Designation Standards

(1) Designation of Waters. An area of water reviewed under 301 CMR 25.00 shall be included or remain in a DPA if and only if CZM finds that the area is in substantial conformance with the following criteria governing suitability to accommodate water-dependent industrial use, as appropriate to the harbor in question: (a) the water area must include, or be contiguous with, other DPA waters that include: 1. a navigable entrance or main channel with a design depth of at least 20 feet; and 2. a shoreline that has been substantially developed with piers, wharves, bulkheads, or other structures that establish a functional connection with a land area meeting the criteria set forth in 301 CMR 25.04(2); and (b) the water area must be of a configuration, size, and location appropriate for the maneuvering or berthing of vessels, the placement of intake/outfall structures, or other activities involving direct utilization of the water; at a minimum, the DPA shall include: 1. all channels (including sloped sides necessary to create actual depth) and mooring and turnaround areas within or serving as access channels to land or water areas meeting the designation standards of 301 CMR 25.04; and 2. any water area lying between an entrance or main channel and any land or water areas meeting the designation standards of 301 CMR 25.04, extending channelward from such areas. (2) Designation of Lands. An area of land reviewed under 301 CMR 25.00 shall be included or remain in a DPA if and only if CZM finds that the area is in substantial conformance with the following criteria governing suitability to accommodate Water-dependent Industrial Use, as appropriate to the harbor in question: (a) the land area must include, or be contiguous with other DPA lands that include, a shoreline that has been substantially developed with piers, wharves, bulkheads, or other structures that establish a functional connection with a water area meeting the criteria set forth in 301 CMR 25.04(1); (b) the land area must lie in reasonable proximity to: 1. established road or rail links leading to major trunk or arterial routes; and 2. water and sewer facilities capable of supporting general industrial use; (c) the land area must exhibit a topography that is generally conducive to industrial use, or reasonably capable of becoming so in terms of technology, cost, and other appropriate factors governing engineering feasibility; and (d) the land area must exhibit a use character that is predominately industrial or reasonably capable of becoming so because it does not contain a dense concentration of: 1. non-industrial buildings that cannot be removed or converted, with relative ease, to industrial use; or 2. residential, commercial, recreational, or other uses that unavoidably would be destabilized if commingled with industrial activity. (3) Commentary. As a general rule, CZM intends to apply the foregoing suitability criteria in the context of groups of parcels that form coherent planning units, rather than to individual project sites or other properties under common ownership or control. DPA-related attributes typically vary across different parcels, such that the combined characteristics of associated parcels in the same general vicinity are not reflected accurately in the characteristics of any single property. For this reason, it is important that geographic areas subject to review be sized and configured in a manner that allows consideration of all relevant factors affecting overall suitability to accommodate Water-dependent Industrial Use.