The Public Waterfront Act

Covering the basic questions Why? Purpose of Act and Regulations Where? Geographic Jurisdiction What? Activities Subject to Jurisdiction How? Application process and

standards When? Apply pre & post construction Who? Program Contact Information

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

water-dependent 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

Chapter 91 Overview

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

publicly owned lands accessible for all lawful purposes

beyond low water (or 100 rods seaward of historic high water)

Private Tidelands 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 See 310 CMR 9.12(2)(a) Require direct access to or location in the water

Nonwater-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)]

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 [310 CMR 9.35 (2)]

Protect Water-Dependent Use [310CMR 9.36]

Meet Engineering Standards [310CMR9.31-40]

In DPA, shall not preempt, disrupt, displace [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 LicensesAt 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 ProgramOne Winter Street, 5th floor Boston MA 02108

Phone: 617-348-4084 Email:

Andrea.Langhauser@state.ma.us