Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Coastal Wetlands › Section 10.29 - Barrier Beaches

Current through Register 1525, July 5, 2024
(1)
Preamble
. Barrier beaches are significant to storm
				damage prevention and flood control and are likely to be significant to the
				protection of marine fisheries and wildlife habitat and, where there are
				shellfish, the protection of land containing
				shellfish.3
3 For regulations concerning land
				  containing shellfish
see
310 CMR
				  10.34.
Barrier beaches protect landward areas because they provide a
				  buffer to storm waves and to sea levels elevated by storms. Barrier beaches
				  protect from wave action such highly productive wetlands as salt marshes,
				  estuaries, lagoons, salt ponds and fresh water marshes and ponds, which are in
				  turn important to marine fisheries and protection of wildlife habitat. Barrier
				  beaches and the dunes thereon are also important to the protection of wildlife
				  habitat in the ways described in
				  310 CMR 10.27(1)
				   (Coastal Beaches) and 10.28(1) (Coastal
				  Dunes).
Barrier beaches are maintained by the alongshore movement of
				  beach sediment caused by wave action. The coastal dunes and tidal flats on a
				  barrier beach consist of sediment supplied by wind action, storm wave overwash
				  and tidal inlet deposition. Barrier beaches in Massachusetts undergo a landward
				  migration caused by the landward movement of sediment by wind, storm wave
				  overwash and tidal current processes. The continuation of these processes
				  maintains the volume of the landform which is necessary to carry out the storm
				  and flood buffer function.
When a proposed project involves removal, filling, dredging
				  or altering of a barrier beach, the issuing authority shall presume that the
				  barrier beach, including all of its coastal dunes, is significant to the
				  interest(s) specified above. This presumption may be overcome only upon a clear
				  showing that a barrier beach, including all of its coastal dunes, does not play
				  a role in storm damage prevention, flood control, or the protection of marine
				  fisheries, wildlife habitat, or land containing shellfish, and if the issuing
				  authority makes a written determination to such effect.
When a barrier beach is significant to storm damage
				  prevention and flood control, the characteristics of coastal beaches, tidal
				  flats and coastal dunes listed in
				  310 CMR 10.27(1)
				   and
				  10.28(1)
				   and their ability to respond to wave action,
				  including storm overwash sediment transport, are critical to the protection of
				  the interests specified in 310 CMR 10.29.
(2)
Definition
.
Barrier Beach
means a narrow
				  low-lying strip of land generally consisting of coastal beaches and coastal
				  dunes extending roughly parallel to the trend of the coast. It is separated
				  from the mainland by a narrow body of fresh, brackish or saline water or a
				  marsh system. A barrier beach may be joined to the mainland at one or both
				  ends.
(3)
When
				a Barrier Beach Is Determined to Be Significant to Storm Damage Prevention,
				Flood Control, Marine Fisheries or Protection of Wildlife Habitat
.
				310 CMR 10.27(3) through
				(6) (coastal beaches) and 10.28(3) through
				(5) (coastal dunes) shall apply to the coastal beaches and to all coastal dunes
				which make up a barrier beach.
(4)
				Notwithstanding the provisions of 310 CMR 10.29(3), 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.