Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 9.00 - WATERWAYS
Section 9.05 - Activities Subject to Jurisdiction

Universal Citation: 310 MA Code of Regs 310.9

Current through Register 1531, September 27, 2024

(1) Activities Requiring a License Application. Except as provided in 310 CMR 9.05(3), an application for license or license amendment shall be submitted to the Department for the following activities involving work on or use of fill or structures:

(a) any construction, placement, excavation, addition, improvement, maintenance, repair, replacement, reconstruction, demolition or removal of any fill or structures, not previously authorized, or for which a previous grant or license is not presently valid.

(b) any existing or proposed use of any fill or structures not previously authorized, or for which a previous grant or license is not presently valid;

(c) any structural alteration of fill or structures from the specifications contained in a valid grant or license, whether such authorization was obtained prior to or after January 1, 1984;

(d) any change in use of fill or structures from that expressly authorized in a valid grant or license or, if no such use statement was included, from that reasonably determined by the Department to be implicit therein, whether such authorization was obtained prior to or after January 1, 1984.

(2) Activities Requiring a Permit Application. Except as provided in 310 CMR 9.05(3), an application for a permit or permit amendment shall be submitted to the Department for the following activities unless the applicant includes such activities in a license application:

(a) any beach nourishment;

(b) any dredging;

(c) any disposal involving the subaqueous placement of unconsolidated material below the low water mark;

(d) any burning of rubbish or other material upon the water, in accordance with M.G.L. c. 91, § 52;

(e) any lowering of the water level of a Great Pond, except a body of water used for agriculture, manufacturing, mercantile, irrigation, insect control purposes, or for flowing cranberry bogs, or for public water supply, in accordance with M.G.L. c. 91, § 19A;

(f) any structure and associated use with the potential to impair the public's rights in tidelands which is intended to remain in place on a temporary basis not to exceed six months, provided said structure and use otherwise meet the applicable substantive standards found at 310 CMR 9.31 through 9.60; and

(g) any structure and associated use with the potential to impair the public's rights in tidelands for the purpose of conducting a Test Project for Innovative Technology, provided said structure and use meet the applicable substantive standards found at 310 CMR 9.30.

(3) Activities Not Requiring a License or Permit. Notwithstanding the provisions of 310 CMR 9.05(1) through (2), no license or permit is required for:

(a) maintenance, repair, and minor modifications, as described in 310 CMR 9.22, of fill or structures for which a grant or license is presently valid, or which is exempt from licensing pursuant to 310 CMR 9.05(3)(b) through (h);

(b) continuation of any existing, unauthorized use or structure located on private tidelands lawfully filled in accordance with a license or grant, provided that no unauthorized structural alteration or change in use has occurred on such tidelands subsequent to January 1, 1984 or in violation of an express condition of said license or grant;

(c) continuation of any existing, unauthorized public service project, provided that no unauthorized structural alteration or change in use has occurred subsequent to January 1, 1984, unless the Department determines, upon notice and opportunity for public comment, that licensing is essential to prevent significant harm to an overriding water-related public interest;

(d) continuation in use of any unauthorized Massport project existing as of the effective date of 310 CMR 9.00, and for which no unauthorized structural alteration or change of use has occurred since that date, provided said project:
1.includes water-dependent industrial activities; or

2.is any other project for which a final EIR was certified as adequately and properly complying with M.G.L. c. 30, §§ 61 through 62H, prior to January 1, 1984; unless the Department determines, upon written notice and opportunity for public comment, that licensing is essential to prevent significant harm to an overriding water-related public interest;

(e) continuation in the use of existing, unauthorized water-dependent structures that are accessory to a single-family residence, in accordance with the provisions of 310 CMR 9.28;

(f) continuation of any existing, unauthorized use of fill or structures constructed prior to 1939 on any non-tidal river or stream subject to jurisdiction under 310 CMR 9.04(1)(e), provided that no unauthorized structural alteration or change in use has occurred subsequent to January 1, 1984;

(g) placement in a non-tidal river or stream subject to jurisdiction under 310 CMR 9.04(1)(e) of fill or structures for which a final Order of Conditions has been issued under M.G.L. c. 131, § 40 and 310 CMR 10.00: Wetlands Protection, and which does not reduce the space available for navigation; such fill or structures are limited to:
1.overhead wires, conduits, or cables to be attached to an existing bridge, without substantial alteration thereof, or constructed and maintained in accordance with the National Electrical Safety Code;

2.fish ladders, fishways, and other devices which allow or assist fish to pass by a dam or other obstruction in the waterway;

3.pipelines, cables, conduits, sewers, and aqueducts entirely embedded in the soil beneath such river or stream; and

4.bulkheads, revetments, headwalls, storm drainage outfalls, and similar structures which do not extend into such river or stream, except as may be necessary for bank stabilization;

(h) reconfiguration of licensed docking facilities in a marina, in accordance with the provisions of 310 CMR 9.39(1)(b);

(i) any change in use of berths for recreational vessels from seasonal or transient occupancy to long-term exclusive occupancy in accordance with a contract or other agreement, provided that the lease agreement, master lease agreement, or notice thereof for such berths was filed at the Registry of Deeds prior to July 6, 1990, in which event no application for a license or license amendment is required for any change in use of any berth subject to such agreement for long-term exclusive occupancy;

(j) emergency action, in accordance with the provisions of 310 CMR 9.20;

(k) removal of fill or structures in accordance with the provisions of 310 CMR 9.08 or 310 CMR 9.27;

(l) activities subject to annual permit by the harbormaster, other designated local official, or local permitting program, in accordance with the provisions of 310 CMR 9.07;

(m) demolition or removal of any unauthorized structures or fill in order to facilitate water-dependent use provided prior written approval is obtained from the Department, which, at the discretion of the Department may include prior public notice and comment;

(4) Activities Eligible for General License Coverage. Activities eligible for Certification and subject to coverage under the General License pursuant to the provisions of 310 CMR 9.29.

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