If! ASS, E/3 2£>, n;C 36 5SS-* Massachusetts Department of Environmental Protection This brochure. Chapter 91: The Massachusetts Public Waterfront Act, is the result of the thoughtful contributions of many people. The following individuals contributed expertise that was essential to the completion of this document. Special thanks are extended to Steve Bliven, in conjunction with the University of Massachusetts, Urban Harbors Institute, Boston for writing this document. Page Layout and Design by Cheryl Kimber. DEP also gratefully acknowledges the following state and federal agency staff for sharing their knowledge with us in the development of this document (in order of agency): Massachusetts Coastal Zone Management Office Tom Skinner and Susan Snow-Cotter. U.S. Environmental Protection Agency. Region 1 Ed Reiner DEP also acknowledges the contributions of its staff in the preparation of this brochure especially: Lois Bruinooge, Cynthia Giles, Gary Gonyea, Philip Griffiths, Glenn Haas, Elizabeth Kouloheras, Edward Kunce, Lealdon Langley Nancy Lin, Ben Lynch, Thomas Maguire, Arleen O'Donnell, Magdalena Pavlak, Sharon Pelosi, Michelle Portman, David Slagle. Alex Strysky, and Mitchell Ziencina. This document was developed and printed with funds provided by U. S. Environmental Protection Agency (EPA) to the Massachusetts Department of Environmental Protection under Section 104(b)(3) of the Clean Water Act. Massachusetts Department of Environmental Protection Robert W. Golledge, Jr., Commissioner Bureau of Resource Protection Cynthia Giles, Assistant Commissioner Division of Watershed Management Glenn Haas, Director Wetlands and Waterways Program Lealdon Langley, Director Commonwealth of Massachusetts Mitt Romney, Governor Kerry Healey, Lieutenant Governor Ellen Roy Hertzfelder, Secretary, Executive Office of Environmental Affairs Printable copies of this document can be downloaded at the following DEP Web site: www.state.ma.us/dep/brp/waterway/waterway.htm This information is also available in alternate formats upon request by contacting the DEP ADA Coordinator at 617/574-6872. September 2003 Chapter 91 THE MASSACHUSETTS PUBLIC WATERFRONT ACT MASSACHUSETTS PUBLIC WATERFRONT ACT ADOPTED 1866 CHAPTER 91, SECTION 10 "The Department shall have general care supervision of the harbors and tide waters within the Commonwealth, of the flats and lands flowed thereby, of the waters and banks of the Connecticut River and the banks and waters of the non-tidal portion of the Merrimack River and of all structures therein, in order to prevent and remove unauthorized encroachments and causes of every kind which may injure said Connecticut River or said part of Merrimack River or interfere with the navigation of such harbors, injure their channels or cause a reduction of their tide waters, and to protect and develop the rights and property of the Commonwealth in such waters, flats and lands; and it may make such surveys, examinations, and observations as it deems necessary therefor. The Department of Environmental Protection shall protect the interest of the Commonwealth in areas described here- in in issuing any license and permit authorized pursuant to this chapter. " PREFACE Please note that the following material is intended for informational purposes — to provide a general explanation of the nature and substance of the Chapter 91 law and its supporting regulations and poli- cies. This document should not be considered legal text. For specific details consult the Massachusetts Public Waterfront Act (Chapter 91) and related regulations. This document was prepared for the Massachusetts Department of Environmental Protection by the Urban Harbors Institute of the University of Massachusetts Boston as project #96-08A/104. This proj- ect has been financed partially with federal funds granted to the Massachusetts Department of Environmental Protection by the U.S. Environmental Protection Agency under Section 104(b)(3) of the Clean Water Act. The contents do not necessarily reflect the views and policies of EPA. Any part or all of this document may be copied for public information purposes. However, it may not be sold or otherwise used for personal gain. History THE MASSACHUSETTS PUBLIC WATERFRONT ACT (CHAPTER 91) Massachusetts' principal tool for protection and prudent management of its inland waters and tidelands is the Chapter 91 waterways licensing statute of 1866, also known as the "Public Waterfront Act". The oldest law of its kind in the nation, Chapter 91 regulates activities in both inland and coastal areas such as great ponds, certain rivers and streams, and tidelands. The public trust doctrine, the origin of Chapter 91, evolved from Roman and English law. Two major principles form the basis of the doctrine: 1. The public has fundamental rights and interest in natural resources such as the air, the sea, and the shore; and 2. The state, as trustee of the public interest, has a duty to preserve and enhance both these natural resources and the public's right to use them. taking steps to guarantee access and to ensure that waterfront development best utilizes this precious public resource. The Wetlands and Waterways Program (WWP) of the Department of Environmental Protection (DEP) administers Chapter 91 and its associated regulations found at 310 CMR 9.00. The regulations seek to: In the 1630s, a cash-poor colonial government — eager to promote commer- cial ties between land and sea — extended ownership rights of upland prop- erty-holders to tidal flats adjacent to their holdings. Although the so-called Colonial Ordinance changed ownership of most intertidal flats from public to private, it did not transfer all property rights originally held in trust by the state. The law required that these lands be subject to easements guarantee- ing public access for fishing, fowling, and navigation as well as directly relat- ed activities. Thus, early in its history Massachusetts affirmed a public right to tidal waterfront access, regardless of private development. The results of a major court case (Boston Waterfront Dev. Corp. v. Commonwealth) in 1979 reaffirmed that the public retained rights in tide- lands — even when they have been filled. Amendments to the statutory lan- guage of Chapter 91 in 1983 and 1986 added important new substantive and procedural requirements in order to ensure that the tidelands are utilized only for water-dependent uses or serve a proper public purpose. In this process, the jurisdiction under Chapter 91 "came ashore" and filled tidelands have since been recognized as being under the same jurisdiction as those areas presently subject to the ebb and flow of the tide. 1 . Ensuiv that the waterfront and waterways are used primarily for water- dependent uses. These include commercial fishing, shipping, passenger transportation, boat building and repair, marinas, and other activities for which proximity to the water is either essential or of great advan- tage. Techniques to effect this objective include: A. Preventing encroachment by incompatible development, and B. Avoiding the disruption of existing maritime and waterway pur- suits while promoting new water-dependent operations. 2. Provide public access for the use and enjoyment of waterways by: A. Preserving and promoting the rights of safe pedestrian activities along the water's edge and its immediate environment, and B. Securing public access benefits as compensation for nonwater- dependent private development on tidelands. Such benefits may include mandatory exterior open spaces and uses within buildings that promote year-round public access to the waterfront, as well as water-dependent project components like water transportation services, community boating, public landings, and fish piers. Similarly, the land under great ponds, those water bodies of over 10 acres in their natural state, are owned by the Commonwealth and held in trust for public purpose. Landowners abutting great ponds do not have a right to use the pond for private purposes unless authorized by legislative grant or by a Chapter 91 license. The Massachusetts courts have historically upheld a wide array of public rights to use great ponds including the rights to fish, fowl, navigate, and cut ice. Chapter 91 also provides for management of development on certain naviga- ble rivers, streams, and waterways. Today, the Commonwealth recognizes the continuing need to affirm public jurisdiction over tidelands, great ponds, and other inland waterways, and is Sr - _ n ••in -> > -" MWIifc.':'"VMK - TV'i GEOGRAPHICAL JURISDICTION Areas There are four basic areas of geographical jurisdiction subject to the provisions of Chapter 91. Any activity occurring in one of the areas listed below requires the issuance of some form of Chapter 91 authorization. This applies to existing unauthorized activities as well as new projects. 1 FLOWED TIDELAIMDS Any project located in; on, over, or under tidal waters seaward of the present mean high water (MHW) shoreline is subject to the provisions of Chapter 91. Jurisdiction in this case extends seaward to the state limit of territorial jurisdiction. (See figure 1 below). Flowed tidelands may include areas of private ownership (referred to as private tidelands) that generally lie between the mean high water mark and the historic mean low water mark (or a line run- ning 1650 feet seaward of the high water mark, whichever is farther landward). Private Tidelands are subject to an easement to the public for the purposes of fishing, fowling, and of passing freely over and through the water. 2 FILLED TIDELANDS Filled tidelands are former submerged lands and tidal flats which are no longer subject to tidal action due to the presence of fill. Chapter 91 jurisdiction includes all filled tidelands up to the historic high water mark, except for landlocked tidelands. Landlocked tidelands are a type of filled tideland that is at least 250 feet from the shoreline and separated from this shoreline by a public way in existence as of Jan. 1,1 984. There are no landlocking provisions under Chapter 91 for Designated Port Areas. In Designated Port Areas the limit of jurisdiction on filled tide- lands is the historic mean high water shoreline (i.e., all filled areas). Filled tidelands may also include Private Tidelands. In this instance, the limits of the private property subject to easement range from the historic mean high tide to the historic mean low tide line. HjjforicHiy, 3PIK *%&> ^reJ'he First Public Way Present Mean High Water Shoreline Present Mean Low Water Shoreline UPLAND WITH BUILDINGS D Not subject to Chapter 91 LANDLOCKED lie. landward of the first public way and more than 250 feet landward of MHW} FILLED TIDELANDS WITH BUILDING C Does not require a Chapter 91 license since the site is not located within a Designated Port Area FILLED TIDELANDS WITH BUILDINGS A, B&E Chapter 91 license required FLOWED TIDELANDS Chapter 91 license required 3 GREAT PONDS Any project located in, on, over or under the water of a great pond is within the jurisdiction of Chapter 91. A great pond is defined as any pond or lake that contained more than 10 acres in its natural state. Ponds or lakes presently larger than 10 acres are presumed to be great ponds unless the applicant provides unequivocal evidence otherwise. Ponds that once measured 10 or more acres in their natural state, but which are now smaller, are still considered great ponds. An advisory listing of great ponds is available through the Wetlands and Waterways Program or on DEP's web site at: www.state.ma.us/dep/brp/waterway/research. htm#ponds. FIGURE 1 Chapter 91 Jurisdiction 4 NON-TIDAL RIVERS AND STREAMS By statute, certain segments of the Connecticut, Westfield and Merrimack Rivers are within the jurisdiction of Chapter 91. Additionally, projects located in, on, over, or under any non-tidal river or stream on which public funds have been expended (either upstream or downstream within the river basin) — except for any portions not normally navigable during any season by any vessel — are also under the jurisdiction of Chapter 91. Contact DEP's Wetlands and Waterways Program for definitions of geographic jurisdiction over specific river/stream segments. Activities ACTIVITIES REQUIRING A CHAPTER 91 LICENSE OR PERMIT There are seven basic categories of activity that require authorization under Chapter 91. These include both new and existing unauthorized activities as listed below. Certain other activities within the geographical jurisdiction of Chapter 91 that continue a use or structure either currently licensed or permitted by the WWP or which were existing as of 1984 may not require additional regulatory review. It is best to check with the WWP to ensure whether the proposed activity is sub- ject to permitting. 1 1 STRUCTURES NOT ALREADY AUTHORIZED Placement, construction, or alteration of any structure— regardless of size or whether permanent or seasonal. Examples of typical structures Include — but are not limited to — piers, wharves, dams, seawalls, weirs, booms, jetties, breakwaters, bulkheads, riprap, revetments, piles, groins, roads, culverts, bridges, buildings, parking lots, cables, pipes, conduits, tunnels, wires, and floats. Continuation of any use or struc- ture on private tidelands, if legally completed (and not subsequently altered without a license/permit) prior to 1984, may not require authorization. 2| FILLING NOT ALREADY AUTHORIZED Placement of any unconsolidated material that is confined or expected to remain in place in a waterway. Such material includes beach nourishment as well as underwater disposal of dredged materials. 3 | USES NOT CURRENTLY AUTHORIZED Any use of fill or structures not covered by a presently valid license or authorized by a Legislative grant. Structures and uses located on private tidelands that were in existence prior to 1984, that do not have a Chapter 91 license do not require authori- zation, provided that no changes have been made since then. 4 | CHANGES IN A PREVIOUSLY AUTHORIZED USE Any change from an authorized use. An example of such a change in use would be the conversion of a commercial fishing establishment to an office building or con- version of an office building to retail use. 5 | ALTERATION OF A CURRENTLY AUTHORIZED STRUCTURE OR FILL. Any change in a structure or fill from the specifications contained in the existing license. Maintenance, repair or minor alterations of an authorized structure or fill may not require regulatory review. 6 | DEMOLITION OR REMOVAL OF STRUCTURES Removal of any unauthorized structure or fill for which there is no current and valid grant or license may proceed after written permission from DEP. 7 | CHANGE IN WATER LEVELS IN GREAT PONDS Lowering of the water level of a great pond requires a Chapter 91 license — unless that body of water is used for agriculture, manufacturing, irrigation, insect control purposes, or public water supply and the lowering furthers those activities. 8 | OTHER WORK IN WATERS SUBJECT TO CHAPTER 91 Removal of materials (i.e., dredging) including, but not limited to: rocks, bottom sed- iments, debris, sand, refuse, plant or animal matter, during any excavating, cleaning, deepening, widening, or lengthening of any tidal waters of the Commonwealth. (Removal of "plant or animal matter" in this instance does not apply to shellfishing, hunting, or seaweed harvesting.) OTHER ACTIVITIES Some activities within the geographical jurisdiction of Chapter 91 do not require a license or permit but may require notice and/or written authorization from DEP. (It is best to check with the WWP to ensure that the proposed activity is, indeed, not subject to review.) See the Waterways Regulations at 310 CMR 9.05(3) for specific guidance. In general, activities such as the following may not require Chapter 91 a license or permit: Construction of fish ladders, fishways and other devices to assist fish to pass some obstruction in a waterway, Construction of bulkheads, revetments, headwalls, or stormwater drainage outfalls within rivers and streams, provided such structures are placed so that there is no impediment to navigation, Maintenance and repair of licensed fill or structures, Minor modifications to licensed fill or structures, subject to prior review and written approval of the DEP, Reconfiguration of licensed docking facilities in a marina provided the option for reconfiguration is included in the license, Some emergency actions with written approval of the Department, Removal of fill or structures under certain conditions, or Installation and use of bottom anchored moorings, floats and rafts that receive approval by the local harbormaster under Section 10A of Chapter 91. 6 DIFFERENCES BETWEEN WATER-DEPENDENT AND NONWATER-DEPENDENT USES Differences The Chapter 91 regulations distinguish between projects that are "water-dependent" and those that are "nonwater-dependent". Much of the licensing process and the regulatory standards reflect this difference. In general, the statute and regulations are designed to ensure that activities within tidelands be water-dependent. Nonwater-dependent project proposals must demonstrate that they serve a "proper public purpose" which provides greater benefits than detriment to the rights of the public in the tideland area or in areas of great ponds below the high water mark. "Water-dependent" activities require direct access to, or location in, tidal waters or great ponds and therefore cannot be located away from the water's edge. Such uses include: • Boating activities such as marinas, boat basins, channels, storage areas, and other related commercial or recreational uses; Water-based recreation activities such as fishing or swimming; Facilities which promote the public use and enjoyment of the waterfront such as boardwalks, parks, or esplanades; Aquaculture facilities; Beach nourishment; Waterborne transportation facilities; Activities related to navigation, such as dredging, navigation aids, or marine police/fire stations; Shore protection structures designed to protect an existing structure or to protect or expand a water-dependent use; Discharge pipes; Marine terminals and related facilities in tideland areas; Commercial fishing and fish processing facilities; Boatyards and related facilities; and Other industrial infrastructure facilities which cannot reasonably be located at an inland site. Any activity not explicitly determined by DEP to be water-dependent is considered to be "nonwater-dependent". The Chapter 91 Waterways Regulations encourage use of the waterfront for water-dependent activities and therefore these are presumed to serve a proper public purpose. Consequently, there are fewer performance standards for such activities. Nonwater-dependent projects, on the other hand, are presumed not to serve a proper public purpose. Chapter 91 requires that these nonwater- dependent projects provide greater benefit than detriment to the public's rights in tidelands. These rights include fishing, fowling, and navigation and the right of access thereto in private tidelands, in commonwealth tidelands, great ponds and the broader rights of public use for all lawful purposes. Authorizations TYPES OF CHAPTER 91 AUTHORIZATIONS There are five types of Chapter 91 authorizations; :LOWED TIDELANDS All activities subject to the jurisdiction of Chapter 91 require a Waterways License — unless they are eligible for one of the other authorizations listed in 2-5 below. A. General License Typically a license is for a fixed term not to exceed 30 years and runs with the deed for the land, allowing it to be transferred upon change of ownership. In certain instances this term may be extended up to 65 years for projects located on flowed tidelands and up to 99 years for projects on filled tidelands or fill in great ponds. B. Simplified License For a project consisting entirely of a dock, pier, seawall, bulkhead, or other small-scale structure that is an accessory to a residential use or serves a com- munity docking facility, there is a simplified licensing procedure. If the struc- ture was built or substantially altered after January of 1984, to qualify for the simplified procedure, it must be water-dependent and pile-supported with no fill involved, be no more than 600 square feet seaward of the mean high water line, and serve less than ten vessels. In addition to these standards, DEP may authorize fill supported structures with a simplified license only if the fill was placed prior to January of 1984. The simplified license provides for a substantial cost savings to the applicant by allowing joint notification for permitting (under the Wetlands Protection Act, M.G.L. c. 131 s.40 and the Public Waterfront Act M.G.L. c. 91) with the local conservation commission and shorter processing times with DEP. In addition, this simplified proce- dure waives the requirement that license plans be stamped by a professional engineer. The license has a renewable term of 15 years. Contact the WWP for further information (see the "Additional Information Section" at the back of this brochure). 2 DEP WATERWAYS (CHAPTER 91) PERMIT Some activities, generally of a one-time or short-term nature, may be eli- gible for a DEP Waterways permit. Examples of such activities include dredging, beach nourishment, in-water disposal of unconsolidated mate- rials, site preparation, excavation, or demolition. 3 LICENSE OR PERMIT AMENDMENT Applicants may apply to amend a valid waterways license to authorize a change in use or a structural modification that is not substantial in nature (sub- stantial = less than a 10% increase in height or ground coverage of a structure or less than a 10% increase in an area of fill). 4 LETTER OF APPROVAL In certain instances DEP can authorize activities without requiring a full license or permit on the basis of written notification. Examples include; a dock and slip reconfiguration within a licensed marina, minor modifications to an existing license, and demolition or removal of authorized structures. L. .. : IlllHlll |«ll&P#"'i 5 HARBORMASTER ANNUAL PERMIT Pursuant to Chapter 91 and Waterways Regulations, the placement — on a tem- porary basis — of moorings, floats or rafts held by bottom-anchor, and any associated ramps may be authorized by an annual permit from the local Harbormaster. No other Chapter 91 authorization is required so long as the Harbormaster permit remains valid. Additionally, with approval of the DEP, a community may establish an annual Local Permitting Process for small, pile- supported structures accessory to residences to be administered by the Harbormaster or some other local official or governmental body. 8 LICENSING PROCEDURES FOR WATER-DEPENDENT USE PROJECTS Procedures Following is a chronological description of DEP procedures upon receipt of an application for a Chapter 91 authorization. Please note: this is a very generalized list and is subject to change. For details, consult with the DEP's Wetlands and Waterways Program (WWP). 1 | PRE-APPUCATION CONSULATION If the proposed project is large or complex (particu- larly if the filing of an Environmental Impact Report is required), DEP will conduct a pre-application meet- ing. This will include a presentation of the project by the applicant, preliminary guidance by DEP's WWP on the applicability or regulatory standards, and a discussion of the necessary licensing procedures. Even if the project is not large or complex, the project proponent is encouraged to meet with the WWP staff prior to filing an application to review the project in relation to regulatory standards and procedures. 2 | MEPA FILING Prior to filing an application for a Chapter 91 license for a nonwater-dependent use project, the applicant must file an Environmental Notification Form (ENF) with the Massachusetts Environmental Policy Act (MEPA) Unit. Any project proposing a nonwater- dependent use of one or more acres of tidelands or within a great pond categorically requires submitting an Environmental Impact Report (EIR). 3 | APPLICATION FILED Upon receipt of a license application, the WWP per- forms a preliminary review to determine its com- pleteness. A copy of the Notice of Intent filed with the local Conservation Commission under the Massachusetts Wetlands Protection Act must also be included with the Chapter 91 application (www.state.ma. us/dep/brp/ww/wwforms.htm). If an application is not complete, DEP will con- tact the applicant or his/her representative and the application will be returned in its entirety. If an appli- cation is determined to be complete, a DEP file num- ber will be assigned and the application review will proceed to public notice. 4 | FORMAL DETERMINATION as to Water Dependency As an initial step in its review, the WWP will classify the project use as either water-dependent or nonwa- ter-dependent. 5 | PUBLIC NOTICE The WWP will send a notice of license or permit application to the applicant. The applicant is required to distribute this notice to his/her represen- tative^); all property abutters; and to certain munici- pal, state, and federal officials or agencies. The applicant is also required, at his/her own expense, to publish the public notice in one or more newspapers having circulation in the area affected by the project. Prior to or upon applying to DEP, applicants must also submit a copy of their application to the Planning Board of the municipality where the project is proposed. Within 30 days of its receipt of a copy of the license application, the Planning Board may elect to hold a public hearing. Subsequently, the Board may submit comments and a written recom- mendation as to whether, and why, the project would not be detrimental to public rights in tidelands and whether it serves a proper public purpose. DEP will consider recommendations from the Planning Board in making its decision whether to grant a license. 6 | PUBLIC HEARING For projects determined to be nonwater-dependent, the WWP will hold a public hearing in the municipality in which the project is proposed. The WWP will accept written comments from any person for 30 days (15 days for permit applica- tions) from the date of publication of the public notice— or within any additional period granted by DEP. 7 | LICENSE DECISION For nonwater-dependent use projects, the WWP will issue a written determination of its intent to issue a license— including proposed license conditions— for public review. In the case of a water-dependent proj- ect, the WWP need not issue a written determination for public review— unless there has been a public hearing or if the WWP intends to deny the license or permit application. The WWP may issue a draft license for public review for water-dependent licenses. Licenses or permits will be written so that they preserve, insofar as is possible the capacity for water-dependent use, public trust rights for the law- ful use of tidelands, great ponds, and other water- ways including existing rights of access. Performance standards for various types of projects are provided in the Waterways Regulations and will be incorporated into the license or permit. No License or Permit May Be Issued by DEP's Wetlands and Waterways Program unless the Project • Complies with applicable environmental regu- latory programs of the Commonwealth, • Conforms to the applicable provisions of either an approved Municipal Harbor Plan or, for docks and piers, a Resource Management plan for an Area of Critical Environmental Concern if one is currently in place where the project is proposed, • Conforms to local zoning and by-laws, and • Complies with the performance standards for various activities provided in the Waterways Regulations. 8 | LICENSE ISSUANCE When DEP decides to issue a license, the applicant will be notified in writing of any required fees. In general, these fees are for the displacement of waters within Chapter 91 jurisdiction and for the occupation of commonwealth tidelands. Within 21 days of the date of issuance, aggrieved persons may submit an appeal according to provisions provided in the regu- lations. 9 | RECORDING OF LICENSE The license and accompanying plan(s) must be recorded at the appropriate Registry of Deeds within 60 days of the date of issuance. If the license is not recorded within 60 days of its issuance, it will become void. 10 | CERTIFICATE OF COMPLIANCE Within 60 days of the completion of any licensed project and no later than five years from the date of license issuance, the Licensee must request that DEP issue a certificate of compliance. The request must be accompanied by certification from a registered professional engineer that the project was completed according to the plans, specifications, and conditions of the license. 9 Benefits HOW THE PUBLIC BENEFITS FROM THE CHAPTER 91 LICENSING PROCESS In general, the public benefits obtained through the Chapter 91 licensing process may include: • Pedestrian and waterfront walkways or strolling rights within the intertidal zone, • Transient or dinghy docks, • Public boat landings or boat ramps, • Piers and floats for public recreational boating or fishing facilities or to provide public water transportation facilities and services, • Public sailing programs, or • Creation of parkland. Small water-dependent projects such as docks and piers are typically required to provide intertidal access over or around the structure for fishing, fowling , navigation and strolling. The following are a few examples of public benefits provided through Chapter 91 s Waterways licenses at four major project sites. Jefferson Properties (JPI) SALEM, NONWATER-DEPENDENT PROJECT Battery Wharf BOSTON HARBOR, NONWATER-DEPENDENT PROJECT Creation of a large public park with elevated viewing areas looking toward the North River. Dedicated public parking spaces for the park. Interpretive exhibits concerning the history of the site. Public rest rooms. Public open space. Public recreational fishing areas. A sheltered waiting area for water taxis. Transient dockage. A self-guided historical walking tour. Public restrooms. A US Coast Guard historical exhibit. Rowes Wharf BOSTON HARBOR, NONWATER-DEPENDENT PROJECT Public waterfront, pedestrian walkways and plazas. Ferry terminals and water shuttles. Public restrooms. Public recreational marina that includes restrooms, showers, and a vessel pumpout facility. Transient (temporary) boat dockage. Public observatory in the rotunda of the Atlantic Avenue building. MacMillan Pier PROVINCETOWN, WATER- DEPENDENT PROJECT 23,000 square feet of public access walkways (with possible expansion to 33,000 square feet) for passive recreational uses. A public courtesy dock. Two ramps accessible to the handicapped. Information kiosks. Public seating areas. A designated public fishing pier. 10 Massachusetts Department of Environmental Protection One Winter Street Boston, MA 02108 ADDITIONAL INFORMATION Statutory and Regulatory Citations: 1) Massachusetts General Law c. 91 § 1-63 See DEP's Web site at: www.state.ma.us/dep/brp/waterway/ch91regs.htm 2) 310 CMR 9.00, DEP Waterways Regulations See DEP's Web site at: www.state.ma.us/dep/brp/waterway/ch91regs.htm 3) 301 CMR 23.00, Massachusetts Coastal Zone Management Office Municipal Harbor Planning Regulations See MCZM's Web site at: www.state.ma. us/czm/publications.htm 4) 301 CMR 25.00 Massachusetts Coastal Zone Management Office Designated Port Area Regulations See MCZM's Web site at: www.state.ma. us/czm/publications.htm For Chapter 91 information contact DEP's Wetlands and Waterways Program (WWP) in Boston or one of the DEP Regional Offices. See DEP's Web site at: www.state.ma.us/dep/brp/waterway/waterway.htm For Harbor Planning information contact the Massachusetts Coastal Zone Management Office in Boston or any of that Office's Regional Coordinators. See MCZM's Web site at: www.state.ma.us/czm/ For ACEC Resource Management Plans contact the Department of Conservation and Recreation's (DCR), formerly the Department of Environmental Management, ACEC coordinator or staff. See DCR's Web site at: www.state.ma. us/dem/programs/acec/contact.htm For information about U. S. Army Corps Permits contact the Regulatory Branch of the New England District of the Corps in Concord, MA (978) 318-8338. DEP's Waterways Web Site is at: www.state.ma. us/dep/brp/waterway/waterway.htm RELATED SITES Web Links Massachusetts Government Massachusetts DEP/Wetlands Program www.state.ma.us/dep/brp/ww/rpwwhome.htm Massachusetts Coastal Zone Management www.state.ma.us/czm/ Massachusetts Department of Conservation and Recreation www.state.ma.us/dem/ Massachusetts Public Access Board www.state.ma.us/dfwele/pab/pab_toc.htm Coastal Access Legal & Mediation Service www.state.ma.us/dem/programs/coastal/cap-crs.htm Massachusetts Registries of Deeds www.state.ma.us/sec/rod/rodidx.htm Massachusetts Communities Directory www.state.ma.us/cc/index.html Massachusetts State Library www.state.ma. us/lib/homepage. htm catalog.cwmars.org/search~S74/ Massachusetts Environmental Organizations Massachusetts Association of Conservation Commissions www.maccweb.org/home.html Massachusetts Harbormasters Association, North Shore www.harbormasters.org Massachusetts Environmental Education Massachusetts Sea Grant web.mit.edu/seagrant/ University of New Hampshire— Historic USGS Maps of New England docs.unh.edu/nhtopos/nhtopos.htm Urban Harbors Institute omega.cc.umb.edu/-uhiweb/index.html Woods Hole Oceanographic Institute www.whoi.edu/ Federal Agencies U.S. Army Corps of Engineers www.usace.army.mil/ U.S. Environmental Protection Agency/Office of Wetlands www.epa .gov/owow/wetla nds/ National Oceanic & Atmospheric Administration www.noaa.gov/ chartmaker.ncd.noaa.gov/CSDL/MAP-COLL.htm _______________________■__■_____ )' ) ) ) Commonwealth of Massachusetts Mitt Romney, Governor Kerry Healey, Lieutenant Governor if Executive Office of Environmental Affairs Ellen Roy Hertzfelder, Secretary