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 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 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 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 = 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 [310CMR ] In DPA, shall not preempt, disrupt, displace [310 CMR 9.36(3),(4),& (5)] Nonwater-Dependent Use Standards [310 CMR ] 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 Licenses At 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 Program One Winter Street, 5 th floor Boston MA Phone: