Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 9.00 - WATERWAYS
Section 9.04 - Geographic Areas Subject to Jurisdiction
Universal Citation: 310 MA Code of Regs 310.9
Current through Register 1531, September 27, 2024
The following geographic areas, generally considered "trust lands", are subject to licensing and permitting by the Department under 310 CMR 9.00:
(1) all waterways, including all flowed tidelands and all submerged lands lying below the high water mark of:
(a) Great
Ponds;
(b) the Connecticut
River;
(c) the section of the
Westfield River in the Towns of West Springfield and Agawam lying between the
confluence of said river with the Connecticut River and the bridge across said
river at Suffield Street in said Town of Agawam;
(d) the non-tidal portion of the Merrimack
River; and
(e) any non-tidal river
or stream on which public funds have been expended for stream clearance,
channel improvement, or any form of flood control or prevention work, either
upstream or downstream within the river basin, except for any portion of any
such river or stream which is not normally navigable during any season, by any
vessel including canoe, kayak, raft, or rowboat; the Department may publish,
after opportunity for public review and comment, a list of navigable streams
and rivers; and
(2) all filled tidelands, except for landlocked tidelands, and all filled lands lying below the natural high water mark of Great Ponds.
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