Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.03 - Scope of Jurisdiction

Current through Register 1525, July 5, 2024
(1)
Authorization of Projects by the Department
. Written
			 authorization in the form of a license, permit, or amendment thereto must be
			 obtained from the Department before the commencement of one or more activities
			 specified in 310 CMR 9.03(2) and (3) or
			 310 CMR
			 9.05 and located in one or more geographic
			 areas specified in
			 310 CMR
			 9.04, unless the legislature has specifically
			 exempted any such activity(ies) from Department jurisdiction under M.G.L. c.
			 91.
(2)
Oversight of
			 Certain Work Authorized by the Legislature
. In accordance with
			 M.G.L. c. 91, § 20, no person shall undertake any work authorized by the
			 legislature and subject to M.G.L. c. 91 in accordance with 310 CMR 9.03(1),
			 until said person has given written notice thereof to the Department, in the
			 form of a license or permit application, and has submitted plans for such work
			 which conform with the application requirements of
			 310 CMR
			 9.00. The Department may alter such plans and impose
			 conditions in the license or permit, which shall be consistent with the
			 legislative authorization and issued in accordance with
			 310 CMR
			 9.31(4). All work so
			 authorized shall conform with the plans and conditions contained in said
			 license or permit, and shall not commence until said license or permit has been
			 issued.
In accordance with the Boston Waterfront decision of the
				Supreme Judicial Court, grants by the legislature of tidelands below the
				historic low water mark are subject to a condition subsequent that such
				tidelands be used for the public purpose for which they were granted, and the
				rights of the grantee to those tidelands are ended when that purpose is
				extinguished. If the present use of such tidelands has changed from the public
				purpose for which they were granted, authorization shall be obtained from the
				Department, in the form of a license pursuant to
				310 CMR
				9.00, in order to establish that such change of use
				serves a proper public purpose.
(3)
Activities of the
			 Massachusetts Port Authority
. In accordance with its Enabling Act,
			 St. 1956, c. 465, the Massachusetts Port Authority (Massport) may undertake the
			 following activities within the following geographic areas without written
			 authorization in the form of a license or permit from the Department:
(a) any project consisting entirely of
			 water-dependent-industrial uses or accessory uses thereto on previously filled
			 or flowed tidelands within the Port of Boston; or
(b) any project authorized by said Enabling
			 Act on previously filled tidelands within the geographical boundary of Logan
			 Airport, so long as it is operated as an airport.
Except as provided in 310 CMR 9.03(3)(b), Massport shall obtain
				a license or permit pursuant to M.G.L. c. 91 for any project consisting
				entirely of uses other than water-dependent-industrial uses. With regard to all
				other future Massport projects, Massport and the Department shall develop an
				MOU, which shall be executed by the effective date of
				310 CMR
				9.00, in order to further clarify the Department's
				jurisdiction under M.G.L. c. 91 relative to the purposes, powers, and plans of
				Massport's Enabling Act, St. 1956, c. 456, as amended.