Transcript Document
The Public Waterfront Act
Covering the basic questions
Why?
Where?
What?
How?
When?
Who?
Purpose of Act and Regulations
Geographic Jurisdiction
Activities Subject to Jurisdiction
Application process and standards
Apply pre & post construction
Program Contact Information
Chapter 91 Overview
Formerly established in 1866
Rooted in the Public Trust Doctrine
Codified in colonial ordinances of 1641-47
Public Has Fundamental Rights in Natural
Resources such as the air, the sea, and the
shore.
The state, as trustee of the public’s rights,
has a duty to preserve these resources and
the public’s right to use them.
Chapter 91 Overview
Purpose of Regulations - 310 CMR 9.00
to ensure tidelands are utilized for waterdependent uses or otherwise serve a
proper public purpose
To protect public health, safety & general
welfare
To revitalize urban waterfront properties
To promote public use and enjoyment of
the water
Geographic Jurisdiction
Flowed Tidelands
Filled Tidelands
Great Ponds
List by County available on line
http://mass.gov/dep/water/resources/research.htm#pond
Navigable Rivers and Streams
Geographic Jurisdiction
Commonwealth Tidelands
Private Tidelands
publicly owned lands accessible for all
lawful purposes
beyond low water (or 100 rods
seaward of historic high water)
Between mean low and high water
Privately owned subject to public
rights to fish, fowl, navigate and
natural derivatives thereof
Landlocked Tidelands
landward of the first public way and
250 feet from high water
Designated Port Areas in the Mystic
3 areas designated
Chelsea Creek
Mystic River
East Boston
DPA Boundary
Follows roads
Includes Charlestown,
East Boston, Chelsea and
Revere
Jurisdiction (Presumed)
Historic Mean High Water
Activities Requiring Review
Construction, maintenance, reconstruction
of unauthorized fill or structures
Existing or proposed use
Existing or proposed structure or fill
Change in Use or Structural Alteration
Permit for dredge, beach nourishment and
lowering of Great Pond water level
Public Participation in the
Application Process
Landowner/Applicant submits completed application and
plan to DEP Office
Notice is published & distributed to required parties
Public comments in 30-day comment period
Applicant submits response to comments
Draft decision distributed to those who request
May appeal within 21 day appeal period
License recorded at the Registry of Deeds
At completion, Certificate of Compliance required
Approximate # of Days = 150-250 days
Determination of Water-Dependency
Water Dependent Use
[310 CMR 9.12(2)(e)]
Does not require direct access to or location in the water
Water Dependent Industrial Use [9.12.(2)(b) and (c)]
Require direct access to or location in the water
Nonwater-Dependent Use
See 310 CMR 9.12(2)(a)
Requires direct access to or location in the water
Industrial and heavy commercial uses
List of specific uses in the regulations
Other – Accessory, Temporary, Supporting DPA Use
Water Dependent Uses
Non- Water-Dependent Uses
Performance Standards:
Preserve Public Rights
Protect Water-Dependent Use
Meet Engineering Standards
In DPA, shall not preempt, disrupt, displace
[310 CMR 9.35 (2)]
[310CMR 9.36]
[310CMR9.31-40]
[310 CMR 9.36(3),(4),& (5)]
Nonwater-Dependent Use Standards [310 CMR
9.51-54]
No private uses over water or on ground floor
within 100 feet of shore
Building setback from shore and height limitations
1:1 ratio of Open space to building footprint
Public pedestrian access network
Water-based public facility
Activate Commonwealth Tidelands
MassDEP Chapter 91 Waterways Licenses
At Confluence of Mystic and Malden Rivers
13 Waterways Licenses Issued in the area
4 Offices, 2 shopping centers
2 yacht clubs, school, radio station
More Greenway created through chapter 91
licensing requirements
46 acres of filled tidelands turned into waterfront
parkland
Waterfront walkways link existing development
sites together
public parking provided at private developments
for park use
landscaping include trees, benches, lighting and
clear signage
Public: Private Partnerships establish long lasting
maintenance commitments
Existing Mass DCR parkland linked together
through private tideland development
Private developers provided park easements to the
Mass DCR
Private developers maintain park features
throughout term of the c91 license
Recreational Boating is celebrated and encouraged
Tufts Boathouse re-introduces rowing to the
Malden River
Three existing Yacht Clubs
Public boat ramps provided and maintained by
private licensees
Canoe Launches on Malden and Mystic Rivers
Removed 2 sunken barges and debris to improve
navigation and wetland health
Thanks for coming!
Andrea Langhauser
MassDEP Waterways
Regulation Program
One Winter Street, 5th floor
Boston MA 02108
Phone: 617-348-4084
Email:
[email protected]