant to
			 310 CMR
			 9.00, provided that:
1.said fill or structures have been in use
			 since January 1, 1984, and no unauthorized substantial change in use or
			 substantial structural alteration has occurred since that date; and
2.an application has been filed with the
			 Department by October 4, 1996.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.29 - General License Certification

Current through Register 1525, July 5, 2024
(1)
The
			 General License
. In accordance with M.G.L. c. 91, § 18C, the
			 Department will issue a General License for noncommercial, small-scale,
			 water-dependent structures accessory to a residential use. The General License
			 shall be a final license signed by the Governor and may authorize eligible
			 small-scale, water-dependent structures accessory to a residential use in lieu
			 of an individual license. The General License shall be issued under the
			 following procedures:
(a) The draft General
			 License will be posted on the Department website and published in the
			 Environmental Monitor for a 30-day public comment period. After the close of
			 the public comment period, the Department will issue the final General License
			 and notify the public of its availability on the Department website.
(b) The General License shall be in effect
			 for a fixed term not to exceed 30 years for structures in coastal waters, and
			 15 years for structures in fresh waters, unless a shorter effective term is
			 specified by the Department in the General License.
(c) The General License shall be recorded at
			 every Registry of Deeds in the Commonwealth, indexed under "Commonwealth of
			 Massachusetts" as the Grantor.
(d)
			 The Department may amend or modify the General License in accordance with the
			 procedures of 310 CMR 9.29(1)(a) through (c).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.30 - Permitting of Test Projects

Current through Register 1525, July 5, 2024
(1)
General
. The Department may, at its discretion, issue
			 a permit authorizing a Test Project that the Department determines has minimal
			 impacts. The Department may require that an applicant document the readiness of
			 the device or technology for
in situ
testing with the results
			 of laboratory testing, modeling, technical evaluations, or similar forms of
			 supporting material.
(2)
Standards
. Except as otherwise provided, the
			 procedural requirements of
			 310 CMR
			 9.11 through
			 9.27
			 shall not apply to Test Projects. The procedural requirements of
			 310 CMR
			 9.12,
			 9.16,
			 9.17,
			 9.22,
			 and
			 9.26
			 shall apply to the permitting of Test Projects. The application shall include
			 sufficient documentation to demonstrate that the Test Project complies with
			 310 CMR
			 9.35(2). During the
			 operation of the Test Project, the Permittee shall comply with all applicable
			 performance standards set forth in
			 310 CMR
			 9.32 through
			 9.55
			 except as otherwise provided in 310 CMR 9.30(2). During the operation of the
			 Test Project, the Permittee shall also comply with the following standards:
(a) In the event that the project does not
			 comply with one or more of the applicable performance standards, the Permittee
			 shall notify the Department in writing within 72 hours of the discovery of such
			 noncompliance. The written notice shall include a plan and schedule for
			 bringing the Test Project into compliance as soon as is practicable. Upon
			 receipt of said written notice, the Department may require the Permittee: to
			 modify the Project to comply with all applicable performance standards or to
			 remove the Test Project immediately and restore the area to pre-project
			 conditions.
(b) The Permittee shall
			 remove all structures authorized by the permit and restore the Project Site to
			 pre-project conditions prior to expiration of the permit.
(c) A certification by a Registered
			 Professional Engineer pursuant to
			 310 CMR
			 9.37(1)(a)  is not required
			 for a Test Project.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.31 - Summary of License and Permit Requirements

Current through Register 1525, July 5, 2024
(1)
Basic
			 Requirements
. No license or permit shall be issued by the
			 Department for any project subject to
			 310 CMR
			 9.03 through
			 9.05
			 and
			 9.09,
			 unless said project:
(a) includes only fill
			 and structures for uses that have been categorically determined to be eligible
			 for a license, according to the provisions of
			 310 CMR
			 9.32;
(b) complies with applicable environmental
			 regulatory programs of the Commonwealth, according to the provisions of
			 310 CMR
			 9.33;
(c) conforms to applicable provisions of an
			 Approved Municipal Harbor Plan, if any, and local zoning law, according to the
			 provisions of
			 310 CMR
			 9.34;
(d) complies with applicable standards
			 governing the preservation of water-related public rights, according to the
			 provisions of
			 310 CMR
			 9.35;
(e) complies with applicable standards
			 governing the protection of water-dependent uses, according to the provisions
			 of
			 310 CMR
			 9.36;
(f) complies with applicable standards
			 governing engineering and construction of structures, according to the
			 provisions of
			 310 CMR
			 9.37;
(g) complies with applicable standards
			 governing use and design of boating facilities for recreational or commercial
			 vessels, according to the provisions of
			 310 CMR
			 9.38 and
			 9.39;
(h) complies with applicable standards
			 governing dredging and disposal of dredge materials, according to the
			 provisions of
			 310 CMR
			 9.40; and
(i) does not deny access to its services and
			 facilities to any person in a discriminatory manner, as determined in
			 accordance with the constitution of the Commonwealth of Massachusetts, of the
			 United States of America, or with any statute, regulation, or executive order
			 governing the prevention of discrimination.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.32 - Categorical Restrictions on Fill and Structures

Current through Register 1525, July 5, 2024
(1) The Department has determined that in
			 certain situations fill or structures categorically do not meet the statutory
			 tests for approval under M.G.L. c. 91 or are otherwise not in keeping with the
			 purposes of
			 310 CMR
			 9.00. Accordingly, a project shall be eligible for a
			 license only if it is restricted to fill or structures which accommodate the
			 uses specified below, within the geographic areas specified in 310 CMR
			 9.32(1)(a) through (e).
(a)
Tidelands (Outside of ACECs and DPAs)
.
1. fill or structures for any use on
			 previously filled tidelands;
2.
			 fill or structures for water-dependent use located below the high water mark,
			 provided that, in the case of proposed fill, reasonable measures are taken to
			 minimize the amount of fill, including substitution of pile-supported or
			 floating structures and relocation of the use to a position above the high
			 water mark;
3. structures to
			 accommodate public pedestrian access on flowed tidelands, provided that it is
			 not reasonable to locate such structures above the high water mark or within
			 the footprint of existing pile-supported structures or pile fields;
4. pile-supported structures located below
			 the high water mark for nonwater-dependent uses which replace or modify
			 existing, previously authorized wharves, piers, pile fields, or other filled or
			 pile-supported structures, in accordance with the provisions of
			 310 CMR
			 9.51(3)(a) and
			 (b);
5. new fill located below the high water mark
			 for accessory or nonwater-dependent use provided that:
a. the purpose of such fill is to eliminate
			 irregularities in previously altered portions of the project shoreline;
			 and
b. such fill will replace
			 previously authorized fill elsewhere along the project shoreline, on a 1:1
			 square foot basis and without seaward projection beyond the adjacent shoreline;
6. stationary vessels
			 located below the high water mark and proposed for conversion to accessory use
			 or to nonwater-dependent facilities of public accommodation, provided that such
			 vessels:
a. do not consist of platform-like
			 floating structures, such as barges, built or modified to serve primarily as
			 support for new buildings; and
b.
			 will be licensed for a limited term, in accordance with the provisions of
			 310 CMR
			 9.15(1)(d)2.
7. fill or structures located
			 below the high water mark for wind turbine facilities found to be non-water
			 dependent, pursuant to
			 310 CMR
			 9.12(2)(e), in accordance
			 with the mitigation and/or compensation measures for non-water dependent
			 infrastructure facilities required by
			 310 CMR
			 9.55.