302 CMR 3.02 - Definitions

Act. M.G.L. c. 21A, § 11C.

Altering. Causing a direct or indirect change within any river corridor including, but not limited to, one or more of the following actions:

(a) changing pre-existing drainage characteristics, sedimentation patterns, flow patterns, flood storage retention areas and, where applicable, flushing characteristics and salinity distribution;

(b) draining or otherwise disturbing surface or groundwater levels;

(c) degrading water or air quality;

(d) changing the natural characteristics of the receiving water including, but not limited to, temperature and biochemical oxygen demand (BOD);

(e) causing any diversion of, or placing any obstruction to water, flow or navigation;

(f) driving pilings or erecting buildings or structures of any kind;

(g) grading, landscaping, or any activities or uses which change slope or topography;

(h) removing ground cover, vegetation or topsoil so as to increase erosion or sedimentation;

(i) destroying plant life, including the cutting of trees;

(j) causing adverse effects to freshwater fish or wildlife or to their habitat;

(k) impairing natural visual quality;

(l) discharging, releasing, or causing to be released, any contaminating materials, including sediments, from any source into the river corridor, either by overland flow or through a new or existing pipe or other conduit;

(m) lowering, polluting, or otherwise changing the level, quantity, or quality of ground water by performing any work within the river corridor.

Amendment. Any change in the allowed or prohibited activities or uses contained in any Order adopted under M.G.L. c. 21A, § 11C; any addition to or deletion of, including any change in the definition of, a river corridor as further defined in any Order; any addition to land within the river corridor; or any addition to any list of assessed owners adopted as part of the Order. An amendment shall not include a correction as defined in 302 CMR 3.02: Correction.

Assessed Owner. The person or persons to whom land within the river corridor was assessed in the last preceding annual tax levy.

Classification. The classification of rivers and streams within the river corridor.

Commissioner. The Commissioner of the Department of Conservation and Recreation.

Correction. Any minor change in the location of the river corridor boundary on a plan, the substitution or deletion of any name or names from the list of assessed owners adopted as part of any Order, or any typographical, grammatical or other correction which does not change the sense or meaning of any Order.

Department. The Department of Conservation and Recreation.

Dredging. The removal of materials including, but not limited to, rock, bottom sediment, debris, loam, peat, soil, sand, refuse, plant or animal matter, in any excavating, grading, cleaning, deepening, widening or lengthening, either permanently or temporarily, of any land within the river corridor. Dredging shall include improvement dredging, maintenance dredging, backfilling or other dredging and subsequent refilling.

Feet. Horizontal feet.

Filling. The placing of any material that raises, either temporarily or permanently, the existing elevation of any land within the river corridor.

Improvement Dredging. Any dredging 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.

Modification. Any amendment as defined in 302 CMR 3.02.

Natural Bank:

(a) In wetland areas, it means the landward edge of the salt or freshwater marsh, as defined in M.G.L. c. 131, § 40.

(b) In tidal rivers or streams, it means the landward edge of the mean annual high tide. Where emergent wetland vegetation is present, this boundary shall be identified as the landward edge of specific vegetative species which require periodic flushing and input of salt water to survive. (c) Where there is a natural or man-made structure containing the river or stream, it means the aquatic side of the structure which contains the river or stream at the mean annual high tide. (d) Where there are beaches, rocky shores or mud banks, the natural bank shall be the point at which the water's edge meets the land during the mean annual high tide.

(e) In freshwater rivers, it means the landward edge of the mean annual high water which usually occurs in the early spring.

(f) Where emergent wetland vegetation is present, this boundary shall be identified as the aquatic edge of the freshwater marsh or wetland as defined in M.G.L. c. 131, § 40.

Order. Any instrument issued by the Commissioner and approved by the Stewardship Council that imposes restrictions in any river corridor in accordance with M.G.L. c. 21A, § 11C.

Person. Any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or political subdivision thereof, any administrative agency, public or quasi-public corporation or body, or any other legal entity or its legal representative, agents or assigns.

Person Having an Interest. Any assessed owner or any holder of record of an easement, covenant, restriction or any other holder of any such property interest known to the Commissioner.

Plan. A line and symbol photo grammetric map or an orthophoto map which meets National Map Accuracy Standards, upon which the river corridor is delineated.

Polluting. Means, but is not limited to, the discharge, release or flow of any product, by-product, material or waste resulting from sewage, sewage processing, or from any agricultural, industrial, commercial, or other man-made process, any man-made thermal discharge, run-off, leachate, or any other substance in any form, which is or can be drained, discharged, infiltrated, or otherwise introduced into any river corridor.

Removing. Taking away any type of material that alters the elevation of any land within the river corridor.

Repeal. Rescinding of any Order, including the plan or plans and list of assessed owners incorporated with the Order.

Restriction. Any provision in any Order limiting activities or uses in any river corridor. A restriction shall be unlimited in time unless repealed by the Department.

River. A watercourse having a permanent source, well-defined course, and an outlet and which has continuous flow during portions of the year.

River Corridor. Any river or stream and land up to 300 horizontal feet from the natural bank of the river or stream, which has been included in an Order.

Scenic River. A scenic or recreational river or stream proposed for inclusion in, or included within, the river corridor.

Stewardship Council. The body created by M.G.L. c. 21, § 2.

Stream. A river as defined in 302 CMR 3.02.

Notes

302 CMR 3.02

Amended by Mass Register Issue 1352, eff. 11/17/2017.