Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Coastal Wetlands › Section 10.26 - Designated Port Areas

Current through Register 1525, July 5, 2024
(1)
Preamble
. Land under the ocean in designated port
				areas is likely to be significant to marine fisheries, storm damage prevention
				and flood control. In designated port areas, salt marshes, coastal dunes, land
				under salt ponds, coastal beaches, tidal flats, barrier beaches, rocky
				intertidal shores and land containing shellfish are not likely to be
				significant to marine fisheries, storm damage prevention or flood control.
Many species of marine fisheries, including anadromous fish,
				  may inhabit port areas. Anadromous fish may need to be able to pass through
				  port areas to inland spawning areas or to the sea. Other species frequently
				  feed in designated port areas due to high nutrient concentrations in the waters
				  and the tidelands.
Designated port areas, which are portions of developed
				  harbors, are usually located in estuaries. Relatively high concentrations of
				  contaminants, from vessel discharges and point and non-point source discharges,
				  are likely to occur in port areas. Water circulation patterns tend to
				  distribute pollution throughout the estuary, and to other areas which are
				  likely to be significant to other interests of M.G.L. c. 131, § 40. Land
				  forms in designated port areas have been greatly altered from their natural
				  shape, and coastal engineering structures often have replaced natural
				  protection for upland areas from storm damage and flooding.
Land under the ocean often provides support for such
				  structures. Some proposed activities may alter wave and current patterns so as
				  to affect the stability of such structures or the depths or configurations of
				  navigation channels.
Where a proposed project involves dredging, filling,
				  removing, or altering land under the ocean in designated port areas, the
				  issuing authority shall presume that the area is significant to marine
				  fisheries, storm damage prevention and flood control. These presumptions may be
				  overcome only upon a clear showing that land under the ocean in designated port
				  areas does not play a role in the protection of marine fisheries, storm damage
				  prevention or flood control, or that a salt marsh, coastal dune, land under a
				  salt pond, coastal beach, tidal flat, barrier beach, rocky intertidal shore or
				  land containing shellfish, in designated port areas, does play a role in marine
				  fisheries, storm damage prevention or flood control, and if the issuing
				  authority makes a written determination to such effect.
When a proposed project in a designated port area is on land
				  under the ocean which is determined to be significant to marine fisheries, the
				  following factors are critical to the protection of such interests:
(a) water circulation; and
(b) water quality.
When a proposed project in a designated port area is on land
				  under the ocean which is determined to be significant to storm damage
				  prevention or flood control, the ability of such land to provide support for
				  adjacent coastal or human-made structures is critical to the protection of such
				  interests.