Regulation  314 CMR 9: 401 Water Quality Certification

Date:	10/24/2014
Organization:	Massachusetts Department of Environmental Protection
Regulatory Authority:	MGL Chapter 21, Sections 26 -53 MGL Chapter 21A, Section 14 MGL Chapter 21C MGL Chapter 21E MGL Chapter 21H MGL Chapter 91, Sections 52 - 56 MGL Chapter 111, Sections 150A - 150A-1/2
Official Version:	Massachusetts State Bookstore

These regulations establish permitting requirements for dredging projects, as required by Section 401 of the federal Clean Water Act.

Current Regulations

These regulations, 314 CMR 9.00, became effective as of October 24, 2014. 

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

Proposed 401 Water Quality Certification Regulations – Resilience 1.0

MassDEP is proposing revisions to the Wetlands regulations and corresponding revisions to the 401WQC 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.

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 three virtual public information sessions:

• Thursday, January 18, 2024 at 1:00 PM. Recording available on YouTube.
• Thursday, January 18, 2024 at 6:00 PM. Recording available on YouTube.
• Tuesday, January 23, 2024 at 1:00 PM. Recording available on YouTube.
• Presentations available here: Stormwater | Coastal

MassDEP conducted three virtual public hearings:

• Wednesday, January 31, 2024 at 1:00 PM. Recording available on YouTube.
• Wednesday, January 31, 2024 at 6:00 PM. Recording available on YouTube.
• Thursday, February 1, 2024 at 1:00 PM. 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 Wetlands and 401 WQC regulations

See also: MassDEP Public Hearings & Comment Opportunities

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.  Public comments must be submitted according the instructions in the section above.
• 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

• 314 CMR 9.00 Proposed Revisions - Clean
• 314 CMR 9.00 Proposed Revisions - Redline/Strikeout
• See also: 310 CMR 10.00 Wetlands Protection Act Regulations

Notice to Reviewers

Public Summary

Stormwater Management Handbook

Stormwater Management Handbook Appendix A Redline

Memo on NOAA14 PLUS

Memo on Recharge Rationale

Scenario Analysis Update 2021

MassDEP WPA Regs Handout 1 LSCSF Zones

MassDEP WPA Regs Handout 2 Performance Stnd Comparison

MassDEP WPA Regs Handout 3 Flow Path Analysis

Recently Promulgated Amendments

There have been no recent amendments to these regulations.