310 CMR 9.00: Current Regulations

  • 310 CMR 9.00: Waterways Regulations  pdf format of 310 CMR 9.00: Waterways Regulations

    These regulations were last amended in May 2014.

  • 310 CMR 9.00 - Sections

    9.01: Authority and Purpose
    9.02: Definitions
    9.03: Scope of Jurisdiction
    9.04: Geographic Areas Subject to Jurisdiction
    9.05: Activities Subject to Jurisdiction
    9.06: Requests for Determination of Applicability
    9.07: Activities Subject to Annual Permit
    9.08: Enforcement
    9.09: Effective Date and Severability
    9.10: Simplified Procedures for Small Structures Accessory to Residences
    9.11: Application Requirements
    9.12: Determination of Water-Dependency
    9.13: Public Notice and Participation Requirements
    9.14: Decision on License and Permit Applications
    9.15: Terms
    9.16: Fees
    9.17: Appeals
    9.18: Recording
    9.19: Certificate of Compliance
    9.20: Authorization of Emergency Actions
    9.21: Variances
    9.22: Maintenance, Repair, and Minor Project Modifications
    9.23: Transfer of License Upon Change of Ownership
    9.24: Amendments
    9.25: Expiration and Renewal
    9.26: Revocation and Nullification
    9.27: Removal of Previously Licensed Structures
    9.28: Amnesty
    9.29: General License Certification
    9.30: Permitting of Test Projects
    9.31: Summary of License and Permit Requirements
    9.32: Categorical Restrictions on Fill and Structures
    9.33: Environmental Protection Standards
    9.34: Conformance with Municipal Zoning Law and Harbor Plans
    9.35: Standards to Preserve Water-Related Public Rights
    9.36: Standards to Protect Water-Dependent Uses
    9.37: Engineering and Construction Standards
    9.38: Use Standards for Recreational Boating Facilities
    9.39: Standards for Marinas/Boatyards/Boat Ramps
    9.40: Standards for Dredging and Dredged Material Disposal
    9.51: Conservation of Capacity for Water-Dependent Use
    9.52: Utilization of Shoreline for Water-Dependent Purposes
    9.53: Activation of Commonwealth Tidelands for Public Use
    9.54: Consistency with Coastal Zone Management Policies
    9.55: Standards for Nonwater-Dependent Infrastructure Facilities

  • 301 CMR 13.00: Public Benefit Determination links to PDF file

    This regulation provides the process by which the Secretary of Energy & Environmental Affairs issues a public benefit determination for projects and uses in landlocked tidelands.

310 CMR 9.00: Proposed Amendments & Public Comment

  • Draft Small Dock and Pier General License

    Draft Small Dock and Pier General License for Coastal Structures  pdf format of Draft Small Dock and Pier General License

    Draft Small Dock and Pier General License for Inland Structures  pdf format of Draft General License for Inland Structures

    Response to Comments - General License  pdf format of Response to Comments - General License

    Notice of Appeal Rights - Small Dock and Pier General License  pdf format of Notice of Appeal Rights - General License

    The Legislature amended M.G.L Chapter 91 in 2011 with the new Section 18C allowing MassDEP to create the General License for non-commercial, water-dependent, small scale docks, piers and similar structures. MassDEP amended waterways regulations in spring 2014, creating eligibility criteria, general performance standards, and procedures for certification and renewal. The new certification process streamlines state review and eliminates Governor signature of individual licenses. The review process and public comment period allowed for the division of the General License into two separate licenses for Coastal and Inland Structures. These two licenses will be issued once the twenty-one (21) day appeal period ends and upon signature of the Governor. The licenses will then be recorded at all of the Registries in the Commonwealth, and the Department's Certification of an applicant's eligibility shall also be recorded against the title of the property on which the authorized structure is located.

310 CMR 9.00: Recently Promulgated Amendments

  • There have been no recent amendments to these regulations.