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MGL Chapter 91

MGL Chapter 91. The Public Waterfront Act. Covering the basic questions. Why? Purpose of Act and Regulations Where? Geographic Jurisdiction What? Activities Subject to Jurisdiction How? Application process and standards When? Apply pre & post construction

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MGL Chapter 91

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  1. MGL Chapter 91 The Public Waterfront Act

  2. Covering the basic questions • Why? Purpose of Act and Regulations • Where? Geographic Jurisdiction • What? Activities Subject to Jurisdiction • How? Application process and standards • When? Apply pre & post construction • Who? Program Contact Information

  3. Chapter 91 Overview • Formerly established in 1866 • Rooted in the Public Trust Doctrine • Codified in colonial ordinances of 1641-47 • Public Has Fundamental Rights in Natural Resources such as the air, the sea, and the shore. • The state, as trustee of the public’s rights, has a duty to preserve these resources and the public’s right to use them.

  4. Chapter 91 Overview • Purpose of Regulations - 310 CMR 9.00 • to ensure tidelands are utilized for water-dependent uses or otherwise serve a proper public purpose • To protect public health, safety & general welfare • To revitalize urban waterfront properties • To promote public use and enjoyment of the water

  5. Geographic Jurisdiction • Flowed Tidelands • Filled Tidelands • Great Ponds • List by County available on linehttp://mass.gov/dep/water/resources/research.htm#pond • Navigable Rivers and Streams

  6. Geographic Jurisdiction • Commonwealth Tidelands • publicly owned lands accessible for all lawful purposes • beyond low water (or 100 rods seaward of historic high water) • Private Tidelands • Between mean low and high water • Privately owned subject to public rights to fish, fowl, navigate and natural derivatives thereof • Landlocked Tidelands • landward of the first public way and 250 feet from high water

  7. Designated Port Areas in the Mystic • 3 areas designated • Chelsea Creek • Mystic River • East Boston • DPA Boundary • Follows roads • Includes Charlestown, East Boston, Chelsea and Revere • Jurisdiction (Presumed) • Historic Mean High Water

  8. Activities Requiring Review • Construction, maintenance, reconstruction of unauthorized fill or structures • Existing or proposed use • Existing or proposed structure or fill • Change in Use or Structural Alteration • Permit for dredge, beach nourishment and lowering of Great Pond water level

  9. Public Participation in the Application Process • Landowner/Applicant submits completed application and plan to DEP Office • Notice is published & distributed to required parties • Public comments in 30-day comment period • Applicant submits response to comments • Draft decision distributed to those who request • May appeal within 21 day appeal period • License recorded at the Registry of Deeds • At completion, Certificate of Compliance required Approximate # of Days = 150-250 days

  10. Determination of Water-Dependency • Water Dependent UseSee 310 CMR 9.12(2)(a) • Require direct access to or location in the water • Nonwater-Dependent Use[310 CMR 9.12(2)(e)] • Does not require direct access to or location in the water • Water Dependent Industrial Use[9.12.(2)(b) and (c)] • Requires direct access to or location in the water • Industrial and heavy commercial uses • List of specific uses in the regulations • Other – Accessory, Temporary, Supporting DPA Use

  11. Water Dependent Uses

  12. Non- Water-Dependent Uses

  13. Performance Standards: • Preserve Public Rights[310 CMR 9.35 (2)] • Protect Water-Dependent Use[310CMR 9.36] • Meet Engineering Standards[310CMR9.31-40] • In DPA, shall not preempt, disrupt, displace[310 CMR 9.36(3),(4),& (5)] • Nonwater-Dependent Use Standards[310 CMR 9.51-54] • No private uses over water or on ground floor within 100 feet of shore • Building setback from shore and height limitations • 1:1 ratio of Open space to building footprint • Public pedestrian access network • Water-based public facility • Activate Commonwealth Tidelands

  14. MassDEP Chapter 91 Waterways LicensesAt Confluence of Mystic and Malden Rivers • 13 Waterways Licenses Issued in the area • 4 Offices, 2 shopping centers • 2 yacht clubs, school, radio station • More Greenway created through chapter 91 licensing requirements • 46 acres of filled tidelands turned into waterfront parkland • Waterfront walkways link existing development sites together • public parking provided at private developments for park use • landscaping include trees, benches, lighting and clear signage • Public: Private Partnerships establish long lasting maintenance commitments • Existing Mass DCR parkland linked together through private tideland development • Private developers provided park easements to the Mass DCR • Private developers maintain park features throughout term of the c91 license • Recreational Boating is celebrated and encouraged • Tufts Boathouse re-introduces rowing to the Malden River • Three existing Yacht Clubs • Public boat ramps provided and maintained by private licensees • Canoe Launches on Malden and Mystic Rivers • Removed 2 sunken barges and debris to improve navigation and wetland health

  15. Thanks for coming! Andrea Langhauser • MassDEP Waterways Regulation Program One Winter Street, 5th floor Boston MA 02108 • Phone: 617-348-4084 • Email: Andrea.Langhauser@state.ma.us

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