MassDEP Proposes Changes to Chapter 91 Regulations


Applicants for new/renewed licenses must address climate issues

The Massachusetts Department of Environmental Protection (MassDEP) is proposing regulatory revisions in response to the effects of a changing climate, including sea level rise, increased precipitation, and intensifying storms.

To address these issues, MassDEP recently announced its proposed “resilience” amendments to the Commonwealth’s waterways regulations, 310 CMR 9.00, also known as the Chapter 91 regulations, named after the enabling statute. The amendments are intended to ensure that licensing “properly reflects the potential effects of climate change” for existing and proposed structures along the waterfront.

The Chapter 91 Waterways Regulations govern structures, fill, and uses in jurisdictional tidelands, great ponds and non-tidal rivers and streams in Massachusetts. Generally, such structures, fill, and uses must be licensed or permitted by MassDEP and, in accordance with the Public Trust Doctrine, the public must continue to have access to these areas.

Key proposed changes to the regulations include:

MassDEP will conduct two public information sessions on Wednesday, January 17, 2024 via Zoom: one at 1:00 p.m. and one at 6:00 p.m. Advance registration is required. MassDEP will also conduct public hearings on the proposed amendments on Thursday, January 25, 2024 at 1:00 p.m. and 6:00 p.m. via Zoom. Registration is required.

Written comments on the proposed amendments will be accepted until 5:00 p.m. on March 1, 2024. MassDEP encourages electronic submission by email to dep.waterways@mass.gov and must include Waterways Resilience Comments in the subject line.

Additional information regarding the proposed amendments, including links to register for the public information sessions and hearings, can be found here.


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National Law Review, Volume XIV, Number 4