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Waterways
Water, Wastewater & Wetlands: Waterways
Overview
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. 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. Water, Wastewater & Wetlands: Waterways
Applications & Forms
Waterways Permitting Guide A concise guide to the Chapter 91 permitting process, detailing which type of Chapter 91 authorization your proposed activity or project requires. Waterways Permitting Frequently Asked Questions Questions and answers about Chapter 91 permitting, including applicability and types of licensing. 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. Transmittal Form Chapter 91 applications must be submitted with a transmittal form and a unique transmittal number, both available at this link. Water, Wastewater & Wetlands: Waterways
Research & Resources
Waterways File Review & Research How to find licenses and plans by using property deeds, plans, and other documents available at MassDEP's Boston office. 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. 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. 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. Chapter 91 Tidelands Jurisdiction Datalayers This MassGIS page provides downloadable data showing the presumed extent of Chapter 91 jurisdiction along the coast, for reference when filing Ch. 91 applications. Digital copies of georeferenced historical maps are also available for purchase from MassGIS. 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 Historical Maps & Charts For research purposes, documenting natural waterlines in harbors and along the coast. 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. Water, Wastewater & Wetlands: Waterways
Guidance
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. 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. Water, Wastewater & Wetlands: Waterways
Rules & Regulations
The Public Waterfront Act Text of Massachusetts General Laws (MGL), Chapter 91, The Public Waterfront Act. Waterways Regulations 310 CMR 9.00, the Waterways regulations, implementing the provisions of MGL Chapter 91. 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. 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. Water, Wastewater & Wetlands: Waterways
Projects
Public Waterfront Access Showcase How the Chapter 91 program helps create spaces for public enjoyment along Massachusetts waterways. 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. 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. Water, Wastewater & Wetlands: Waterways
Related Links
MassDEP Wetlands Program Approval under the Wetlands Protection Act is required for all projects needing Chapter 91 authorization. Boston Harbor Walk The HarborWalk is a large-scale public access project in Boston's waterfront neighborhoods. 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 Guide to Shoreline Public Access CZM's initiatives for supporting public access to Massachusetts coastal areas. Online Locator of Coastal Public Access Sites CZM's online inventory of coastal beaches, parks, conservation areas and public ways. Local Port Planning CZM's initiative to support environmentally sensitive and economically feasible water-dependent activities in certain municipal harbors in Massachusetts. 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. Massachusetts Fishing & Boating Access Sites Maps and directions for fishing and boating access to rivers, streams, great ponds, and the coast. 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. 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. 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. Massachusetts Association of Harbormasters Local authority under Chapter 91 s. 10A for issuing annual permits and providing local knowledge on boating access. U.S. Army Corps of Engineers Structures that require Chapter 91 authorization often also require federal authorization through the Corps of Engineers. |
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