Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 9.00 - WATERWAYS
Section 9.39 - Standards for Marinas, Boatyards, and Boat Ramps

Universal Citation: 310 MA Code of Regs 310.9

Current through Register 1531, September 27, 2024

(1) Marinas.

(a) Design Standards for Marinas. Any project that includes a new marina, or any expansion thereof to ten or more berths greater than the number of berths existing on the effective date of 310 CMR 9.00, shall comply with the following design requirements:
1. all docking facilities, including passageways, shall be certified to be structurally sound by a registered professional engineer;

2. safe and unobstructed navigational ingress and egress to docking facilities shall be provided;

3. sanitary facilities shall be provided, including:
a. an adequate number of restrooms and refuse receptacles appropriate for the number of berths at the marina; in general, there should be one toilet fixture per sex for every 50 berths, and refuse receptacles at every gangway and restroom area; and

b. sewage pumpout facilities shall be provided as appropriate based on the number of berths and type of vessels at the marina, the availability of such facilities nearby, and environmental considerations including the water circulation patterns of the waterway and the proximity of shellfish resources; in general, there should be a sewage pumpout facility for marinas with more than 50 berths, or as otherwise specified in an Approved Municipal Harbor Plan; documentation shall be provided showing compliance with local, state, and federal requirements for said facilities;

4. any utility services provided at the marina shall be constructed and maintained in compliance with all applicable local and state requirements;

5. all lighting at the marina shall be designed to minimize interference with navigation by reflection, glare, or interference with aids to navigation;

6. if the applicant proposes to provide facilities for storage, pumping or conveyance of petroleum fuels, the following information shall also be provided:
a. a detailed description and site location plan for marine related facilities necessary for the pumping, conveyance and storage of any petroleum products;

b. a list of methods and equipment to be used for containment and clean-up of any petroleum fuels accidentally discharged into the water, including minor spills during routine operations; and a detailed contingency plan for major spills;

c. documentation showing compliance with applicable local, state and federal requirements for said facilities.

(b) Reconfiguration of Docking Facilities in a Marina. In a license or license amendment, the Department may delineate a zone within a marina for purposes of future reconfiguration of existing, licensed docking facilities, including pile-held or bottom-anchored floating walkways and finger piers, floats, and mooring piles. Such reconfiguration may proceed upon written approval by the Department, but without further licensing action if:
1. the licensee submits to the Department a written request and plan for reconfiguration which does not extend beyond the delineated zone, and which does not result in an increase in the area of waterway occupied from that which was originally licensed;

2. the licensee submits to the Department a statement affirming that the material submitted to the Department under 310 CMR 9.39(1)(b)1. has, at the time of such submittal, also been sent to the harbormaster of the affected municipality or, if the municipality has no harbormaster, to the municipal official, and that said harbormaster or municipal official has been informed that he has 30 days to register any objections to the proposed reconfiguration plan with the Department;

3. all other applicable permits have been obtained, including any required approval under M.G.L. c. 131, § 40 and 310 CMR 10.00: Wetlands Protection.

The Department shall act upon any such request within 60 days of receipt.

(2) Boatyards.

(a) The license application for any boatyard or expansion thereof shall indicate on the license plan that the following facilities and information will be provided:
1. adequate oil, grease, sediment, and paint traps and other appropriate measures used to contain by-products of boat service, repair and construction to prevent them from discharging into the adjacent waterway;

2. boat out-hauling and launching facilities which have been certified as structurally sound by a registered professional engineer; and

3. documentation showing compliance with applicable local, state and federal requirements for the use and storage of hazardous materials.

(b) Recreational berths may be licensed in connection with a Boatyard in Designated Port Area in compliance with a MHP/DPA Master Plan, and in accordance with 310 CMR 9.32(1)(b)2., and the following:
1. the number of berths shall be commensurate in scale with the operation of the boatyard;

2. the berths may be licensed in connection with an active Boatyard only and shall be discontinued in the event that Boatyard operations at the site cease; and

3. the location of the berths and their use shall preserve water-related public rights and protect water-dependent uses.

(3) Boat Launching Ramps. The license application for any boat launching ramp for public use, or any expansion thereof, shall indicate on the license plan that the following facilities will be provided, to a degree deemed appropriate by the Department:

(a) turning areas to facilitate the launching and retrieval of boats to or from the water;

(b) parking areas for vehicles and boat trailers;

(c) permanent or temporary sanitary facilities for boaters using the launching ramp, as necessary in light of anticipated water quality or other environmental concerns and maintenance considerations;

(d) ramps constructed, where possible, at an angle no greater than 15% from the horizontal; where upland modification is necessary, the slope grade should be created, if possible, by cutting back into the upland; ramps should be approximately even with beach or upland grade elevations; and ramps should extend a sufficient distance inland to prevent washout at the inland edge and where possible should extend a minimum of five feet beyond the low water mark; and

(e) sufficient access facilities and water depths so as to provide safe navigational ingress and egress; this may include adjacent catwalks, tie-off pilings, or access piers and suitable associated water area for staging of boat launching and retrieval; water depths at the launching area of the ramp should be the minimum depth necessary to accommodate the types of boats which will use the facility.

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