Chapter 91, The Massachusetts Public Waterfront Act

The oldest program of its kind in the nation, Chapter 91 regulates activities on both coastal and inland waterways, including construction, dredging and filling in tidelands, great ponds and navigable rivers and streams. This page provides an overview of the program, allowed activities, and the permitting process.
Web page

 What is Chapter 91? Frequently Asked Questions

A comprehensive explanation of the Chapter 91 licensing process, including types of projects, exclusions, regulatory authority, penalties for noncompliance, and resources for finding information to assist in the licensing process.
Web page

Back to Waterways index

Chapter 91 Forms

Downloadable forms to apply for licenses for water-dependent and non-water-dependent projects, simplified license, requests for determinations of Chapter 91 applicability, and certificate of compliance for previously licensed projects.
Web page

Transmittal Form

Chapter 91 applications must be submitted with a transmittal form and a unique transmittal number, both available at this link.
Web page

Back to Waterways index

Research & Resources

How to find licenses and plans by using property deeds, plans, and other documents available at MassDEP's Boston office.
Web page

Massachusetts Registry of Deeds

All Chapter 91 licenses must be recorded against the deed of a property within 60 days of issuance to be valid. The Registry of Deeds homepage from the Secretary of State includes links to county Registry offices and other helpful information.
Registry of Deeds Web site

Massachusetts Archives

The Massachusetts State Archives include historical planning information such as maps and local records, useful for determining historic waterlines and previous activity in areas under the jurisdiction of Chapter 91.
State Archives Web site

Massachusetts State Library

Chapter 91 has been in force since 1866, prior to which authorization for similar activities was carried out by the Legislature. The State Library has extensive records of previous projects, as well as local and statewide documents, manuscripts, maps, special Acts of the Legislature authorizing projects and establishing state harbor lines, and many more resources for historical research.
State Library Web site

NOAA Historical Maps & Charts

For research purposes, documenting natural waterlines in harbors and along the coast.
NOAA Web site

University of New Hampshire - Historic USGS Maps of New England

These maps help document coastal changes over time, covering a period from the 1890s to the 1950s.
UNH Web site

NOAA Tide Chart

Provides times of high and low tide in different coastal locations, for use in design and public access. Tide data is available as both graphs and data tables.
NOAA Web site

Back to Waterways index

Small Docks and Piers

Authorization is required under Chapter 91 for building small docks and piers and similar structures at waterfront properties. This document provides guidance for persons interested in designing and building these structures, and Conservation Commissions which are responsible for permitting these builds under the Wetlands Protection Act.
Web page

Dredged Material Disposal Guidance (from CZM)

The Massachusetts Office of Coastal Zone Management is working to identify marine and cultural resources that may be impacted by dredged material disposal.
CZM Web site

Back to Waterways index

The Public Waterfront Act

Text of Massachusetts General Laws (MGL), Chapter 91, The Public Waterfront Act.
Massachusetts General Laws Web site

Waterways Regulations

310 CMR 9.00, the Waterways regulations, implementing the provisions of MGL Chapter 91.
Web page

Great Ponds

Any project located in, on, over or under the water of a great pond is within the jurisdiction of Chapter 91. This page gives the definition of a great pond and lists all known great ponds in Massachusetts, by county.
Web page

MassDEP/Massport Memoranda of Understanding (MOU)

These MOUs govern Chapter 91 activities on Massport-owned land in East Boston and South Boston, by establishing customized performance standards and review processes to ensure that both transportation infrastructure and public access needs are met.

East Boston
Unsigned version of MOU: MS Word 33 KB
Chapter 91 Substitutions and Offsets Summary: MS Word 43 KB
Exhibit A, East Boston Piers: PDF 231 KB
Massport link: Massport East Boston Project Web site

South Boston
Massport Link: Massport South Boston Project Web site

Back to Waterways index

Cape Wind Project

Cape Wind Associates has filed a Chapter 91 License application relative to the installation of cables for this project within the municipalities of Barnstable and Yarmouth, in flowed tidelands of Lewis Bay and Nantucket Sound. A public hearing has been scheduled for November 5, 2008.

Cape Wind Associates Chapter 91 License Application
PDF 4 MB (opens in new window)

Public Hearing Notice
Web page

Photo Gallery of successful projects permitted under Chapter 91

Illustrations of projects showing the benefits of waterways permitting.
Web page

Renewable Energy - Windpower

Wind turbines produce power by harnessing the wind's energy. Geographical considerations in the siting of these projects may lead to turbine installations in areas requiring Chapter 91 authorization.
EEA Web site

Back to Waterways index

MassDEP Wetlands Program

Approval under the Wetlands Protection Act is required for all projects needing Chapter 91 authorization.
Web page

Boston Harbor Walk

The HarborWalk is a large-scale public access project in Boston's waterfront neighborhoods.
HarborWalk Web site

Coastal Zone Management

The Massachusetts Office of Coastal Zone Management works with government, schools, communities, and the general public to promote sound management and safe use of the Massachusetts coast. MassDEP works cooperatively with CZM to protect the environmental health and safe use of coastal resources.
CZM Web site

CZM Guide to Shoreline Public Access

CZM's initiatives for supporting public access to Massachusetts coastal areas.
CZM Web site

Online Locator of Coastal Public Access Sites

CZM's online inventory of coastal beaches, parks, conservation areas and public ways.
CZM Web site

Local Port Planning

CZM's initiative to support environmentally sensitive and economically feasible water-dependent activities in certain municipal harbors in Massachusetts.
CZM Web site

Department of Conservation & Recreation - Areas of Critical Environmental Concern

Planners and engineers should be aware of these specially-designated environmentally sensitive areas, as there may be development restrictions in place until resource management plans can be completed.
DCR Web site

Massachusetts Fishing & Boating Access Sites

Maps and directions for fishing and boating access to rivers, streams, great ponds, and the coast.
Division of Fisheries & Wildlife Web site

Division of Marine Fisheries Shellfish Growing Area Maps

Planners and engineers need to take the location of shellfish growing areas into account when designing and locating a structure.
DMF Web site

Commonwealth Directory

A resource for finding information on the 351 cities and towns in Massachusetts. This site incorporates local government information such as city/town websites, state agency regional offices, contact information, and other resources which may be useful in filing a Chapter 91 application.
Mass.gov Web site

Massachusetts Registry of Deeds

All Chapter 91 licenses must be recorded against the deed of a property to be valid. The Registry of Deeds homepage from the Secretary of State includes links to county Registry offices and other helpful information.
Registry of Deeds Web site

Massachusetts Association of Harbormasters

Local authority under Chapter 91 s. 10A for issuing annual permits and providing local knowledge on boating access.
Harbormasters Web site

U.S. Army Corps of Engineers

Structures that require Chapter 91 authorization often also require federal authorization through the Corps of Engineers.
Corps of Engineers Web site

Back to Waterways index