Engineering and Construction Standards

(1) All fill and structures shall be designed and constructed in a manner that: (a) is structurally sound, as certified by a Registered Professional Engineer; (b) complies with applicable state requirements for construction in flood plains, in accordance with the State Building Code, 780 CMR and as hereafter may be amended, and will not pose an unreasonable threat to navigation, public health or safety, or adjacent buildings or structures, if damaged or destroyed in a storm; and (c) does not unreasonably restrict the ability to dredge any channels. (2) In the case of a project within a flood zone, the project shall comply with the following requirements: (a) In coastal high hazard areas as defined in 310 CMR 9.02, new or expanded buildings for residential use shall not be located seaward of the high water mark. (b) New buildings for nonwater-dependent use intended for human occupancy shall be designed and constructed to: 1. withstand the wind and wave forces associated with the statistical 100-year frequency storm event; and 2. incorporate projected sea level rise during the design life of the buildings; at a minimum, such projections shall be based on historical rates of increase in sea level in New England coastal areas. (3) Projects with coastal or shoreline engineering structures shall comply with the following: (a) any seawall, bulkhead, or revetment shall be located landward of the high water mark unless it must lie below the high water mark to permit proper tieback placement, to obtain a stable slope on bank areas, or to be compatible with abutting seawalls, bulkheads, or revetments in terms of design, size, function, and materials, or unless it is associated with new fill permitted according to the provisions of 310 CMR 9.32; (b) any breakwater or similar structure designed to dissipate or otherwise reduce wave energy or to interfere with current flow shall not: 1. cause or contribute to water stagnancy; 2. reduce the ability of adjacent water bodies to flush adequately; or 3. cause or contribute to sedimentation problems in adjacent or nearby navigation channels, anchorages, or wetland resource areas, or cause increased erosion to inland or coastal beaches, banks, or other wetland resource areas; (c) in evaluating coastal or shoreline engineering structures, the Department shall require non-structural alternatives where feasible; (d) the Department shall evaluate coastal or shoreline engineering structures for compatibility with abutting coastal or shoreline engineering structures in terms of design, size, function, and materials; (e) if the Department finds significant adverse effects on the project site or adjacent or downcoast and downstream areas after construction of any coastal or shoreline engineering structure, the Department may, after an opportunity for a hearing, require modification of said structure the cost of which may not exceed 25% of the replacement cost of said structure, or may require the removal of said structure; 310 CMR 9.37(3)(e) shall be specifically stated in the license. (4) Pipelines and conduits and their valves and protrusions shall be buried so that they will not present a hazard to navigation; will be adequately protected from scouring; will not be uncovered by sediment transport; and will not present a hazard or obstruction to fishing gear. Bottom contours shall be restored after burial. Pipelines carrying hazardous substances (e.g., oil) shall also be protected from anchor dragging and fish trawls. When the burial of pipelines, conduits, valves, and protrusions is not feasible, equivalent protection shall be provided by shrouding or other means.