Code of Massachusetts Regulations
301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Title 301 CMR 27.00 - OCEAN SANCTUARIES
Section 27.05 - Prohibited and Allowed Activities
Universal Citation: 301 MA Code of Regs 301.27
Current through Register 1531, September 27, 2024
(1) Prohibited Activities in Ocean Sanctuaries. In all five of the Ocean Sanctuaries, the following Activities are prohibited.
(a) Prohibited unconditionally:
1. Drilling or removal of gases or
oils.
2. Commercial advertising,
where advertising is the primary intent.
3. Incineration of refuse on, or in, vessels.
(b) Prohibited with
exceptions:
1. The dumping or discharge of
commercial, municipal, domestic, or industrial wastes except as allowed in 301
CMR 27.05(2).
2. The drilling or
removal of minerals except as allowed in 301 CMR 27.05(2)(g).
3. The construction or operation of offshore
or floating electric generating stations except as allowed in 301 CMR
27.05(2)(j).
4. The building or
laying of structures on the seabed or subsoil, except as allowed in 301 CMR
27.05(2).
(2) Allowed Activities in Ocean Sanctuaries. The following Activities are allowed, provided they receive all required authorizations:
(a) Transient, vessel-based Activities,
including but not limited to: commercial and recreational fishing, shipping,
fuel transport, passenger transport, recreational boating, wildlife viewing,
scientific research, and U.S. Coast Guard and military operations.
(b) The operation and maintenance of approved
and licensed discharges from existing municipal, commercial, or industrial
facilities but not any change in or extension of associated structures or uses
unless permitted by 301 CMR 27.06.
(c) A new or modified discharge of municipal
wastewater from a publicly owned treatment works as approved by the Department
according to 301 CMR 27.06.
(d)
Discharges from facilities designed to abate existing discharges exclusively
from combined sewer overflows (CSOs) when such facilities are approved by the
Department and when existing discharges from CSOs degrade or threaten to
degrade the designated Ocean Sanctuary.
(e) Discharges from vessels, except sewage,
when allowed in accordance with the appropriate state and/or federal approvals
and licenses.
(f) Dredging for
navigational purposes.
(g) The
extraction of sand and gravel solely for beach nourishment and restoration and
shore protection or as incidental to other allowed and permitted
Activities.
(h) The harvesting and
propagation of fish and shellfish in all forms, so long as the Office and the
Department of Fish and Game are satisfied that the Activities are carried on in
accordance with sound conservation practices designed to maintain, increase, or
restore existing finfish or shellfish stocks by the management of
resources.
(i) Temporary
educational and scientific Activities jointly permitted by appropriate state
agencies.
(j) The construction and
operation of offshore or floating electric generating facilities only if:
1. Such electric generating facilities are
used on an emergency and temporary basis for supply of energy and otherwise
consistent with the Ocean Management Plan; or
2. In areas other than the Cape Cod Ocean
Sanctuary, such electric generating facilities are appropriately-scaled
renewable energy facilities as defined by the Ocean Management Plan, and
provided the renewable energy facility is consistent with the Ocean Management
Plan and
301 CMR
28.00: Ocean Management Plan.
(k) The building or
laying of structures on the seabed or subsoil only if:
1. Such structures are temporary and do not
meet the definition of "structure" at 301 CMR 9.02:
Definitions; or
2.
Except in the Cape Cod Ocean Sanctuary, such structures are associated with the
generation, transmission, and distribution of electric power, including the
construction, reconstruction, operation and maintenance of industrial liquid
coolant discharge and intake systems, unless such structures are otherwise
prohibited by 301 CMR 27.05(1)(b)3.; or
3. Structures associated with the operation
and maintenance of existing municipal, commercial or industrial facilities;
or
4. The laying of cables approved
by the Department of Public Utilities or the Department of Telecommunications
and Cable; or
5. Channel and shore
protection projects; or
6.
Navigational projects and aids; or
7. Other projects authorized under M.G.L. c.
91 and
310 CMR
9.00: Waterways deemed to be of
public necessity and convenience, including but not limited to: natural gas
lines, water mains, and wastewater and stormwater pipes; or
8. Structures associated with the harvesting
and propagation of fish and shellfish in all forms, provided such Activities
are consistent with sound conservation practices as determined by the Office
and the Department of Fish and Game; or
9. Other improvements not specifically
prohibited in 301 CMR 27.06(1) that are consistent with M.G.L. c. 132A,
§§ 12A through 16K and § 18, including maintenance and repair of
existing structures but not any change in or extension of such
structures.
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