dpa_mhp_kathryn glenn power points june 1 13

7/30/2019 DPA_MHP_Kathryn Glenn Power Points June 1 13

1/22


2/22

Part of EEA

Balance use andresource

protection

Fosterpartnerships

Promote sound

coastal

management


3/22

General technical

assistanceMHP regulatory

guidance

Review MHPsubmittals (onbehalf of EEA

Secretary)Assistance through

RC


4/22

Ch. 91

ImplementationProtection and

promotion of

public use oftidelandsMHP regulatory

guidanceCh. 91 permit

authority


5/22

2,000 year old

principlePublic has

fundamental rights

to air, sea, shoreState as trustee of

the publics rights

has responsibilityto protect theseinterests


6/22

Primary tool to

implementprotection of publicuse of tidelands

Coastal and inlandwaterwaysAny activity that

takes place withinjurisdiction requiresauthorization


7/22

Where is Chapter 91

Jurisdiction? Flowed Tidelands Any project in, on, over, or

under tidal waters seaward ofmean high water (MHW)

Extends 3 miles seaward

(state jurisdiction) Filled Tidelands (lands that

were formerly flowedtidelands) In a DPA, all filled tidelands

(to Historic High Water(HHW) Outside a DPA, to first public

way or 250 from MHW(whichever more landward)


8/22

There are 11 DPAs inMassachusetts

Gloucester, Beverly, Lynn, Salem

Mystic River, Chelsea Creek,East Boston, South Boston,

Weymouth Fore River

New Bedford-Fairhaven, FallRiver

Based on physical andoperationalfeatures needed to support waterdependent industry


9/22

Waterway and associatedwaterfront developed toaccommodate commercialnavigation or otherutilization of the water;

Landside spacewith

physical and use characterthat supports siting ofindustrialfacilities/operations

Appropriate land-based

transportation routes andutilities for industrial use


10/22

DPA Policy: protect limited developed

shoreline resources for industrial uses thatcannot be sited elsewhereBasis:

Industrial uses need appropriate physical attributes

Coastal areas with these essential developedattributes are limited

Unlikely that new developed shoreline can becreated

Once converted from industrial character, notlikely to revert back Non-industrial uses can be sited in other locations


11/22

Approximately1.7% of

Massachusetts

coastline is DPA

Remainder of

coast does not

have the essential

physical attributes

to support WDI

uses


12/22

Approximately

3.7% ofGloucester

coastline is DPA

Remainder ofcoast does not

have the essential

physical

attributes tosupport WDI uses


13/22

State does not require harborplans

Harbor Plans guide the growthand development of harbors

Community can do harborplanning with no stateinvolvement

Community develops vision forharbor

Identifies key issues

Develops goals and objectives forharbor and action items to

address these Action items are implementedlocally

Actions/projects on the waterfrontmust comply with local zoningand existing state regulations


14/22

Voluntary Community can modify

some Ch. 91 rules to fitgoals for the harbor

Changes must beconsistent with state

tidelands policy MHP reviewed and

approved by Secretaryof EEA

Approved MHP guidesDEP Chapter 91licensing decisions


15/22

Part of the MHPCommunity specifies

allowable SupportingDPA uses

Can request flexibilityMust

preserve/enhance

capacity of the DPA toaccommodate WDIuses


16/22

Water Dependent Industrial(WDI)

Accessory to WDISupporting DPA Uses

Temporary Uses


17/22

Industrial in nature and waterdependent

Examples: Marine terminals/facilities for

waterborne commerce

Passenger vessel facilities

Manufacturing facilities relying on

goods arriving via water Commercial fishing/processing facilities

Facilities for construction/maintenanceof vessels or other marine structures(boatyard, storage, dry docks, etc)

Hydroelectric power facilities

Industrial facilities dependent onwithdrawal or discharge of largevolumes of water


18/22

Uses associated

with WDI usesCannot exist on

their own

Examples: Roadways

Parking

Administration offices


19/22

Commercial or industrial

uses Provide direct economic or

operational support to WDIuse

Differ from accessoryusecan exist without WDIuse

Certain uses prohibited byregulation (hotel/motel,rec boating, officebuildings, etc.


20/22

Allowed for maximum of 10 years

Intended to fill vacant spaces/facilitiesExamples:

Parking

Warehousing

Trucking


21/22

CZM responsible for

DPA boundaryreview

Can be requested

by: City or town

Port authority/Regional

planning agency

DPA Property owner

Ten citizens

3 Key DPA Attributes


22/22

Kathryn Glenn

North Shore Regional Coordinator

MA CZM2 State Fish Pier

Gloucester MA 01930

978-281-3972

[email protected]

dpa_mhp_kathryn glenn power points june 1 13

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