Designated Port Areas

(1) Preamble. Land under the ocean in designated port areas is likely to be significant to marine fisheries, storm damage prevention and flood control. In designated port areas, salt marshes, coastal dunes, land under salt ponds, coastal beaches, tidal flats, barrier beaches, rocky intertidal shores and land containing shellfish are not likely to be significant to marine fisheries, storm damage prevention or flood control. Many species of marine fisheries, including anadromous fish, may inhabit port areas. Anadromous fish may need to be able to pass through port areas to inland spawning areas or to the sea. Other species frequently feed in designated port areas due to high nutrient concentrations in the waters and the tidelands. Designated port areas, which are portions of developed harbors, are usually located in estuaries. Relatively high concentrations of contaminants, from vessel discharges and point and non-point source discharges, are likely to occur in port areas. Water circulation patterns tend to distribute pollution throughout the estuary, and to other areas which are likely to be significant to other interests of M.G.L. c. 131, § 40. Land forms in designated port areas have been greatly altered from their natural shape, and coastal engineering structures often have replaced natural protection for upland areas from storm damage and flooding. 10.26: continued Land under the ocean often provides support for such structures. Some proposed activities may alter wave and current patterns so as to affect the stability of such structures or the depths or configurations of navigation channels. Where a proposed project involves dredging, filling, removing, or altering land under the ocean in designated port areas, the issuing authority shall presume that the area is significant to marine fisheries, storm damage prevention and flood control. These presumptions may be overcome only upon a clear showing that land under the ocean in designated port areas does not play a role in the protection of marine fisheries, storm damage prevention or flood control, or that a salt marsh, coastal dune, land under a salt pond, coastal beach, tidal flat, barrier beach, rocky intertidal shore or land containing shellfish, in designated port areas, does play a role in marine fisheries, storm damage prevention or flood control, and if the issuing authority makes a written determination to such effect. When a proposed project in a designated port area is on land under the ocean which is determined to be significant to marine fisheries, the following factors are critical to the protection of such interests: (a) water circulation; and (b) water quality. When a proposed project in a designated port area is on land under the ocean which is determined to be significant to storm damage prevention or flood control, the ability of such land to provide support for adjacent coastal or human-made structures is critical to the protection of such interests. (2) Definition. Designation of Port Areas means those areas designated in 301 CMR 25.00: Designation of Port Areas. WHEN LAND UNDER THE OCEAN IN DESIGNATED PORT AREAS IS FOUND TO BE SIGNIFICANT TO THE PROTECTION OF MARINE FISHERIES, STORM DAMAGE PREVENTION OR FLOOD CONTROL, 310 CMR 10.26(3) AND (4) SHALL APPLY: (3) Projects shall be designed and constructed, using best practical measures, so as to minimize adverse effects on marine fisheries caused by changes in: (a) water circulation; (b) water quality, including, but not limited to, other than natural fluctuations in the level of dissolved oxygen, temperature or turbidity, or the addition of pollutants. (4) Projects shall be designed and constructed, using the best practical measures, so as to minimize, adverse effects on storm damage prevention or flood control caused by changes in such land's ability to provide support for adjacent coastal banks or adjacent coastal engineering structures.