reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.34 - Conformance with Municipal Zoning and Approved Municipal Harbor Plans

Current through Register 1525, July 5, 2024
(1)
Zoning Law
. Any
			 project located on private tidelands or filled Commonwealth tidelands must be
			 determined to comply with applicable zoning ordinances and bylaws of the
			 municipality(ies) in which such tidelands are located. The Department shall
			 find this requirement is met upon receipt of written certification issued by
			 the municipal clerk, or by another municipal official responsible for
			 administering said zoning ordinances and bylaws, and signed by the municipal
			 clerk, stating that the activity to be licensed is not in violation of said
			 ordinances and bylaws. Compliance with zoning does not apply to any public
			 service project that is exempted from such requirements by law including, but
			 not limited to, action of the Department of Public Utilities pursuant to M.G.L.
			 c. 40A, § 3.
(2)
Approved Municipal Harbor Plan
.
(a) If the project is located within an area
			 covered by an Approved Municipal Harbor Plan, said project must conform to the
			 provisions of said plan to the degree applicable under plan approval at
			 301 CMR 23.00:
Review
			 and Approval of Municipal Harbor Plans
, including substitute
			 provisions adopted by the Department and listed in 310 CMR 9.57. In making this
			 determination the Department shall take into account all relevant information
			 in the public record, and shall act in accordance with the following
			 provisions:
1. the Department shall consult
			 with the planning board or other municipal body with lead responsibility for
			 plan implementation, as appropriate and in accordance with the provisions of
			 310 CMR
			 9.11(1). In the event a
			 written recommendation as to plan conformance is submitted by such board or
			 other body, the Department shall presume that the requirement is met or not met
			 in accordance with said recommendation, except upon a clear showing to the
			 contrary and except as otherwise provided in 310 CMR 9.34(2)(a)2.;
2. the Department shall not find the
			 requirement has been met if the project requires a variance or similar form of
			 exemption from the substantive provisions of the Approved Municipal Harbor
			 Plan, unless the Department determines the deviation to be
de
			 minimis
or unrelated to the purposes of M.G.L. c. 91 or
			 310 CMR
			 9.00;
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.36 - Standards to Protect Water-dependent Uses

Current through Register 1525, July 5, 2024
(1)
General
. The project shall preserve the availability
			 and suitability of tidelands, Great Ponds, and other waterways that are in use
			 for water-dependent purposes, or which are reserved primarily as locations for
			 maritime industry or other specific types of water-dependent use. In applying
			 this standard the Department shall act in accordance with 310 CMR 9.36(2)
			 through (5), and shall give particular consideration to applicable guidance
			 specified in an Approved Municipal Harbor Plan, as provided in
			 310 CMR
			 9.34(2)(b)2.
(2)
Private Access to Littoral or
			 Riparian Property
. The project shall not significantly interfere
			 with littoral or riparian property owners' right to approach their property
			 from a waterway, and to approach the waterway from said property, as provided
			 in M.G.L. c. 91, § 17. In evaluating whether such interference is caused
			 by a proposed structure, the Department may consider the proximity of the
			 structure to abutting littoral or riparian property and the density of existing
			 structures. In the case of a proposed structure which extends perpendicular to
			 the shore, the Department shall require its placement at least 25 feet away
			 from such abutting property lines, where feasible.
(3) The project shall not significantly
			 disrupt any water-dependent use in operation, as of the date of license
			 application, at an off-site location within the proximate vicinity of the
			 project site. The project shall include such mitigation and/or compensation
			 measures as the Department deems appropriate to avoid such
			 disruption.
(4) The project shall
			 not displace any water-dependent use that has occurred on the site within five
			 years prior to the date of license application, except upon a clear showing by
			 the applicant that said use:
(a) did not take
			 place on a reasonably continuous basis, for a substantial period of time; or
(b) has been or will be
			 discontinued at the site by the user, for reasons unrelated to the proposed
			 project or as a result of voluntary arrangements with the applicant.
Absent the above showings, the project shall include
				arrangements determined to be reasonable by the Department for the
				water-dependent use to be continued at its existing facility, or at a facility
				at an alternative location having physical attributes, including proximity to
				the water, and associated business conditions which equal or surpass those of
				the original facility and as may be identified in an Approved Municipal Harbor
				Plan, if any. Permanent relocation to an off-site facility may occur in order
				to accommodate a public service project for which relocation arrangements are
				governed by law, or if the Department determines that it is not appropriate for
				the water-dependent use to continue on the site. Otherwise, only temporary
				relocation may occur as necessary for project construction.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.37 - Engineering and Construction Standards

Current through Register 1525, July 5, 2024
(1) All fill
			 and structures shall be designed and constructed in a manner that:
(a) is structurally sound, as certified by a
			 Registered Professional Engineer;
(b) complies with applicable state
			 requirements for construction in flood plains, in accordance with the State
			 Building Code, 780 CMR and as hereafter may be amended, and will not pose an
			 unreasonable threat to navigation, public health or safety, or adjacent
			 buildings or structures, if damaged or destroyed in a storm; and
(c) does not unreasonably restrict the
			 ability to dredge any channels.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.38 - Use Standards for Recreational Boating Facilities

Current through Register 1525, July 5, 2024
(1)
Public Recreational Boating
			 Facilities
. Any project that includes a public recreational
			 boating facility, any portion of which is located on Commonwealth tidelands or
			 Great Ponds, shall include measures to ensure patronage of such facility by the
			 general public. In applying this standard the Department shall act in
			 accordance with the following provisions:
(a)
			 all vacant berths shall be assigned in a fair and equitable manner to the
			 public patrons of said facility, by means of a waiting list or other comparably
			 unbiased method; nothing in this provision shall be construed to prevent
			 berthing assignments based on vessel characteristics, or the offer of first
			 refusal rights to existing patrons of the facility who wish to relocate to a
			 vacant berth;
(b) any contract or
			 other agreement for exclusive use of berths at said facility shall have a
			 maximum term of one year, and may be renewable upon each expiration for an
			 additional period of up to one year;
(c) reasonable arrangements shall be made to
			 accommodate transient boaters, including, at a minimum, a procedure for making
			 any berth available for transient use during periods of vacancy in excess of 24
			 hours;
(d) all exterior pedestrian
			 facilities on the project site shall be open to the general public, except
			 where access restrictions are necessary in order to avoid significant
			 interference with the operation of the facility or to maintain security at
			 slips, ramps, floats, and other docking facilities; any such access
			 restrictions shall be stated in the license.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.39 - Standards for Marinas, Boatyards, and Boat Ramps

Current through Register 1525, July 5, 2024
(1)
Marinas
.
(a)
Design Standards for
			 Marinas
. Any project that includes a new marina, or any expansion
			 thereof to ten or more berths greater than the number of berths existing on the
			 effective date of
			 310 CMR
			 9.00, shall comply with the following design
			 requirements:
1. all docking facilities,
			 including passageways, shall be certified to be structurally sound by a
			 registered professional engineer;
2. safe and unobstructed navigational ingress
			 and egress to docking facilities shall be provided;
3. sanitary facilities shall be provided,
			 including:
a. an adequate number of restrooms
			 and refuse receptacles appropriate for the number of berths at the marina; in
			 general, there should be one toilet fixture per sex for every 50 berths, and
			 refuse receptacles at every gangway and restroom area; and
b. sewage pumpout facilities shall be
			 provided as appropriate based on the number of berths and type of vessels at
			 the marina, the availability of such facilities nearby, and environmental
			 considerations including the water circulation patterns of the waterway and the
			 proximity of shellfish resources; in general, there should be a sewage pumpout
			 facility for marinas with more than 50 berths, or as otherwise specified in an
			 Approved Municipal Harbor Plan; documentation shall be provided showing
			 compliance with local, state, and federal requirements for said
			 facilities;
4. any
			 utility services provided at the marina shall be constructed and maintained in
			 compliance with all applicable local and state requirements;
5. all lighting at the marina shall be
			 designed to minimize interference with navigation by reflection, glare, or
			 interference with aids to navigation;
6. if the applicant proposes to provide
			 facilities for storage, pumping or conveyance of petroleum fuels, the following
			 information shall also be provided:
a. a
			 detailed description and site location plan for marine related facilities
			 necessary for the pumping, conveyance and storage of any petroleum
			 products;
b. a list of methods and
			 equipment to be used for containment and clean-up of any petroleum fuels
			 accidentally discharged into the water, including minor spills during routine
			 operations; and a detailed contingency plan for major spills;
c. documentation showing compliance with
			 applicable local, state and federal requirements for said facilities.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.40 - Standards for Dredging and Dredged Material Disposal

Current through Register 1525, July 5, 2024
Any project that includes dredging or dredged material disposal
				shall comply with the following requirements:
(1)
Limitations on Dredging and
			 Disposal Activity
(a) The project
			 shall not include any dredging of channels, mooring basins, or turnaround
			 basins to a mean low water depth greater than 20 feet, unless said project:
1. is located within a Designated Port Area;
			 or
2. serves a commercial
			 navigation purpose of state, regional, or federal significance, and cannot
			 reasonably be located in a Designated Port Area.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.51 - Conservation of Capacity for Water-dependent Use

Current through Register 1525, July 5, 2024
A nonwater-dependent use project that includes fill or
				structures on any tidelands shall not unreasonably diminish the capacity of
				such lands to accommodate water-dependent use. In applying this standard, the
				Department shall take into account any relevant information concerning the
				utility or adaptability of the site for present or future water-dependent
				purposes, especially in the vicinity of a water-dependent use zone; and shall
				adhere to the greatest reasonable extent to applicable guidance specified in an
				Approved Municipal Harbor Plan, as provided in
				310 CMR
				9.34(2)(b)2. At a minimum,
				the Department shall act in accordance with the following provisions:
(1) If the project includes
			 nonwater-dependent facilities of private tenancy, such facilities must be
			 developed in a manner that prevents significant conflict in operation between
			 their users and those of any water-dependent facility which reasonably can be
			 expected to locate on or near the project site. Characteristics of the
			 respective facilities that may give rise to such user conflict include, but are
			 not limited to:
(a) presence of noise and
			 odors;
(b) type of equipment and
			 accessory services;
(c) hours of
			 operation and spatial patterns of activity;
(d) traffic flows and parking
			 needs;
(e) size and composition of
			 user groups;
(f) privacy and
			 security requirements; and
(g)
			 requirements for public infrastructure.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.52 - Utilization of Shoreline for Water-dependent Purposes

Current through Register 1525, July 5, 2024
A nonwater-dependent use project that includes fill or
				structures on any tidelands shall devote a reasonable portion of such lands to
				water-dependent use, including public access in the exercise of public rights
				in such lands. In applying this standard, the Department shall take into
				account any relevant information concerning the capacity of the project site to
				serve such water-dependent purposes, especially in the vicinity of a
				water-dependent use zone; and shall give particular consideration to applicable
				guidance specified in an Approved Municipal Harbor Plan, as provided in
				310 CMR
				9.34(2)(b)2. Except as
				necessary to protect public health, safety, or the environment, the Department
				shall act in accordance with the following provisions.
(1) In the event the project site includes a
			 water-dependent use zone, the project shall include at least the following:
(a) one or more facilities that generate
			 water-dependent activity of a kind and to a degree that is appropriate for the
			 project site, given the nature of the project, conditions of the water body on
			 which it is located, and other relevant circumstances; in making this
			 determination, the Department shall give particular consideration to:
1. facilities that promote active use of the
			 project shoreline, such as boat landing docks and launching ramps, marinas,
			 fishing piers, waterfront boardwalks and esplanades for public recreation, and
			 water-based public facilities as listed in
			 310 CMR
			 9.53(2)(a); and
2. facilities for which a demonstrated need
			 exists in the harbor in question and for which other suitable locations are not
			 reasonably available; and
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.54 - Consistency with Coastal Zone Management Policies

Current through Register 1525, July 5, 2024
Nonwater-dependent use projects located in the coastal zone
				shall be consistent with all policies of the Massachusetts Coastal Zone
				Management Program, pursuant to 301 CMR 20.05(3). In applying this standard for
				projects identified for CZM participation in license or permit proceedings
				pursuant to
				310 CMR
				9.13(2)(a), the Department
				shall consider any written statement submitted by the Coastal Zone Management
				Office pursuant to
				310 CMR
				9.13(2), and shall act in
				accordance with the following provisions:
(1) If the Department concurs with the
			 conclusions and recommendations of CZM, said written statement shall be adopted
			 as part of the written determination on license application.
(2) If the Department disagrees with any
			 conclusions or recommendations of CZM and the disagreement cannot be resolved
			 through routine consultation, the assistance and direction of the Secretary
			 shall be sought in accordance with the provisions of M.G.L. c. 21A, § 4,
			 governing mediation of administrative and jurisdictional conflicts within
			 EOEEA. If the disagreement is not eliminated through such mediation, the
			 Department shall include in the written determination an explanation of the
			 specific basis for its final decision on consistency with CZM policies.
If the project site is within an area covered by an Approved
				Municipal Harbor Plan, the Department shall presume this standard is met, in
				accordance with the provisions of
				310 CMR
				9.34(2)(b)3.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.55 - Standards for Nonwater-dependent Infrastructure Facilities

Current through Register 1525, July 5, 2024
(1) The requirements of
			 310 CMR
			 9.51 through
			 9.53,
			 shall not apply to nonwater-dependent use projects consisting of infrastructure
			 facilities on tidelands or Great Ponds. Such projects shall include mitigation
			 and/or compensation measures as deemed appropriate by the Department to ensure
			 that all feasible measures are taken to avoid or minimize detriments to the
			 water-related interests of the public. Such interests include, but are not
			 limited to:
(a) the protection of maritime
			 commerce, industry, recreation and associated public access;
(b) the protection, restoration, and
			 enhancement of living marine resources;
(c) the attainment of water quality
			 goals;
(d) the reduction of flood
			 and erosion-related hazards on lands subject to the 100-year storm event or to
			 sea level rise, especially those in damage-prone or natural buffer
			 areas;
(e) the protection and
			 enhancement of public views and visual quality in the natural and built
			 environment of the shoreline; and
(f) the preservation of historic sites and
			 districts, archaeological sites, and other significant cultural resources near
			 waterways.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.57 - Approved Municipal Harbor Plans

Current through Register 1525, July 5, 2024
(1) The following
			 Municipal Harbor Plans are Approved Municipal Harbor Plans:
(a) East Boston Waterfront District Municipal
			 Harbor Plan (July 15, 2002, as renewed and amended on December 17, 2008, March
			 4, 2009, and August 2, 2012);
(b)
			 Fort Point Downtown (Boston) Municipal Harbor Plan Phase I (October 10, 2002,
			 as renewed on February 12, 2013);
(c) Fort Point Downtown (Boston) Municipal
			 Harbor Plan Phase II (March 8, 2004, as renewed on April 9, 2014);
(d) Harborpark (Boston) Plan (May 22, 1991,
			 as renewed and amended on July 29, 1999, October 12, 2006, and April 4,
			 2008);
(e) South Boston Waterfront
			 District Municipal Harbor Plan (December 6, 2000, as renewed and amended on
			 December 31, 2002, October 22, 2009, and December 21, 2016);
(f) Cohasset Municipal Harbor Plan (November
			 25, 2020);
(g) Central Waterfront
			 (Everett) Municipal Harbor Plan (February 10, 2014);
(h) Gloucester Municipal Harbor Plan and DPA
			 Master Plan (July 6, 1999, as renewed and amended on December 11, 2009 and
			 December 19, 2014);
(i) Lynn
			 Municipal Harbor Plan and DPA Master Plan (June 28, 2010, as renewed and
			 amended on November 25, 2020);
(j)
			 Nantucket and Madaket Municipal Harbor Plan (December 21, 2009);
(k) New Bedford Fairhaven Municipal Harbor
			 Plan and DPA Master Plan (September 24, 2002, as renewed and amended on June
			 14, 2010);
(l) Provincetown Harbor
			 Management Plan (May 4, 1999, as renewed and amended on February 29, 2012 and
			 April 10, 2019);
(m) Salem
			 Municipal Harbor Plan and DPA Master Plan (June 24, 2008);
(n) Hull Harbor Plan (February 14,
			 2000);
(o) South Coastal Harbor
			 (Chatham) Management Plan (August 19, 1994, as renewed on July 23, 1999,
			 October 21, 2005, and May 12, 2015);
(p) Edgartown Municipal Harbor Plan (October
			 2, 1997, as renewed on April 30, 2003); and
(q) Chelsea Municipal Harbor Plan and
			 Designated Port Area Master Plan (April 1, 2022).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Regulations for All Wetlands › Section 10.01 - Introduction and Purpose

Current through Register 1525, July 5, 2024
(1)
Introduction
.
				310 CMR
				10.00 is promulgated by the Commissioner of the
				Massachusetts Department of Environmental Protection pursuant to the authority
				granted under The Wetlands Protection Act, M.G.L. c. 131, § 40.
				310 CMR
				10.00 shall complement M.G.L. c. 131, § 40, and
				shall have the force of law.
310 CMR 10.01 through
				  10.10 provide
				  definitions and procedures. 310 CMR 10.01 through
				  10.10 pertains to
				  both inland and coastal areas subject to protection under M.G.L. c. 131, §
				  40.
				  310 CMR 10.21
				  through
				  10.60
				  provide standards for work within those areas.
				  310 CMR 10.21
				  through
				  10.37
				  pertains only to coastal areas and
				  310 CMR 10.51
				  through
				  10.60
				  pertains only to inland areas. A project may be subject to regulation under
				  310 CMR
				  10.00 in which case compliance with all applicable
				  regulations is required.
(2)
Purpose
. M.G.L.
				c. 131, § 40 sets forth a public review and decision-making process by
				which activities affecting Areas Subject to Protection under M.G.L. c. 131,
				§ 40 are to be regulated in order to contribute to the following
				interests:
-protection of public and private water supply
-protection of ground water supply
-flood control
-storm damage prevention
-prevention of pollution
-protection of land containing shellfish
-protection of fisheries
-protection of wildlife habitat The purpose of
				  310 CMR
				  10.00 is to define and clarify that process by
				  establishing standard definitions and uniform procedures by which conservation
				  commissions and the Department may carry out their responsibilities under
				  M.G.L. c. 131, § 40. Applicants and issuing authorities shall use forms
				  provided by the Department to implement
				  310 CMR
				  10.00.
310 CMR
				  10.00 is intended solely for use in administering
				  M.G.L. c. 131, § 40; nothing contained in
				  310 CMR
				  10.00 should be construed as preempting or precluding
				  more stringent protection of wetlands or other natural resource areas by local
				  by-law, ordinance or regulation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Regulations for All Wetlands › Section 10.02 - Statement of Jurisdiction

Current through Register 1525, July 5, 2024
(1)
Areas Subject to Protection under M.G.L. c. 131, §
				40
. The following areas are subject to protection under M.G.L. c.
				131, § 40:
(a) Any bank, the ocean any
				freshwater wetland, any estuary any coastal wetland, any creek any beach,
				bordering any river any dune, on any stream any flat, any pond any marsh, or
				any lake or any swamp
(b) Land
				under any of the water bodies listed above
(c) Land subject to tidal action
(d) Land subject to coastal storm
				flowage
(e) Land subject to
				flooding
(f) Riverfront
				area.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Regulations for All Wetlands › Section 10.03 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Burden of Proof
.
(a)
				Any person who files a Notice of Intent to perform any work within an Area
				Subject to Protection under M.G.L. c. 131, § 40 or within the Buffer Zone
				has the burden of demonstrating to the issuing authority:
1. that the area is not significant to the
				protection of any of the interests identified in M.G.L. c. 131, § 40;
				or
2. that the proposed work within
				a resource area will contribute to the protection of the interests identified
				in M.G.L. c. 131, § 40 by complying with the general performance standards
				established by
				310 CMR
				10.00 for that area.
3. that proposed work within the buffer zone
				will contribute to the protection of the interests identified in M.G.L. c. 131,
				§ 40, except that proposed work which lies both within the riverfront area
				and within all or a portion of the buffer zone to another resource area shall
				comply with the performance standards for riverfront areas at
				310 CMR 10.58.
				For minor activities as specified in
				310 CMR 10.02(2)
				 b.1. within the riverfront area or the
				buffer zone to another resource area, the Department has determined that
				additional conditions are not necessary to contribute to the protection of the
				interests identified in M.G.L. c. 131, § 40.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Regulations for All Wetlands › Section 10.07 - Compliance with M.G.L. c. 30, sections 61 through 62H

Current through Register 1525, July 5, 2024
(1) The Massachusetts Environmental Policy
				Act, M.G.L. c. 30, §§ 61 through 62H, may require an applicant to
				file an Environmental Notification Form (ENF) and possibly an Environmental
				Impact Report (EIR) for the proposed work, prior to the Department's issuance
				of a Superseding Order. See
				301 CMR
				11.00: MEPA Regulations.
(2) If said filing is required, the
				Department shall so notify the applicant upon receipt of the request for the
				Department to act. If within 70 days of the request for the Department to act
				the applicant has not filed an ENF, the Department may issue a Superseding
				Order prohibiting the project; provided, however, that such an order shall not
				issue if the Executive Office of Energy and Environmental Affairs determines
				that the filing of an ENF is not required.
(3) In determining total surface area for
				purposes of M.G.L. c. 30, §§ 6 through 62H wetlands threshold set
				forth in 301 CMR 11.25(2) and 11.26(7)(a), only those portions of the Areas
				Subject to Protection under M.G.L. c. 131, § 40 specified in
				310 CMR
				10.02(1), not including the
				Buffer Zone, which will be removed, filled, dredged or altered shall be
				considered.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Regulations for All Wetlands › Section 10.08 - Enforcement Orders

Current through Register 1525, July 5, 2024
(1) When the
				conservation commission, the Department or the Office of Law Enforcement of the
				Executive Office of Energy and Environmental Affairs determines that an
				activity is in violation of M.G.L. c. 131, § 40,
				310 CMR
				10.00 or a Final Order, the conservation commission,
				Department or the Office of Law Enforcement may issue an Enforcement Order.
				Violations include:
(a) failure to comply with
				a Final Order, Final Determination, Emergency Declaration, or Emergency
				Certification, such as failure to observe a particular condition or time period
				specified in the Order, Declaration, or Certification;
(b) failure to complete work described in a
				Final Order or Final Determination, Emergency Declaration, or Emergency
				Certification when such failure causes damage to the interests identified in
				M.G.L. c. 131, § 40;
(c)
				failure to obtain a valid Final Order or Extension Permit prior to conducting
				an Activity Subject to Regulation under M.G.L. c. 131, § 40 as defined in
				310 CMR
				10.02(2);
(d) making any false, inaccurate, or
				misleading statements in any certification filed under
				310 CMR
				10.00, including any certification that the
				requirements of
				310 CMR
				10.02(2)(b)2. will be
				met.
(e) failure to comply with any
				certification on project plans or eligibility under
				310 CMR
				10.02(2)(b)2.
(f) leaving in place unauthorized fill or
				otherwise fail to restore illegally altered land to its original condition, or
				the continuation of any other activity in violation of M.G.L. c. 131, §
				40.
The conservation commission, its members and agents, and
				  Department employees may enter upon privately owned land for the purpose of
				  performing their duties under M.G.L. c. 131, § 40, subject to
				  constitutional limitations.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Regulations for All Wetlands › Section 10.09 - Severability

Current through Register 1525, July 5, 2024
If any provision of any part of
				  310 CMR
				  10.00 or the application thereof, is held to be
				  invalid, such invalidity shall not affect any other provision of
				  310 CMR
				  10.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Coastal Wetlands › Section 10.22 - Purpose

Current through Register 1525, July 5, 2024
310 CMR 10.21
				  through
				  10.37
				  are promulgated pursuant to M.G.L. c. 131, § 40 and are intended to
				  implement it. They are further intended to establish criteria and standards for
				  the uniform and coordinated administration of the provisions of M.G.L. c. 131,
				  § 40; to ensure coordination between the Department and other Executive
				  Office of Energy and Environmental Affairs agencies; and to ensure
				  consideration by the Department of relevant policies, laws or programs of other
				  Executive Office of Energy and Environmental Affairs agencies.
				  310 CMR 10.21
				  through
				  10.37
				  is, in addition, intended to be consistent with and form a part of the
				  Commonwealth's Coastal Zone Management Program as it has been promulgated and
				  defined by 301 CMR 21.00: Coastal Zone Management Program Federal Consistency
				  Review Procedures.
				  310 CMR 10.21
				  through
				  10.37,
				  however, are adopted independently under M.G.L. c. 131, § 40 and would
				  remain in full force and effect in the absence of
				  301 CMR 20.00: Coastal Zone
				  Management Program.
The interpretation and application of
				  310 CMR 10.21
				  through
				  10.37
				  shall be consistent with the policies of
				  301 CMR 20.00: Coastal Zone
				  Management Program to the maximum extent permissible under M.G.L. c. 131,
				  § 40. M.G.L. c. 21A, § 2 establishes the CZM policies as part of
				  301 CMR 20.00, and the
				  Department recognizes these policies as state environmental policy, which it
				  will carry out in accordance with M.G.L. c. 21A, § 2. Specifically,
				  301 CMR 20.99:
				  Severability, Coastal Hazards Policy #1, and #2, Energy Policy #1, Habitat
				  Policy #1, Ocean Resources Policy #1, Ports and Harbors Policy #1, #2 and #3,
				  Protected Areas Policy #1 and Water Quality Policy #1 and #2 are applicable to
				  the administration of M.G.L. c. 21A, § 2, but the provisions of the more
				  specific regulations contained in the following sections shall govern, unless
				  the Secretary, pursuant to the conflict resolution procedures of M.G.L. c. 21A,
				  301 CMR 20.00 of the CZM
				  Regulations, has resolved any conflict and has determined that the CZM policies
				  should or should not apply.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Coastal Wetlands › Section 10.32 - Salt Marshes

Current through Register 1525, July 5, 2024
(1)
Preamble
. Salt marshes are significant to protection
				of marine fisheries, wildlife habitat, and where there are shellfish, to
				protection of land containing shellfish, and prevention of pollution and are
				likely to be significant to storm damage prevention and ground water supply.
A salt marsh produces large amounts of organic matter. A
				  significant portion of this material is exported as detritus and dissolved
				  organics to estuarine and coastal waters, where it provides the basis for a
				  large food web that supports many marine organisms, including finfish and
				  shellfish as well as many bird species. Salt marshes also provide a spawning
				  and nursery habitat for several important estuarine forage finfish as well as
				  important food, shelter, breeding areas, and migratory and overwintering areas
				  for many wildlife species.
Salt marsh plants and substrate remove pollutants from
				  surrounding waters. The network of salt marsh vegetation roots and rhizomes
				  binds sediments together.
The sediments absorb chlorinated hydrocarbons and heavy
				  metals such as lead, copper, and iron. The marsh also retains nitrogen and
				  phosphorous compounds, which in large amounts can lead to algal blooms in
				  coastal waters.
The underlying peat also serves as a barrier between fresh
				  ground water landward of the salt marsh and the ocean, thus helping to maintain
				  the level of such ground water.
Salt marsh cord grass and underlying peat are resistant to
				  erosion and dissipate wave energy, thereby providing a buffer that reduces wave
				  damage.
When a proposed project involves the dredging, filling,
				  removing or altering of a salt marsh, the issuing authority shall presume that
				  such area is significant to the interests specified above. This presumption may
				  be overcome only upon a clear showing that a salt marsh does not play a role in
				  the protection of marine fisheries or wildlife habitat, prevention of
				  pollution, ground water supply, or storm damage prevention, and if the issuing
				  authority makes a written determination to such effect.
When a salt marsh is significant to one or more of the
				  interests specified above, the following characteristics are critical to the
				  protection of such interest(s):
(a)
				the growth, composition and distribution of salt marsh vegetation, (protection
				of marine fisheries and wildlife habitat, prevention of pollution, storm damage
				prevention);
(b) the flow and level
				of tidal and fresh water (protection of marine fisheries and wildlife habitat,
				prevention of pollution); and
(c)
				the presence and depth of peat (ground water supply, prevention of pollution,
				storm damage prevention).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Coastal Wetlands › Section 10.33 - Land under Salt Ponds

Current through Register 1525, July 5, 2024
(1)
Preamble
. Land under salt ponds is significant to the
				protection of marine fisheries and wildlife habitat and, where there are
				shellfish, to the protection of land containing
				shellfish.5
Land under salt ponds provides an excellent habitat for
				  marine fisheries. The high productivity of plants in salt ponds provides food
				  for shellfish, crustaceans and larval and juvenile fish. Salt ponds also
				  provide spawning areas for shellfish and are nursery areas for crabs and fish.
				  In addition to the many birds which feed on fish found in salt ponds, waterfowl
				  also eat invertebrates such as mollusks and crustaceans, which in turn depend
				  on bottom sediment and vegetation. Some bird species also eat
rupia
and eel grass which may be rooted in land under salt
				  ponds.
When a proposed project involves the dredging, filling,
				  removing or altering of land under a salt pond, the issuing authority shall
				  presume that such land is significant to the protection of marine fisheries and
				  wildlife habitat and, where there are shellfish, to the protection of land
				  containing shellfish. This presumption may be overcome only upon a clear
				  showing that land under a salt pond does not play a role in the protection of
				  marine fisheries or wildlife habitat or land containing shellfish, and if the
				  issuing authority makes a written determination to such effect.
When land under a salt pond is significant to the protection
				  of marine fisheries or wildlife habitat, the following factors are critical to
				  the protection of that interest:
(a)
				water circulation;
(b) distribution
				of sediment grain size;
(c)
				freshwater inflow;
(d) productivity
				of plants; and
(e) water
				quality.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Coastal Wetlands › Section 10.34 - Land Containing Shellfish

Current through Register 1525, July 5, 2024
(1)
Preamble
. Land containing shellfish is found within
				certain of the resource areas under the jurisdiction of M.G.L. c. 131, §
				40. "Land containing shellfish" is also specifically one of the interests of
				M.G.L. c. 131, § 40. The purpose of 310 CMR 10.34 is to identify those
				resource areas likely to contain shellfish, to provide criteria for determining
				the significance of land containing shellfish, and to establish regulations for
				projects which will affect such land.
Land containing shellfish is, under 310 CMR 10.34(3),
				  significant to the protection of marine fisheries as well as to the protection
				  of the interest of land containing shellfish.
Shellfish are a valuable renewable resource. The maintenance
				  of productive shellfish beds not only assures the continuance of shellfish
				  themselves, but also plays a direct role in supporting fish stocks by providing
				  a major food source. The young shellfish in the planktonic larval stage that
				  are produced in large quantities during spring and summer are an important
				  source of food for the young stages of marine fishes and many
				  crustaceans.
When a resource area is found to be significant to the
				  protection of land containing shellfish under 310 CMR 10.34(3), and is,
				  therefore, also significant to marine fisheries the following factors are
				  critical to the protection of those interests:
(a) shellfish;
(b) water quality;
(c) water circulation; and
(d) the natural relief, evaluation or
				distribution of sediment grain size of such land.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Coastal Wetlands › Section 10.35 - Banks of or Land under the Ocean, Ponds, Streams, Rivers, Lakes, or Creeks that Underlie an Anadromous/Catadromous Fish Run ("Fish Run")

Current through Register 1525, July 5, 2024
(1)
Preamble
. The
				banks of and land under the ocean, ponds, streams, rivers, lakes or creeks that
				underlie an anadromous/catadromous fish run are significant to protection of
				marine fisheries.
Anadromous and catadromous fish ("the fish") are renewable
				  protein resources that provide recreational, aesthetic and commercial benefits.
				  In addition, throughout their life cycle such fish are important components of
				  freshwater, estuarine, and marine environments and are food sources for other
				  organisms.
The spawning migrations of such fish also provide a direct
				  link between marine and freshwater ecosystems. This link plays a role in
				  maintaining the productivity of fisheries.
When a proposed project involves the dredging, filling,
				  removing or altering of a bank of a fish run, or land under the ocean, or under
				  a pond, stream, river, lake or creek which is a fish run, the issuing authority
				  shall presume that such bank or land is significant to the protection of marine
				  fisheries. This presumption is rebuttable and may be overcome only upon a clear
				  showing that such bank or land does not play a role in the protection of marine
				  fisheries, and if the issuing authority makes a written determination to that
				  effect.
When such a bank of a fish run, or land under the ocean or
				  under a pond, stream, river, lake or creek which is a fish run is significant
				  to the protection of marine fisheries, the following factors are critical to
				  the protection of such interest:
(a)
				the fish;
(b) accessibility of
				spawning areas;
(c) the volume or
				rate of the flow of water within spawning areas and migratory routes;
				and
(d) spawning and nursery
				grounds.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Inland Wetlands › Section 10.51 - Introduction

Current through Register 1525, July 5, 2024
310 CMR 10.51 through
				  10.60
				  applies to all work which will remove, fill, dredge or alter any bank,
				  bordering vegetated wetland, land under water bodies and waterways, land
				  subject to flooding or riverfront area. 310 CMR 10.51 through
				  10.60
				  pertains to inland (as opposed to coastal) wetlands, and is promulgated in
				  addition to
				  310 CMR
				  10.01 through
				  10.10 and
				  10.21 through
				  10.37.
				  A project may be subject to regulation under both
				  310 CMR
				  10.01 through
				  10.10 and
				  10.21 through
				  10.37,
				  in which case compliance with all applicable regulations is required.
310 CMR 10.51 through
				  10.60
				  is grouped into five resource areas. Each section begins with a Preamble which
				  specifies the interests identified in M.G.L. c. 131, § 40 to which that
				  resource area is or is likely to be significant. The next subsection defines
				  the resource area and describes the characteristics of that area which are
				  critical to the protection of the interests so identified. The next subsection
				  sets forth the presumptions concerning the significance of the resource area.
				  The last subsection contains the general performance standards to be applied to
				  any work that will remove, fill, dredge or alter the resource
				  area.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Inland Wetlands › Section 10.52 - Purpose

Current through Register 1525, July 5, 2024
310 CMR 10.51
				  through
				  10.60
				  is intended to establish criteria and standards for the uniform and coordinated
				  administration of the provisions of M.G.L. c. 131, § 40. It is intended to
				  ensure that development in and near inland wetlands is sited, designed,
				  constructed and maintained in a manner that protects the public interests
				  identified in M.G.L. c. 131, § 40 and served by these resource
				  areas.
310 CMR 10.51
				  through
				  10.60
				  is intended to ensure coordination between the divisions of the Department and
				  between the Department and other Executive Office of Energy and Environmental
				  Affairs agencies; and to ensure consideration by the Department of relevant
				  policies, laws or programs of other Executive Office of Energy and
				  Environmental Affairs agencies.
				  310 CMR 10.51
				  through
				  10.60
				  is, in addition, intended to be consistent with and form a part of the
				  Commonwealth's Coastal Zone Management Program as it has been promulgated and
				  defined by 301 CMR 20:00: Coastal Zone Management Program is sued pursuant to
				  M.G.L. c. 21A.
				  310 CMR 10.51
				  through
				  10.60,
				  however, is adopted independently under M.G.L. c. 131, § 40 and would
				  remain in full force and effect in the absence of
				  301 CMR 20.00.
310 CMR 10.51
				  through
				  10.60
				  is intended to notify both persons proposing work in Areas Subject to
				  Protection Under M.G.L. c. 131, § 40 and those regulating that work as to
				  the performance standards that should be applied. These standards are intended
				  to identify the level of protection that the issuing authority must impose in
				  order to contribute to the protection of the interests identified in M.G.L. c.
				  131, § 40. It is the responsibility of the person proposing work to design
				  and complete his project in conformance with these performance standards. It is
				  the responsibility of the issuing authority to impose such conditions on a
				  proposed project as to ensure that the project is designed and completed in a
				  manner consistent with these standards.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Inland Wetlands › Section 10.60 - Wildlife Habitat Evaluations

Current through Register 1525, July 5, 2024
(1)
Measuring Adverse Effects on Wildlife Habitat
.
(a) To the extent that a proposed project on
				inland Banks, Land under Water, Riverfront Area, or Land Subject to Flooding
				will alter vernal pool habitat or will alter other wildlife habitat beyond the
				thresholds permitted under
				310 CMR
				10.54(4)(a)5.,
				10.56(4)(a)4., 10.57(4)(a)3. and 10.58(4)(d)1., such alterations may be
				permitted only if they will have no adverse effects on wildlife habitat.
				Adverse effects on wildlife habitat mean the alteration of any habitat
				characteristic listed in 310 CMR 10.60(2), insofar as such alteration will,
				following two growing seasons of project completion and thereafter (or, if a
				project would eliminate trees, upon the maturity of replanted saplings)
				substantially reduce its capacity to provide the important wildlife habitat
				functions listed in 310 CMR 10.60(2). Such performance standard, however, shall
				not apply to the habitat of rare species, which are covered by the performance
				standards established under
				310 CMR
				10.59.
(b) An evaluation by the applicant of whether
				a proposed project will have an adverse effect on wildlife habitat beyond
				permissible thresholds shall be performed by an individual with at least a
				masters degree in wildlife biology or ecological science from an accredited
				college or university, or other competent professional with at least two years
				experience in wildlife habitat evaluation.
(c) Any wildlife habitat management practices
				conducted by the Division of Fisheries and Wildlife, and any wildlife
				management practices of any individual or organization if reviewed and approved
				in writing by said Division, shall be presumed to have no adverse effect on
				wildlife habitat. Such presumption is rebuttable, and may be overcome by a
				clear showing to the contrary.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 11.00 - General Application And Administration Environmental Code, Title 1 › Section 11.01 - Scope of Application; Effective Date

Current through Register 1525, July 5, 2024
(1)
Application
. The State Environmental Code shall apply
			 through out the Commonwealth unless and to the extent that the provisions of
			 any title are expressly limited.
(2)
Effective Date
.
			 310 CMR 11.00 shall be
			 effective and have the force of law upon filing with the Secretary of State.
			 Every other title shall be effective and have the force of law in accordance
			 with the provisions of each. If a title fails to state a date from when it is
			 to be effective, it shall become effective from the day following the date it
			 is filed with the Secretary of State.