Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.15 - Terms

Current through Register 1525, July 5, 2024
(1)
Term of License
(a) All licenses issued by the Department
			 shall contain a condition stating the term for which license is in effect, if
			 any. All licenses shall be in effect for a fixed term not to exceed 30 years,
			 unless otherwise deemed appropriate by the Department in accordance with 310
			 CMR 9.15(1)(b) through (d).
(b)
			 Notwithstanding 310 CMR 9.15(1)(a), the Department may issue a license that
			 establishes an extended fixed term, in accordance with the following
			 provisions:
1. said term shall not exceed 65
			 years for any project or portion thereof which, upon completion, will be
			 located on flowed tidelands or other waterways, and shall not exceed 99 years
			 for any project or portion thereof which will be located on filled tidelands or
			 Great Ponds; in the event the project site includes both flowed and filled
			 tidelands, the Department may upon request of the applicant establish a single
			 weighted average term for the entire project, or for a portion thereof as
			 deemed appropriate by the Department, based on the relative amounts of the
			 surface area of the flowed and filled tidelands associated therewith;
2. the applicant shall provide justification
			 that an extended term is warranted given the expected life of the structure,
			 typical financing requirements, consistency with an Approved Municipal Harbor
			 Plan, if any, appropriateness of long-term dedication of tidelands to the
			 proposed use(s) in the particular location, and any other relevant
			 factors;
3. for projects on
			 Commonwealth tidelands or Great Ponds, the Department shall conduct a public
			 hearing and issue written findings concerning the extended term, in accordance
			 with the provisions of
			 310 CMR
			 9.13(3)  and
			 9.14;
4. for projects on Commonwealth tidelands or
			 Great Ponds held by the Commonwealth, the licensee shall pay an occupation fee
			 based on an appraisal, in accordance with the provisions of
			 310 CMR 9.16(3)(b) through
			 (c); and
5. the Department shall require the licensee
			 to submit periodic license compliance inspection reports as a condition of the
			 license for nonwater-dependent use projects, and for other projects as deemed
			 appropriate by the Department.
(c) The Department shall issue a license for
			 an unlimited term for any project whose entire control, development, and
			 operation is undertaken by a public agency for the provision of services
			 directly to the public (or to another public agency for such provision to the
			 public) by the public agency, its contractor or agent, unless an unlimited term
			 is not deemed appropriate by the Department.
(d) Notwithstanding the terms of license
			 specified in 310 CMR 9.15(1)(b) and (c):
1. in
			 Designated Port Areas, the term of license for any nonwater-dependent use in a
			 marine industrial park shall not exceed 65 years; the term of license for any
			 supporting DPA use shall not exceed 30 years; and the term of license for any
			 temporary use shall not exceed ten years; and
2. outside of Designated Port Areas, the term
			 of license for any stationary vessel for uses as described in
			 310 CMR
			 9.32(1)(a)6. shall not
			 exceed 30 years.
(e) The
			 term of a license may be renewed in accordance with the provisions of
			 310 CMR
			 9.25(2).