310 CMR 12.02 - Definitions

Act means M.G.L. c. 130, § 105.

Altering means causing change, directly or indirectly within any coastal wetland and includes, but is not limited to, one or more of the following actions:

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

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

(c) degrading water quality;

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

(e) placing any obstruction to water flow;

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

(g) discharging, releasing, or causing to be released, any contaminating materials, including sediments, from any source into a coastal wetland whether by overland flow or through a new or existing pipe or other conduit;

(h) causing adverse effects to wildlife, shellfish or other marine fisheries, or to their habitat;

(i) lowering, polluting, or otherwise changing the level, quantity, or quality of ground water by doing any work in a coastal wetland.

Amendment means any change in the allowed or prohibited activities or uses contained in any Order adopted underthe Act; any addition to or deletion of, including any change in the definition of, the types of coastal wetlands defined in any Order; any addition to or deletion of any wetland areas; 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 310 CMR 12.02 Correction .

Assessed owner means the person to whom land within a coastal wetland affected by an Order was assessed in the last preceding annual tax levy.

Bank means the seaward face or side of any elevated landform which lies at the landward edge of a coastal beach, land subject to tidal action or coastal storm flowage, or any other coastal wetland.

Contiguous land means any area landward of and adjacent to any coastal wetland or low land subject to tidal action or coastal storm flowage, which the Commissioner deems necessary to include in any Order to protect any interest of M.G.L. c. 130, § 105.

Coastal wetland means any bank, marsh, swamp, meadow, flat or other low land subject to tidal action or coastal storm flowage and such contiguous land as the Commissioner deems necessary to include in any Order pursuant to M.G.L. c. 130, § 105.

Commissioner means the Commissioner of the Department of Environmental Protection.

Correction means any minor change in the location of the wetland boundary line on a plan, for the purpose of describing the correct wetland boundary, the substitution or deletion of any name or names from the list of assessed owners adopted as part of any order as long as this does not include the deletion of any wetland area, or anytypographical, grammatical or other change which does not alter the sense or meaning of any Order.

Department means the Department of Environmental Protection.

Dredging means the removal of materials including, but not limited to, rocks, bottom sediments, debris, sand, refuse, plant or animal matter, in any excavating, grading, cleaning, deepening, widening or lengthening, either permanently or temporarily, of any coastal wetland. Dredging shall include improvement dredging and backfilling or other dredging and subsequent refilling.

Filling means the placing of any material that raises, either temporarily or permanently, the existing elevation of any coastal wetland.

Flat means any nearly level area which typically extends from the mean low water line landward to the more steeply sloping seaward face ofthe coastalmarshor other landform or which may be separated from the coastal marsh or other landform by tidal waters.

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 boundaries of a previously dredged area.

Land affected by an Order means any land that is subject to any restriction under an Order.

Low land subject to tidal action or coastal storm flowage means any land between mean low water or any other seaward boundary of theCommonwealth, and the landward boundary of the 100 year flood, as determined by the Department of Housing and Urban Development pursuant to the National Flood Insurance Program or by any other scientifically reliable determination. Such areas shall include, but not be limited to, land under salt ponds, land containing shellfish, rocky intertidal shores, coastal beaches, barrier beaches, coastal dunes, banks, marshes and flats.

Maintenance Dredging means dredging under a license in any previously dredged area which does not extend the originally dredged width, depth, or length, but does not mean improvement dredging or backfilling.

Marsh means a salt marsh or coastal wetland that extends landward up to the highest tide line, that is, the highest spring tide of the year, and is characterized by plants that are well adapted to or prefer living in saline soils. Dominant plants within salt marshes are salt meadow cord grass (Spartina patens) and/or salt marsh cord grass (Spartina alterniflora). A salt marsh may contain tidal creeks, ditches, and pools.

Meadow means any marsh as defined in 310 CMR 12.02 Marsh.

Mean low water line means the arithmetic mean of the low water heights observed over a specific 19-year Metonic cycle (the National Tidal Datum Epoch) and shall be determined using the nautical charts, harbor charts series (1:50,000 and larger), prepared by the National Ocean Survey, U.S. Department of Commerce. For those coastalareas not covered bysuchpublished harbor charts, the mean low water line shall be determined using hydrographic survey data obtainable fromthe National Ocean Survey.

Modification means any amendment as defined in 310 CMR 12.02 Amendment.

Order means any instrument issued by the Commissioner that imposes restrictions on any coastal wetland in accordance with M.G.L. c. 130, § 105.

Person means 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 corporationor body, or any other legal entity or its legal representative, agents or assigns.

Person having an interest means any assessed owner or any holder of record of aneasement, covenant, restriction or any other property interest or any other holder of any such property interest known to the Commissioner.

Plan means a map made by surveying techniques, a line and symbol photogrammetric map or an orthophoto map, which meets National Map Accuracy Standards, upon which coastal wetlands are 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 or infiltrated, or otherwise introduced into any coastal wetland.

Removing means to take away any type of material that alters the elevation of any coastal wetland.

Repea l means the rescinding of any Order, including the plan or plans and list of assessed owners incorporated with the Order.

Restriction means any provision in any Order limiting activities or uses in or on coastal wetlands. A restriction shall be unlimited in time unless repealed.

Shellfish means, but is not limited to, the following species: Bay scallop (Argopecten irradians); Blue Mussel (Mytilus edulis); Ocean Quahaug (Arctica islandica); Oyster (Crassostrea virginica); Quahaug (Mercenaria mercenaria); Razor Clam (Ensis directus); Sea Clam (Spisula solidissima); Sea Scallop (Placopecten magellanicus); and Soft Shell Clam (Mya arenaria).

Swamp means any marsh as defined in 310 CMR 12.00.

Wetland area means any coastal wetland delineated by a continuous boundary line which encloses that wetland, or any coastal wetland for which the aquatic or seaward boundary is mean low water, and which may include lands held by more than one assessed owner.

Notes

310 CMR 12.02