Regulation  310 CMR 9.00: The Massachusetts Waterways Regulation

Date:	01/05/2024
Organization:	Massachusetts Department of Environmental Protection
Regulatory Authority:	MGL Chapter 91, Sections 1 through 63 MGL Chapter 21A, Sections 2, 4, 8, and 14
Official Version:	Massachusetts State Bookstore

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. 

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.

Mass Leads Act

Report on Removal of 173 Alford Street Parcel from Mystic River Designated Port Area
Pursuant to Section 295 of Chapter 238 of the Acts of 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 added Office Hour Sessions for stakeholder Q&A and extended the Public Comment period from March 1 to April 30, 2024.

FEBRUARY 2025 UPDATE: The proposed draft Wetlands and Waterways Regulations and the Stormwater Handbook are moving forward, with an expectation to promulgate Final Regulations this spring. MassDEP will update this webpage periodically. Thank you for your interest.

Public Notice: English | Español | 中文 | 中文(繁體) | Kreyòl Ayisyen | ភាសាខ្មែរ | Português | Tiếng 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: Waterways (Chapter 91) Resilience 1.0 Regulation Updates.

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 held a public comment period from March 1 to April 30, 2024 – a 60-day extension. Formal written comments on the draft regulations were accepted until 5:00 PM on April 30, 2024. 

• Public comments on the proposed revisions to the Waterways regulations

Wetlands and Waterways Resilience Regulations “Office Hours” Schedule

MassDEP conducted 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 were encouraged to submit questions about the Wetlands/401WQC regulations, Stormwater Handbook, and/or Waterways regulations in advance of the session(s).

• Important: Questions submitted for an office hours session do not constitute a formal public comment.
• Office Hours #1: Monday February 26, 2024 at 1:00 PM. Office Hours #1 Agenda
• Office Hours #2: Thursday March 14, 2024 at 1:30 PM. Office Hours #2 Agenda
• Office Hours #3: Wednesday April 3, 2024 at 1:30 PM. Office Hours #3 Agenda 

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 

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.

• YouTube video of the Stakeholder Meeting on February 9, 2022
• Slide Presentation from the Feb. 9, 2022 Stakeholder Meeting
• Chapter 91 Resiliency Stakeholder Comments

Chapter 91 Municipal Harbor Planning Proposed Amendments (May 2021)

Public Hearings

YouTube video of Public Hearing #1 held on June 8, 2021

YouTube video of Public Hearing #2 held on June 8, 2021

YouTube video of Public Hearing #3 held on July 27, 2021

YouTube video of Public Hearing #4 held on July 27, 2021

Public Comments Received

Public-comment letters received on proposed amendments to 310 CMR 9.00

Form-letter public comments received on proposed amendments to 310 CMR 9.00

Public comments received via email on proposed amendments to 310 CMR 9.00

Municipal Harbor Plans petition with signatures

Public Hearing Notices and Materials

310 CMR 9.00 Public Hearing Notice (June 25, 2021)

310 CMR 9.00: Public Hearing Notice (May 14, 2021)

310 CMR 9.00: Summary of Draft Regulations

310 CMR 9.00: Redline Version

310 CMR 9.00: Redline Version Changes Only