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. 

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MassDEP Waterways Program

Current Regulations

These regulations, 310 CMR 9.00, became effective as of March 10, 2017.

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.

Proposed Amendments & Public Comment

There are no proposed regulations out for public comment at this time.

Recently Promulgated Amendments

Effective March 10, 2017, the Massachusetts Department of Environmental Protection (MassDEP) and the Massachusetts Office of Coastal Zone Management have promulgated revisions to the Waterways Regulations, the Designated Port Area (DPA) Regulations and the Municipal Harbor Plan (MHP) Regulations at 310 CMR 9.00, 301 CMR 25.00 and 301 CMR 23.00 respectively.

The changes to the Waterways Regulations are intended to promote and provide greater flexibility for creating public access options to the waterfront in addition to FPAs. MassDEP has created a new category called Facilities of Limited Accommodation (FLAs) that are described in the FLA Regulation Summary below.  Revisions to the Waterways Regulations can be found in 310 CMR 9.52, 9.53 and 9.56 and the definition section at 9.02. 

The DPA regulations promote waterborne commerce and marine industrial use.  The changes to the DPA and MHP regulations are intended to reduce regulatory provisions and increase the flexibility provided to municipalities and businesses, by allowing for new and expanded economic development opportunities while ensuring the protection of current and future marine industrial opportunities in selected areas within DPAs.

FLA Regulation Summary

DPA Regulation Summary 

Go to the Massachusetts Office of Coastal Zone Management website to see the Designated Port Area and Municipal Harbor Plan Regulations.

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