Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Coastal Wetlands › Section 10.21 - Introduction

Current through Register 1525, July 5, 2024
310 CMR 10.21 through
				  10.37
				  apply to all work subject to M.G.L. c. 131, § 40, M.G.L. c. 131, §
				  40, which will alter, dredge, fill, or remove any coastal beach, coastal dune,
				  tidal flat, coastal wetland, land subject to coastal storm flowage, coastal
				  bank, land subject to tidal action, or land under an estuary, under a salt
				  pond, under the ocean or under certain streams, ponds, rivers, lakes or creeks
				  within the coastal zone that are anadromous/catadromous fish runs. This Part is
				  in addition to and does not change the provisions set forth in
				  310 CMR
				  10.01 through
				  10.10. 310 CMR
				  10.21 through
				  10.37
				  are intended to ensure that development along the coastline is located,
				  designed, built and maintained in a manner that protects the public interests
				  in the coastal resources listed in M.G.L. c. 131, § 40. The proponent of
				  the work must submit sufficient information to enable the issuing authority to
				  determine whether the proposed work will comply with 310 CMR 10.21 through
				  10.37.
				  Any proposed work may be subject to the requirements of sections concerning
				  coastal beaches, coastal dunes and land containing shellfish. Thus, in order to
				  determine which provisions apply to a proposed project,
				  310 CMR
				  10.00 must be read in its entirety. 310 CMR 10.21
				  through
				  10.37
				  are divided into 16 sections, 44 of which deal with specific coastal resources.
				  Each coastal resource section begins with a preamble. In addition, the
				  requirements for protection of the riverfront area in
				  310 CMR 10.58
				  apply within the coastal resource areas. The riverfront area may overlap other
				  coastal resource areas and the performance standards for each resource area
				  must be met.
				  310 CMR 10.24(7)
				   applies to riverfront areas within coastal
				  resource areas. The Preamble identifies the interests of M.G.L. c. 131, §
				  40 to which that resource is or is likely to be significant and describes the
				  characteristics or factors of the resource which are critical to the protection
				  of the interest to which the resource is significant. 310 CMR 10.21 through
				  10.37
				  are in the form of performance standards and shall be interpreted to protect
				  those characteristics and resources to the maximum extent permissible under
				  M.G.L. c. 131, § 40.
The performance standards are intended to identify the level
				  of protection the issuing authority must impose in order to contribute to the
				  protection of the interests of M.G.L. c. 131, § 40. It is the
				  responsibility of the issuing authority to order specific measures and
				  requirements for each proposed project which will ensure that the project is
				  designed and carried out consistent with the required level of protection. Such
				  authority must then issue an Order of Conditions which is understandable and
				  enforceable.