[SEMCO] Public Hearings for Ch 91 General License

Mon Sep 8 19:05:54 EDT 2014

CHAPTER 91 GENERAL LICENSE FOR SMALL RESIDENTIAL DOCKS AND PIERS

Colonial Ordinances of 1641-1647 codified the "public trust doctrine," which holds that the air, the sea and the shore belong not to any one person, but rather to the public at large.  The Commonwealth's primary tool for protection and promotion of public use of its tidelands and other waterways is Massachusetts General Law Chapter 91, the MA Public Waterfront Act<http://www.mass.gov/eea/agencies/massdep/water/watersheds/chapter-91-the-massachusetts-public-waterfront-act.html>, which was formally established in 1866.  MassDEP's Waterways Regulation Program, which oversees Chapter 91, is the primary division charged with implementing the "public trust doctrine."

The Waterways Program has created a GENERAL LICENSE by which eligible non-commercial projects can self-certify small-scale docks, piers and similar structures accessory to a residential use in and over flowed tidelands, great ponds, and navigable rivers and streams of the Commonwealth.  A copy of the draft general license is available at www.mass.gov/eea/agencies/massdep/water/regulations/310-cmr-9-00-massachusetts-waterways-regulation.html#2<http://www.mass.gov/eea/agencies/massdep/water/regulations/310-cmr-9-00-massachusetts-waterways-regulation.html#2>.  Detailed eligibility criteria are found in sections 310 CMR 9.29(2) and (3) of the Waterways regulations posted on the same web page.

PUBLIC HEARINGS for Small Residential Dock and Pier General License:  310 CMR 9.00

Public Hearings will be held to determine whether to further refine the General License before it is issued.  Ch. 91 staff will present a summary of the General License Proposal at the beginning of each hearing.

September 30, 2014 - 1 p.m.to 3 p.m.  (Tuesday)
Barnstable Town Hall - Town Council Hearing Room
367 Main St, Hyannis, MA 02601

October 1, 2014 - 10:30 a.m. to 12:30 p.m.  (Wednesday)
MassDEP Southeast Regional Office - 1st Floor Conference Room
20 Riverside Drive Lakeville, MA 02347

October 2, 2014 - 12:30 p.m. to 2:30 p.m.  (Thursday)
Billerica Public Library - Library Meeting Room
15 Concord Road, Billerica, MA 01821

October 7, 2014 - 10:30 a.m. to 12:30 p.m.  (Tuesday)
MassDEP Central Regional Office - Commissioner's Conference Room
627 Main Street, Worcester, MA 01608

October 9, 2014 - 10:30 a.m. to 12:30 p.m.  (Thursday)
MassDEP Western Regional Office - Conference Room 517
436 Dwight Street, Suite 500, Springfield, MA  01103

COMMENT DEADLINE:  27 October 2014

MassDEP will consider all comments from the public hearings and written comments received by October 27, 2014.  Failure of any aggrieved person or group of ten citizens or more to submit written comments to the Waterways Regulation Program by the Public Comment Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c).

Additional information regarding this draft general license may be obtained by contacting the Waterways Regulation Program at (617) 556-1134.   A copy of the draft general license is available on the MassDEP website: Preliminary Draft: Small Dock and Pier General License<http://www.mass.gov/eea/docs/dep/water/laws/rr/dgl13.doc> [cid:image001.png at 01CFCB80.45F377F0] <http://www.mass.gov/eea/docs/dep/water/laws/rr/dgl13.doc>  [cid:image002.png at 01CFCB80.45F377F0] <http://www.mass.gov/eea/docs/dep/water/laws/rr/dgl13.pdf> or by appointment only, at One Winter Street, 5th floor, Boston.

Written comments must be addressed to: Lauren Farrell, MassDEP Waterways Regulation Program, One Winter Street, 5th Floor, Boston, MA 02108 or Lauren.Farrell at state.ma.us<mailto:Lauren.Farrell at state.ma.us>.

The Public Hearing Notice and Schedule, as well as links to the Waterways regulations and the draft General License are posted at
www.mass.gov/eea/agencies/massdep/news/comment/public-hearing-schedule-for-small-dock-and-pier-general-license.html<http://www.mass.gov/eea/agencies/massdep/news/comment/public-hearing-schedule-for-small-dock-and-pier-general-license.html>.

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                                                       ><<{{°>    ><<{{°>

Christine A. Odiaga, CPESC  |  Southeast Region "Circuit Rider"  |  MassDEP Wetlands Program  |  (508) 946-2836

"News you can Use":

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