13. Municipal Harbor Plans

Authorities: M.G.L. c. 91: Public Waterfront Act; 301 CMR 23.00: Municipal Harbor Plans, 310 CMR 9.00: Waterways Regulations.

Jurisdiction: Filled and flowed tidelands of the Commonwealth.

Applicability: Projects in state-approved municipal harbor planning districts must comply with the provisions of municipal harbor plans.

Regulatory Summary: Municipal harbor plans establish a community’s objectives, standards, and policies for guiding public and private utilization of land and water within Chapter 91 (21) jurisdiction. Plans provide for an implementation program, which specifies the legal and institutional arrangements, financial strategies, and other measures to be taken to achieve the objectives of the harbor plan. Harbor plans may, for example, establish siting and design criteria for projects within a harbor, or designate certain parts of a harbor as off-limits to in-water construction and mooring placement. Plans are developed under Massachusetts Office of Coastal Zone Management (CZM) regulations and implemented under Chapter 91 regulations.

Review Process: Projects in municipal harbor planning districts are reviewed through the Department of Environmental Protection (MassDEP) Chapter 91 (21) and CZM federal consistency reviews (22).

Forms: BRP WW01, BRP WW14, BRP WW15, BRP WW16, or BRP WW17 www.mass.gov/dep/water/approvals/wwforms.htm.

Fees: There are no additional fees for review of projects in municipal harbor planning districts aside from DEP’s license application fee.

Websites: www.mass.gov/czm/phpp2.htm; www.mass.gov/dep/water/resources/waterway.htm.

Contacts: CZM Regional Coordinators:

• CZM North Shore (978) 281-3972.
• CZM Boston Harbor (617) 626-1200.
• CZM South Shore (781) 545-8026 x209.
• CZM Cape Cod & Islands (508) 362-1760.
• CZM South Coastal (508) 291-3625 x20.

MassDEP Waterways Program (617) 292-5696.