Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Coastal Wetlands › Section 10.25 - Land under the Ocean

Current through Register 1525, July 5, 2024
(1)
Preamble
. Land under the ocean is likely to be
				significant to the protection of marine fisheries and, where there are
				shellfish, to protection of land containing
				shellfish.1 Nearshore areas of land under the ocean
				are likely to be significant to storm damage prevention, flood control, and
				protection of wildlife habitat.
Land under the ocean provides feeding areas, spawning and
				  nursery grounds and shelter for many coastal organisms related to marine
				  fisheries. Nearshore areas of land under the ocean help reduce storm damage and
				  flooding by diminishing and buffering the high energy effects of storms.
				  Submerged bars dissipate storm wave energy. Such areas provide a source of
				  sediment for seasonal rebuilding of coastal beaches and dunes. Nearshore areas
				  of land under the ocean also provide important food for birds. For example,
				  waterfowl feed heavily on vegetation (such as eel grass, widgeon grass, and
				  macrophytic algae) and invertebrates (such as polychaetes and mollusks) found
				  in estuaries and other shallow submerged land under the ocean.
When a proposed project involves the dredging, removing,
				  filling or altering of a nearshore area of land under the ocean, the issuing
				  authority shall presume that the area is significant to the interests specified
				  above.
When a proposed project involves the dredging, removing,
				  filling or altering of land under the ocean beyond the nearshore area, the
				  issuing authority shall presume that such land is significant to the protection
				  of marine fisheries and, where there are shellfish, to the protection of land
				  containing shellfish and that it is not significant to storm damage prevention,
				  flood control or protection of wildlife habitat.
These presumptions may be overcome only upon a clear showing
				  that the area or land does not play a role in the protection of marine
				  fisheries or wildlife habitat, land containing shellfish, storm damage
				  prevention or flood control, as appropriate, and if the issuing authority makes
				  a written determination to such effect.
When land under the ocean underlies an anadromous/catadromous
				  fish run,
				  310
				  CMR 10.35(1) through (4)
				  shall apply. When land under the ocean is in a designated port area,
				  310 CMR 10.26(1) through
				  (4) shall apply. When land under the ocean is
				  land containing shellfish,
				  310 CMR 10.34(1) through
				  (7) shall apply.
When nearshore areas of land under the ocean are significant
				  to storm damage prevention or flood control, the bottom topography of such land
				  is critical to the protection of those interests.
When nearshore areas or other land under the ocean is
				  significant to the protection of marine fisheries or wildlife habitat, the
				  following factors are critical to the protection of such interests:
(a) water circulation;
(b) distribution of sediment grain
				size;
(c) water quality;
(d) finfish habitat; and
(e) important food for wildlife.