The Public Waterfront Act
Covering the basic questions Why? Purpose of Act and Regulations Where? Geographic Jurisdiction What? Activities Subject to Jurisdiction How? Application process and
standards When? Apply pre & post construction Who? Program Contact Information
Formerly established in 1866 Rooted in the Public Trust Doctrine
Codified in colonial ordinances of 1641-47 Public Has Fundamental Rights in Natural
Resources such as the air, the sea, and the shore.
The state, as trustee of the public’s rights, has a duty to preserve these resources and the public’s right to use them.
Chapter 91 Overview
Purpose of Regulations - 310 CMR 9.00 to ensure tidelands are utilized for
water-dependent uses or otherwise serve a proper public purpose
To protect public health, safety & general welfare
To revitalize urban waterfront properties To promote public use and enjoyment of
the water
Chapter 91 Overview
Geographic Jurisdiction Flowed Tidelands
Filled Tidelands
Great Ponds List by County available on line
http://mass.gov/dep/water/resources/research.htm#pond
Navigable Rivers and Streams
Geographic Jurisdiction Commonwealth Tidelands
publicly owned lands accessible for all lawful purposes
beyond low water (or 100 rods seaward of historic high water)
Private Tidelands Between mean low and high water Privately owned subject to public
rights to fish, fowl, navigate and natural derivatives thereof
Landlocked Tidelands landward of the first public way and
250 feet from high water
Designated Port Areas in the Mystic 3 areas designated
Chelsea Creek Mystic River East Boston
DPA Boundary Follows roads Includes Charlestown,
East Boston, Chelsea and Revere
Jurisdiction (Presumed) Historic Mean High
Water
Activities Requiring Review Construction, maintenance,
reconstruction of unauthorized fill or structures
Existing or proposed use Existing or proposed structure or fill Change in Use or Structural Alteration Permit for dredge, beach nourishment
and lowering of Great Pond water level
Public Participation in the Application Process Landowner/Applicant submits completed application and
plan to DEP Office Notice is published & distributed to required parties Public comments in 30-day comment period Applicant submits response to comments Draft decision distributed to those who request May appeal within 21 day appeal period License recorded at the Registry of Deeds At completion, Certificate of Compliance required
Approximate # of Days = 150-250 days
Determination of Water-Dependency
Water Dependent Use See 310 CMR 9.12(2)(a) Require direct access to or location in the water
Nonwater-Dependent Use [310 CMR 9.12(2)(e)]
Does not require direct access to or location in the water
Water Dependent Industrial Use [9.12.(2)(b) and (c)]
Requires direct access to or location in the water Industrial and heavy commercial uses List of specific uses in the regulations
Other – Accessory, Temporary, Supporting DPA Use
Water Dependent Uses
Non- Water-Dependent Uses
Performance Standards: Preserve Public Rights [310 CMR 9.35 (2)]
Protect Water-Dependent Use [310CMR 9.36]
Meet Engineering Standards [310CMR9.31-40]
In DPA, shall not preempt, disrupt, displace [310 CMR 9.36(3),(4),& (5)]
Nonwater-Dependent Use Standards [310 CMR 9.51-54]
No private uses over water or on ground floor within 100 feet of shore Building setback from shore and height limitations 1:1 ratio of Open space to building footprint Public pedestrian access network Water-based public facility Activate Commonwealth Tidelands
MassDEP Chapter 91 Waterways LicensesAt Confluence of Mystic and Malden Rivers
13 Waterways Licenses Issued in the area 4 Offices, 2 shopping centers 2 yacht clubs, school, radio station
More Greenway created through chapter 91 licensing requirements
46 acres of filled tidelands turned into waterfront parkland
Waterfront walkways link existing development sites together
public parking provided at private developments for park use
landscaping include trees, benches, lighting and clear signage
Public: Private Partnerships establish long lasting maintenance commitments
Existing Mass DCR parkland linked together through private tideland development
Private developers provided park easements to the Mass DCR
Private developers maintain park features throughout term of the c91 license
Recreational Boating is celebrated and encouraged
Tufts Boathouse re-introduces rowing to the Malden River
Three existing Yacht Clubs Public boat ramps provided and maintained by
private licensees Canoe Launches on Malden and Mystic Rivers Removed 2 sunken barges and debris to
improve navigation and wetland health
Thanks for coming!
Andrea Langhauser MassDEP Waterways
Regulation ProgramOne Winter Street, 5th floor Boston MA 02108
Phone: 617-348-4084 Email: