(1) All fill
and structures shall be designed and constructed in a manner that:
(a) is structurally sound, as certified by a
Registered Professional Engineer;
(b) complies with applicable state
requirements for construction in flood plains, in accordance with the State
Building Code, 780 CMR and as hereafter may be amended, and will not pose an
unreasonable threat to navigation, public health or safety, or adjacent
buildings or structures, if damaged or destroyed in a storm; and
(c) does not unreasonably restrict the
ability to dredge any channels.
(2) In the case of a project within a flood
zone, the project shall comply with the following requirements:
(a) In coastal high hazard areas as defined
in
310 CMR 9.02, new or
expanded buildings for residential use shall not be located seaward of the high
water mark.
(b) New buildings for
nonwater-dependent use intended for human occupancy shall be designed and
constructed to:
1. withstand the wind and wave
forces associated with the statistical 100-year frequency storm event;
and
2. incorporate projected sea
level rise during the design life of the buildings; at a minimum, such
projections shall be based on historical rates of increase in sea level in New
England coastal areas.
(3) Projects with coastal or shoreline
engineering structures shall comply with the following:
(a) any seawall, bulkhead, or revetment shall
be located landward of the high water mark unless it must lie below the high
water mark to permit proper tieback placement, to obtain a stable slope on bank
areas, or to be compatible with abutting seawalls, bulkheads, or revetments in
terms of design, size, function, and materials, or unless it is associated with
new fill permitted according to the provisions of
310 CMR
9.32;
(b) any breakwater or similar structure
designed to dissipate or otherwise reduce wave energy or to interfere with
current flow shall not:
1. cause or contribute
to water stagnancy;
2. reduce the
ability of adjacent water bodies to flush adequately; or
3. cause or contribute to sedimentation
problems in adjacent or nearby navigation channels, anchorages, or wetland
resource areas, or cause increased erosion to inland or coastal beaches, banks,
or other wetland resource areas;
(c) in evaluating coastal or shoreline
engineering structures, the Department shall require non-structural
alternatives where feasible;
(d)
the Department shall evaluate coastal or shoreline engineering structures for
compatibility with abutting coastal or shoreline engineering structures in
terms of design, size, function, and materials;
(e) if the Department finds significant
adverse effects on the project site or adjacent or downcoast and downstream
areas after construction of any coastal or shoreline engineering structure, the
Department may, after an opportunity for a hearing, require modification of
said structure the cost of which may not exceed 25% of the replacement cost of
said structure, or may require the removal of said structure; 310 CMR
9.37(3)(e) shall be specifically stated in the license.
(4) Pipelines and conduits and their valves
and protrusions shall be buried so that they will not present a hazard to
navigation; will be adequately protected from scouring; will not be uncovered
by sediment transport; and will not present a hazard or obstruction to fishing
gear. Bottom contours shall be restored after burial. Pipelines carrying
hazardous substances (e.g., oil) shall also be protected from
anchor dragging and fish trawls. When the burial of pipelines, conduits,
valves, and protrusions is not feasible, equivalent protection shall be
provided by shrouding or other means.
