Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Coastal Wetlands › Section 10.31 - Rocky Intertidal Shores

Current through Register 1525, July 5, 2024
(1)
Preamble
. Rocky intertidal shores are likely to be
				significant to storm damage prevention, flood control, protection of marine
				fisheries and wildlife habitat and where there are shellfish, protection of
				land containing shellfish.4
Rocky shore environments are habitats for macroalgae and
				  marine invertebrates and provide protection to and food for, larger marine
				  organisms such as crabs, lobsters, and such fish species as winter flounder, as
				  well as a number of birds. Most marine plants and animals found in rocky shore
				  environments are uniquely adapted to survive there and cannot survive
				  elsewhere. Harbor seals also use rocky intertidal shores, such as rock
				  outcroppings or isolated shores of small islands, as haul out areas.
When a proposed project involves the filling, removing or
				  altering of a rocky intertidal shore, the issuing authority shall presume that
				  such shore is significant to the interests specified above. This presumption
				  may be overcome only upon a clear showing that a rocky intertidal shore does
				  not play a role in storm damage prevention, flood control, protection of marine
				  fisheries or wildlife habitat, and where there are shellfish, protection of
				  land containing shellfish and if the issuing authority makes a written
				  determination to such effect.4
When a rocky intertidal shore is determined to be significant
				  to storm damage prevention, flood control, or protection of wildlife habitat
				  the form and volume of exposed intertidal bedrock and boulders are critical to
				  the protection of those interests.
When a rocky intertidal shore is significant to the
				  protection of marine fisheries or wildlife habitat, water circulation and water
				  quality are critical to the protection of those interests.
(2)
Definition
.
Rocky Intertidal Shores
means
				  naturally occurring rocky areas, such as bedrock or boulder-strewn areas
				  between the mean high water line and the mean low water line.
(3)
When a Rocky Intertidal Shore
				Is Determined to Be Significant to Storm Damage Prevention, Flood Control, or
				Protection of Wildlife Habitat
, any proposed project shall be
				designed and constructed, using the best practical measures, so as to minimize
				adverse effects on the form and volume of exposed intertidal bedrock and
				boulders.
4 For regulations concerning land
				  containing shellfish,
see
310 CMR
				  10.34.
(4)
When a Rocky Intertidal Shore
				is Determined to Be Significant to the Protection of Marine Fisheries or
				Wildlife Habitat
, any proposed project shall if water-dependent be
				designed and constructed, using best available measures, so as to minimize
				adverse effects, and if non-water-dependent, have no adverse effects, on water
				circulation and water quality. Water quality impacts include, but are not
				limited to, other than natural fluctuations in the levels of dissolved oxygen,
				temperature or turbidity, or the addition of pollutants.
(5) Notwithstanding the provisions of 310 CMR
				10.31(3) and (4), no project may be permitted which will have any adverse
				effect on specified habitat sites of rare vertebrate or invertebrate species,
				as identified by procedures established under
				310 CMR
				10.37.