(1)
Designation of Waters. An area of water reviewed under
301 CMR
25.00 shall be included or remain in a DPA if and only
if CZM finds that the area is in substantial conformance with the following
criteria governing suitability to accommodate water-dependent industrial use,
as appropriate to the harbor in question:
(a)
the water area must include, or be contiguous with, other DPA waters that
include:
1. a navigable entrance or main
channel with a design depth of at least 20 feet; and
2. a shoreline that has been substantially
developed with piers, wharves, bulkheads, or other structures that establish a
functional connection with a land area meeting the criteria set forth in 301
CMR 25.04(2); and
(b)
the water area must be of a configuration, size, and location appropriate for
the maneuvering or berthing of vessels, the placement of intake/outfall
structures, or other activities involving direct utilization of the water; at a
minimum, the DPA shall include:
1. all
channels (including sloped sides necessary to create actual depth) and mooring
and turnaround areas within or serving as access channels to land or water
areas meeting the designation standards of 301 CMR 25.04; and
2. any water area lying between an entrance
or main channel and any land or water areas meeting the designation standards
of 301 CMR 25.04, extending channelward from such areas.
(2)
Designation of
Lands. An area of land reviewed under
301 CMR
25.00 shall be included or remain in a DPA if and only
if CZM finds that the area is in substantial conformance with the following
criteria governing suitability to accommodate Water-dependent Industrial Use,
as appropriate to the harbor in question:
(a)
the land area must include, or be contiguous with other DPA lands that include,
a shoreline that has been substantially developed with piers, wharves,
bulkheads, or other structures that establish a functional connection with a
water area meeting the criteria set forth in 301 CMR 25.04(1);
(b) the land area must lie in reasonable
proximity to:
1. established road or rail
links leading to major trunk or arterial routes; and
2. water and sewer facilities capable of
supporting general industrial use;
(c) the land area must exhibit a topography
that is generally conducive to industrial use, or reasonably capable of
becoming so in terms of technology, cost, and other appropriate factors
governing engineering feasibility; and
(d) the land area must exhibit a use
character that is predominately industrial or reasonably capable of becoming so
because it does not contain a dense concentration of:
1. non-industrial buildings that cannot be
removed or converted, with relative ease, to industrial use; or
2. residential, commercial, recreational, or
other uses that unavoidably would be destabilized if commingled with industrial
activity.
(3)
Commentary. As a general rule, CZM intends to apply
the foregoing suitability criteria in the context of groups of parcels that
form coherent planning units, rather than to individual project sites or other
properties under common ownership or control. DPA-related attributes typically
vary across different parcels, such that the combined characteristics of
associated parcels in the same general vicinity are not reflected accurately in
the characteristics of any single property. For this reason, it is important
that geographic areas subject to review be sized and configured in a manner
that allows consideration of all relevant factors affecting overall suitability
to accommodate Water-dependent Industrial Use.
