General License Certification

(1) The General License. In accordance with M.G.L. c. 91, § 18C, the Department will issue a General License for noncommercial, small-scale, water-dependent structures accessory to a residential use. The General License shall be a final license signed by the Governor and may authorize eligible small-scale, water-dependent structures accessory to a residential use in lieu of an individual license. The General License shall be issued under the following procedures: (a) The draft General License will be posted on the Department website and published in the Environmental Monitor for a 30-day public comment period. After the close of the public comment period, the Department will issue the final General License and notify the public of its availability on the Department website. (b) The General License shall be in effect for a fixed term not to exceed 30 years for structures in coastal waters, and 15 years for structures in fresh waters, unless a shorter effective term is specified by the Department in the General License. (c) The General License shall be recorded at every Registry of Deeds in the Commonwealth, indexed under "Commonwealth of Massachusetts" as the Grantor. (d) The Department may amend or modify the General License in accordance with the procedures of 310 CMR 9.29(1)(a) through (c). (2) Projects Eligible for General License Certification. A Certification to the General License issued under 310 CMR 9.29(1) must be submitted for all proposed structures, previously unauthorized structures, and previously licensed structures applying for renewal, that meet the following eligibility criteria: (a) Are for a water-dependent, noncommercial use accessory to residential property; (b) Are for pile-supported (e.g., by wooden or metal posts) small-scale dock, pier, and similar structures with associated ramp(s) and float(s) that require no fill or dredging; (c) Are not located within an Area of Critical Environmental Concern (ACEC); (d) Are not located within a Designated Port Area (DPA); and (e) Otherwise meet the General License standards and procedures described in 310 CMR 9.29(3) and (4). The above thresholds are established for determination of eligibility only; structures licensed under 310 CMR 9.29 shall be the minimum size necessary to achieve the intended water-related purposes. (3) Standards. The General License contains specific conditions that will ensure that projects certified under 310 CMR 9.29 will meet the following performance standards which shall supersede the standards listed in 310 CMR 9.35 and 9.37. (a) An eligible project shall not: 1. Exceed the minimum size necessary to achieve the intended water-dependent use; 2. Extend beyond the length required to achieve safe berthing; 3. Impair the lines of sight necessary for navigation; 4. Interfere with access to adjoining areas by extending substantially beyond the projection of existing structures adjacent to the site; 5. Interfere with access or public rights associated with a public landing, easement, or other public access to water; 6. Generate water-borne traffic that would substantially interfere with other vessels; and 7. Impair in any other substantial manner the ability of the public to swim or float freely upon the waterways. (b) An eligible project shall: 1. Preserve all rights held by the Commonwealth in trust for the public to use tidelands, Great Ponds and other waterways for lawful purposes; 2. Preserve public rights of access on private tidelands for fishing, fowling, and navigation; 3. be structurally sound; and 4. meet all other standards and conditions stated in the General License, including but not limited to the dimensional criteria for flowed tidelands or fresh waters. (c) The Department may consider the cumulative impact of docks, piers and similar structures in a geographic area in determining whether a project is appropriate for coverage under a General License. (4) Certification Procedures. Unless otherwise specified in 310 CMR 9.29, the procedural requirements of 310 CMR 9.10 through 9.19, 9.21, 9.23 through 25, 9.34, 9.37, shall not apply to Certifications submitted under the General License issued pursuant to 310 CMR 9.29 and M.G.L. c. 91, § 18C. A Certification shall assert under the pains and penalties of perjury that the proposed project meets all eligibility requirements set forth in 310 CMR 9.29(2), and that the project proponent will comply with all standards and conditions of the General License. For purpose of authorizing eligible projects under the General License, the following certification procedure shall apply. (a) Application and Plans. A project proponent shall submit a completed Certification form provided by the Department, which shall be signed by the project proponent and landowner, if other than the project proponent. The Certification shall be prepared in accordance with the instructions contained in the Department's Certification package and include a copy of any legislative grant. The Certification shall include a plan that clearly demonstrates that the project meets the General License eligibility criteria of 310 CMR 9.29(2), will comply with all standards and conditions of the General License; and is drawn in accordance with the formatting and information requirements described in the Department's Certification package. When plans have been submitted with a Notice of Intent or referenced in an Order of Conditions under the Wetlands Protection Act, a copy of those plans shall accompany the application. When plans have not been prepared under the Wetlands Protection Act, a plot plan or other scaled plan with structures to be licensed measured accurately from lot lines or other fixed structures shall be prepared in accordance with the application instructions. (b) Coordination with Municipal Officials. The project proponent shall coordinate with the following municipal officials on the proposed project and provide an opportunity to comment prior to submitting the completed Certification package to the Department. 1. Planning Board. The project proponent shall submit to the planning board a statement and plan that includes the proposed use, location, dimensions and limits and mode of work to be performed, and describes the proposed project with sufficient detail for the planning board to determine if the proposed project complies with the eligibility criteria and applicable standards and conditions of the General License. The planning board may solicit the opinions of other municipal officials such as the board of selectmen, harbormaster or conservation commission. Within 45 days of receipt of an adequate statement from the project proponent, the planning board may submit a written opinion to the Department on whether the project meets the eligibility criteria listed in 310 CMR 9.29(2) and will comply with the standards and conditions of the General License and 310 CMR 9.29(3). The Department may affirm a Certification after the expiration of 45 days without local planning board comment or upon receiving notification from the local planning board that it does not oppose the project's eligibility for a Certification. 2. Conservation Commission. The project proponent shall provide to the Department adequate documentation with the Certification package that the project complies with the Wetlands Protection Act, in the form of an Order of Conditions, negative or conditionally negative Determination of Applicability, or Certificate of Compliance. 3. Zoning Compliance. The project proponent shall include on the Certification form a certification from the local Zoning Enforcement Officer that the project complies with applicable zoning ordinances and bylaws. (c) Public Notice. The project proponent shall publish in a newspaper of general circulation in the area where the project is located, a public notice including the proponent's name and address, the project location, a description of the project, and a statement that written comments will be accepted by the planning board within 30 days of the submittal of the statement to the planning board. At the same time the proponent submits its statement to the planning board, a copy of the public notice shall be distributed to the Municipal Official, harbormaster, if any, and the conservation commission. The notice shall indicate that the proposed project is under review by the planning board. No public hearing will be required by the Department for a General License Certification. The public notice of the project shall be published before or at the same time as the statement is provided to the planning board and other municipal officials and may be included in a public notice for the proposed project required by other applicable statutes or regulations, such as the Wetlands Protection Act. (d) Fees. Any Certification submitted to the Department shall include the applicable Certification form and payment of the applicable tidewater displacement or occupation fee described at 310 CMR 9.16. Notwithstanding the provisions of 310 CMR 9.16(3)(d) and (e) to the contrary, all such fees shall be paid in full by certified check or money order made payable to the Commonwealth of Massachusetts at the same time as the Certification is submitted to the Department. (e) Any change in use or structural alteration of a previously licensed structure that is eligible for the General License, regardless of when the structure was first licensed or certified, on or after the effective date of this section, shall require a new Certification. The new Certification shall be submitted to the Department for a shortened local review that includes only the planning board in accordance with 310 CMR 9.29(4)(b)1. and M.G.L. c. 18(C). The new Certification shall be submitted to the Department and Planning Board at least 60 days prior to the start of construction. (5) Decision on Certifications. The Department shall acknowledge receipt of a complete Certification package, or request additional information, within 60 days of the date of receipt by the Department. The submission of the Certification to the Department shall not occur until the latter of the completion of the public comment period or the expiration of the planning board's 45 day review period. The Department shall affirm the Certification if the project meets the eligibility criteria of 310 CMR 9.29(2), will comply with all standards and conditions of the General License, and the applicant has met all the requirements of 310 CMR 9.29(3) and (4), except that the Department shall not affirm a Certification if the planning board recommends that the project be subject to individual licensing. If an existing, previously unauthorized structure is found ineligible for Certification, an application shall be submitted for an annual local permit, a simplified license, or an individual license in accordance with 310 CMR 9.07, 9.10, or 9.11. (6) Terms of Certifications and Recording. (a) The term of the affirmed Certification shall expire on the same date as the General License, unless the Department specifies in its affirmation that a shorter term is necessary to protect the public interest. (b) The affirmed Certification, with the plan as an exhibit, shall be recorded at the Registry of Deeds within the chain of title of the affected property within 60 days of the date of the Department's affirmation. The Certification becomes valid on the date the affirmed Certification is recorded. Failure to record the Certification and accompanying plan within 60 days will render the Certification void in accordance with M.G.L. c. 91, § 18C. The applicant shall provide notification to the Department within 30 days of the recording in accordance with 310 CMR 9.18(2). (c) Work or change in use shall not commence until the affirmed Certification is recorded and the Department has received notification of the recordation. (d) All work authorized by an affirmed Certification under this General License shall be completed within five years of the date of the Department's affirmation. Said construction period may be extended by the Department for one or more one year periods without public notice, provided that the Applicant submits to the Department, 30 days prior to the expiration of said construction period, a written request to extend the period and provides an adequate justification for said extension. (7) Recertification and Transfer of Certifications from the Department. The Department may reissue a General License under the procedures of 310 CMR 9.29(1) twelve months prior to the expiration of the General License term. At least 90 days prior to the expiration of the General License, or the date of reissuance of the General License whichever is later, a person responsible for a structure with an affirmed Certification under the General License shall file a request for continued coverage with the Department. The Department may require planning board review in accordance with 310 CMR 9.29(4)(b)1. based on comments received about the structure or other relevant information. The Certification procedures of 310 CMR 9.29(4) shall apply to requests to recertify. (a) Projects meeting the eligibility provisions of 310 CMR 9.29(2), which previously obtained a license, simplified license, amnesty license or interim approval, shall request Certification under 310 CMR 9.29 instead of renewal, before the expiration of the previously issued license or interim approval. (b) Any person applying for a recertification under 310 CMR 9.29 shall compensate the Commonwealth for the rights granted in such lands through payment of an occupation fee, in accordance with the provisions of 310 CMR 9.16. (c) Unless otherwise provided in the Certificate, a valid affirmed Certificate shall run with the land and shall automatically be transferred upon a change of ownership of the affected property within the chain of title of which the license has been recorded. All rights, privileges, obligations, and responsibilities specified in the General License shall be transferred to the new landowner upon recording the changed ownership in the Registry of Deeds. (8) Appeals. The appeal provisions of 310 CMR 9.17 shall apply to the issuance of a General License. Copies of a Notice of Claim filed concerning the issuance of a General License pursuant to 310 CMR 9.29 shall be provided as required by 310 CMR 9.17(2) and (3) to the extent applicable. The appeal provisions of 310 CMR 9.17 shall not apply to the Certification of a project under the General License issued in accordance with 310 CMR 9.29. (9) Enforcement, Suspension or Revocation of a Certification under a General License. The enforcement provisions of 310 CMR 9.08 shall apply to any structure eligible for certification or Certified under the General License pursuant to 310 CMR 9.29. The Department shall perform annual audits to monitor compliance with the General License standards and conditions in accordance with M.G.L. c. 91, § 18C. Consistent with the provisions of 310 CMR 9.26, the Department may revoke a Certification for non-compliance with the standards and conditions set forth in the General License or the individual Certification.