Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 9.00 - WATERWAYS
Section 9.15 - Terms
Universal Citation: 310 MA Code of Regs 310.9
Current through Register 1537, December 20, 2024
(1) Term of License
(a) All licenses issued by the Department
shall contain a condition stating the term for which license is in effect, if
any. All licenses shall be in effect for a fixed term not to exceed 30 years,
unless otherwise deemed appropriate by the Department in accordance with 310
CMR 9.15(1)(b) through (d).
(b)
Notwithstanding 310 CMR 9.15(1)(a), the Department may issue a license that
establishes an extended fixed term, in accordance with the following
provisions:
1. said term shall not exceed 65
years for any project or portion thereof which, upon completion, will be
located on flowed tidelands or other waterways, and shall not exceed 99 years
for any project or portion thereof which will be located on filled tidelands or
Great Ponds; in the event the project site includes both flowed and filled
tidelands, the Department may upon request of the applicant establish a single
weighted average term for the entire project, or for a portion thereof as
deemed appropriate by the Department, based on the relative amounts of the
surface area of the flowed and filled tidelands associated therewith;
2. the applicant shall provide justification
that an extended term is warranted given the expected life of the structure,
typical financing requirements, consistency with an Approved Municipal Harbor
Plan, if any, appropriateness of long-term dedication of tidelands to the
proposed use(s) in the particular location, and any other relevant
factors;
3. for projects on
Commonwealth tidelands or Great Ponds, the Department shall conduct a public
hearing and issue written findings concerning the extended term, in accordance
with the provisions of
310 CMR
9.13(3) and
9.14;
4. for projects on Commonwealth tidelands or
Great Ponds held by the Commonwealth, the licensee shall pay an occupation fee
based on an appraisal, in accordance with the provisions of
310 CMR 9.16(3)(b) through
(c); and
5. the Department shall require the licensee
to submit periodic license compliance inspection reports as a condition of the
license for nonwater-dependent use projects, and for other projects as deemed
appropriate by the Department.
(c) The Department shall issue a license for
an unlimited term for any project whose entire control, development, and
operation is undertaken by a public agency for the provision of services
directly to the public (or to another public agency for such provision to the
public) by the public agency, its contractor or agent, unless an unlimited term
is not deemed appropriate by the Department.
(d) Notwithstanding the terms of license
specified in 310 CMR 9.15(1)(b) and (c):
1. in
Designated Port Areas, the term of license for any nonwater-dependent use in a
marine industrial park shall not exceed 65 years; the term of license for any
supporting DPA use shall not exceed 30 years; and the term of license for any
temporary use shall not exceed ten years; and
2. outside of Designated Port Areas, the term
of license for any stationary vessel for uses as described in
310 CMR
9.32(1)(a)6. shall not
exceed 30 years.
(e) The
term of a license may be renewed in accordance with the provisions of
310 CMR
9.25(2).
(2) Term of Permit. Any permit shall be valid for a fixed term not to exceed five years; provided, however, that maintenance dredging may be performed for up to ten years after the permit has been issued, if such terms are so stated in the permit.
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