Permit Fact Sheet
What is the purpose of this determination?
This is a determination as to whether a Waterways license or other authorization is required for a project under 310 CMR 9.00, the regulations which implement MGL Chapter 91, the Public Waterfront Act. Authorization must be obtained for the placement of structures and fill, changes in use of existing licensed structures and fill, and dredging in current and certain former state waterways, as required under 310 CMR 9.02-9.05.
It is not necessary to file a Request for Determination of Applicability. See Question #2.
Who must apply?
This determination is intended to answer with certainty whether a Waterways license or other authorization is required. It is not required that any person potentially subject to the provisions of Chapter 91 apply for a Determination of Applicability. However, if your project (existing or proposed) requires a Waterways license or other authorization, but you fail to obtain one, you may be subject to penalties and/or removal of the project. If a completed Request for Determination of Applicability is filed, the Department of Environmental Protection will issue a Determination of Applicability, which can be recorded with the land owner’s property deed.
What other requirements should be considered when applying for this permit?
Note: Projects of this type may require MEPA review. Please carefully examine 301 CMR 11.00, the MEPA Regulation, to determine if your project exceeds the MEPA review thresholds, or for more information contact the MEPA Unit of the Executive Office of Environmental Affairs (617-626-1020). MassDEP cannot begin technical review of the permit application until the MEPA process has been completed, unless otherwise agreed to in writing. Copies of MEPA filings (with reference to any applicable Transmittal numbers) should be sent to the appropriate program offices in Boston and the MEPA Coordinator in the appropriate Regional Office.
What is the application fee?
What is the Primary Permit Location? What is the Reserve Copy Location?
Primary Permit Location:
Department of Environmental Protection
Waterways Regulation Program
1 Winter Street
Boston, MA 02108
Reserve Copy Location:
At the same time, you must send copies of this same material to all persons identified in 310 CMR 9.13(1)(a).
- Where can I get a copy of the timelines?
See: Permit Application Timelines and Fees Schedule
What is the annual compliance fee?
There is no annual compliance fee.
How long is this determination in effect?
There is no period of time specified for the validity of a Determination of Applicability. Under 310 CMR 9.06, the Determination can effectively expire if circumstances affecting the site location, activity occurring on the site, to the Waterways regulations themselves should change. Otherwise, the Determination would remain valid indefinitely.
How can I avoid the most common mistakes made in applying for this permit?
a. Follow the plan specification in the application form.
b. Submit fee and one copy of the Transmittal Form & Number for Permit Application & Payment to:
Department of Environmental Protection
P. O. Box 4062
Boston, MA 02211
What are the regulations that apply to this permit? Where can I get copies?
These regulations include, but are not limited to:
- Wetlands Regulations, 310 CMR 10.00.
- Timely Action Schedule and Fee Provisions, 310 CMR 4.00.
- Administrative Penalties Regulations, 310 CMR 5.00.
These may be purchased online, in person, or by mail at the Massachusetts State Bookstore .
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