Additional Definitions for 310 CMR 10.21 through 10.37

The definitions contained in 310 CMR 10.23 apply to and are valid for 310 CMR 10.21 through 10.37. The following definitions are for terms used throughout 310 CMR 10.21 through 10.37. Other terms that are used only in specific sections of 310 CMR 10.21 through 10.37 are defined in those sections. Act means the Wetlands Protection Act, M.G.L. c. 131, § 40. Adverse Effect means a greater than negligible change in the resource area or one of its characteristics or factors that diminishes the value of the resource area to one or more of the specific interests of M.G.L. c. 131, § 40, as determined by the issuing authority. Negligible means small enough to be disregarded. Applicant means any person giving notice of intention to remove, fill, dredge or alter under M.G.L. c. 131, § 40. Area of Critical Environmental Concern (ACEC) means an area which has been so designated by the Secretary in accordance with 301 CMR 12.00: Areas of Critical Environmental Concern. The term Area for Preservation or Restoration (APR) shall be synonymous with ACEC, as provided in the CZM Regulations. 10.23: continued Building means any residential, commercial, industrial, recreational or other similar structure. For the purposes of 310 CMR 10.00, building may be interpreted to include a large, substantial structure such as a utility tower. Coastal Engineering Structure means, but is not limited to, any breakwater, bulkhead, groin, jetty, revetment, seawall, weir, riprap or any other structure that is designed to alter wave, tidal or sediment transport processes in order to protect inland or upland structures from the effects of such processes. Coastal Zone means that area defined in 301 CMR 20.02: Definitions. DMF means the Division of Marine Fisheries. Grain Size means a measure of the size of a material or rock particle that makes up sediment. Improvement Dredging means any dredging under a license in an area which has not previously been dredged or which extends the original dredged width, depth, length or otherwise alters the original boundaries of a previously dredged area. Interests of the Act means the following eight interests specified in M.G.L. c. 131, § 40: public or private water supply, ground water supply, flood control, storm damage prevention, prevention of pollution, protection of land containing shellfish and protection of fisheries and wildlife habitat. Issuing Authority means either a conservation commission or the Department, as appropriate. Littoral Processes means the movement of sediment, including gravel, sand or cobbles, along the coast caused by waves or currents. Maintenance Dredging means dredging under a license in any previously dredged area which does not extend the originally-dredged depth, width, or length but does not mean improvement dredging or backfilling. Marine Fisheries means any animal life inhabiting the ocean or its adjacent tidal waters or the land thereunder that is utilized by man in a recreational and/or commercial manner or that is part of the food chain for such animal life. Mean High Water Line means the line where the arithmetic mean of the high water heights observed over a specific 19-year metonic cycle (the National Tidal Datum Epoch) meets the shore and shall be determined using hydrographic survey data of the National Ocean Survey of the U.S. Department of Commerce. Mean Low Water Line means the line where the arithmetic mean of the low water heights observed over a specific 19-year metonic cycle (the National Tidal Datum Epoch) meets the shore and shall be determined using hydrographic survey data of the National Ocean Survey of the U.S. Department of Commerce. Minimize means to achieve the least amount of adverse effect that can be attained using best available measures or best practical measures, whichever is referred to in the pertinent section. "Best available measures" means the most up-to-date technology or the best designs, measures or engineering practices that have been developed and that are commercially available. "Best Practical Measures" means technologies, designs, measures or engineering practices that are in general use to protect similar interests. NPDES (National Pollutant Discharge Elimination System) Permit means the permit issued jointly by the federal and state governments, in accordance with 33 U.S.C. 1342 and M.G.L. c. 21, § 43, regulating liquid discharges from a point source. Productivity means the rate of biomass production over a period of time. 10.23: continued Resource Area means any coastal bank; coastal wetland; coastal beach; coastal dune; tidal flat; or any land under the ocean or under an estuary or under a salt pond; land subject to tidal action or coastal 100 year storm flowage; or land under certain streams, ponds, rivers, lakes, or creeks within the coastal zone that are anadromous/catadromous fish runs. Secretary means the Secretary of Energy and Environmental Affairs. Significant. A resource area shall be found to be significant to an interest of M.G.L. c. 131, § 40 when such resource area plays a role in the provision or protection, as appropriate, of public or private water supply, ground water supply, flood control, storm damage prevention, prevention of pollution, land containing shellfish, fisheries, and/or wildlife habitat. Turbidity means the amount of particulate matter suspended in water. Water Circulation means the pattern of water movement in coastal waters.