Regulation

Regulation  310 CMR 9.00: The Massachusetts Waterways Regulation

These regulations protect the public's right to access the state's tidelands and waterways. They also regulate the kinds of activities that can take place on coastal and inland waterways. 

Contact   for 310 CMR 9.00: The Massachusetts Waterways Regulation

MassDEP Waterways Program

Table of Contents

Current Regulations

These regulations, 310 CMR 9.00, became effective as of January 5, 2024.

Note: This is an unofficial version of Commonwealth regulations and is posted here for the convenience of the public. It is not an official statement of the regulations.

Recently Promulgated Amendments

Amendments to 310 CMR 9.00 were promulgated in January 2024.

Proposed Amendments & Public Comment

Waterways (Chapter 91) Resilience 1.0 Draft Regulations

MassDEP is proposing revisions to the Waterways regulations to improve the Commonwealth's resilience to impacts of climate change. Following Information Sessions and Public Hearings, MassDEP has added Office Hour Sessions for stakeholder Q&A and extended the Public Comment period from March 1 to April 30. 

Public Notice: English | Español中文中文(繁體)Kreyòl Ayisyenភាសាខ្មែរ PortuguêsTiếng Việt

Revised Public Notice: English | Español | 中文 | 中文(繁體) | Kreyòl Ayisyen | ភាសាខ្មែរ | Português | Tiếng Việt

Public Information Sessions and Public Hearings

MassDEP conducted two public information sessions:

  • Wednesday, January 17, 2024 at 1:00 p.m. Recording available on YouTube.
  • Wednesday, January 17, 2024 at 6:00 p.m. Recording available on YouTube.
  • Presentation available here.

MassDEP conducted two public hearings: 

  • Thursday, January 25, 2024 at 1:00 p.m. Recording available on YouTube.
  • Thursday, January 25, 2024 at 6:00 p.m. Recording available on YouTube.

Public Comment Period and How to Submit Public Comments

MassDEP has extended the public comment period from March 1 to April 30, 2024 – a 60-day extension and will hold informal “office hours” sessions for stakeholder question and answer (see below for schedule and further details). (The comment period extension will be formally noticed in the Massachusetts Register and in newspapers.) Formal written comments on the draft regulations will be accepted until 5:00 PM on April 30, 2024. The Department encourages electronic submission by email to dep.waterways@mass.gov and must include Waterways Resilience Comments in the subject line.  In lieu of electronic submittal, paper comments may be mailed to:

MassDEP - BWR Waterways Program
Attention: Waterways Resilience Comments
100 Cambridge Street, 9th Floor
Boston, MA 02114

See also: MassDEP Public Hearings & Comment Opportunities

Wetlands and Waterways Resilience Regulations “Office Hours” Schedule

MassDEP will conduct three virtual office hours sessions. These informal Q&A sessions are an opportunity for the public to better understand the proposed revisions and to help develop their formal comments. Stakeholders are encouraged to submit questions about the Wetlands/401WQC regulations, Stormwater Handbook, and/or Waterways regulations in advance of the session(s) you plan to attend. Please note:

  • Questions submitted in advance (preferably at least one week) of an Office Hours session will be prioritized. “Live” questions will be considered, as time permits.
  • MassDEP may choose not to address questions at these sessions if not received sufficiently in advance or if the question requires extensive evaluation.
  • Please refrain from asking site-specific questions related to projects you may be involved in.
  • To submit questions in advance for office hours, please use this form: https://massgov.formstack.com/forms/officehours_wetlands_wqc_waterways
  • Important: Questions submitted for an office hours session do not constitute a formal public comment.  Public comments must be submitted according the instructions in the section above.

All sessions will be conducted virtually via Zoom, agendas to follow. Register in advance; after registering, you will receive a confirmation email containing information about joining the meeting:

Proposed Revisions

310 CMR 9.00: Resilience Proposed Amendments - Redline

310 CMR 9.00: Resilience Proposed Amendments - Clean

Public Summary - 310 CMR 9.00 (Resilience)

Amendments to Related Regulations

Draft Wetland Regulations - 310 CMR 10.00

Draft Water Quality Certification Regulations - 314 CMR 9.00

For information about opportunities for public comment, please go to MassDEP Public Hearings & Comment Opportunities | Mass.gov

 

Waterways (Chapter 91) Chelsea Municipal Harbor Plan Draft Regulations

MassDEP is proposing amendments that would add to the list of MassDEP “Approved Municipal Harbor Plans” (MHP) at 310 CMR 9.57, including the substitute provisions stipulated in the Chelsea Municipal Harbor Plan and Designated Port Area Master Plan, April 1, 2022.

Proposed Revisions

310 CMR 9.00 Proposed Revisions: Redline-Strikeout

310 CMR 9.00 Proposed Revisions: Clean

Background Documents: Decision on Chelsea MHP and DPA Master Plan

Chapter 91 Resiliency Stakeholder Outreach (February 2022)

The Massachusetts Department of Environmental Protection (MassDEP) implements Chapter 91 Waterways Regulations (310 CMR 9.00), which govern structures, fill, and uses in jurisdictional tidelands, great ponds and non-tidal rivers and streams.

MassDEP is considering regulatory revisions in response to the effects of a changing climate, including sea level rise, increased precipitation, and intensifying storms. The Department has invited a wide range of stakeholders to participate in a stakeholder advisory panel to inform MassDEP’s proposed resilience-focused regulatory updates.

The advisory panel will bring together key stakeholders and subject matter experts to provide input as MassDEP develops policy and regulatory updates. The Department anticipates convening the stakeholder advisory panel in a meeting to focus on specific, near-term provisions under consideration, as well as a scoping discussion to identify broader, longer-term issues. 

We expect to cover near-term issues in a single session, after which MassDEP will prepare and file Draft Regulations later this fall. Depending on the nature of the comments received during the meeting of the advisory panel or through the public comment period of the draft regulations, we will consider a second round of meetings later in 2022, to focus on longer-term challenges. Advisory panel meetings will be conducted virtually and are open to all interested parties and members of the public.

The Department held a virtual public stakeholder meeting Wednesday February 9, 2022.

Chapter 91 Municipal Harbor Planning Proposed Amendments (May 2021)

Downloads   for 310 CMR 9.00: The Massachusetts Waterways Regulation

Contact   for 310 CMR 9.00: The Massachusetts Waterways Regulation

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