(1)
Authorization of Projects by the Department. Written
authorization in the form of a license, permit, or amendment thereto must be
obtained from the Department before the commencement of one or more activities
specified in 310 CMR
9.03(2) and (3) or
310 CMR
9.05 and located in one or more geographic
areas specified in
310 CMR
9.04, unless the legislature has specifically
exempted any such activity(ies) from Department jurisdiction under M.G.L. c.
91.
(2)
Oversight of
Certain Work Authorized by the Legislature. In accordance with
M.G.L. c. 91, ยง 20, no person shall undertake any work authorized by the
legislature and subject to M.G.L. c. 91 in accordance with 310 CMR
9.03(1),
until said person has given written notice thereof to the Department, in the
form of a license or permit application, and has submitted plans for such work
which conform with the application requirements of
310 CMR
9.00. The Department may alter such plans and impose
conditions in the license or permit, which shall be consistent with the
legislative authorization and issued in accordance with
310 CMR
9.31(4). All work so
authorized shall conform with the plans and conditions contained in said
license or permit, and shall not commence until said license or permit has been
issued.
In accordance with the Boston Waterfront decision of the
Supreme Judicial Court, grants by the legislature of tidelands below the
historic low water mark are subject to a condition subsequent that such
tidelands be used for the public purpose for which they were granted, and the
rights of the grantee to those tidelands are ended when that purpose is
extinguished. If the present use of such tidelands has changed from the public
purpose for which they were granted, authorization shall be obtained from the
Department, in the form of a license pursuant to
310 CMR
9.00, in order to establish that such change of use
serves a proper public purpose.
(3)
Activities of the
Massachusetts Port Authority. In accordance with its Enabling Act,
St. 1956, c. 465, the Massachusetts Port Authority (Massport) may undertake the
following activities within the following geographic areas without written
authorization in the form of a license or permit from the Department:
(a) any project consisting entirely of
water-dependent-industrial uses or accessory uses thereto on previously filled
or flowed tidelands within the Port of Boston; or
(b) any project authorized by said Enabling
Act on previously filled tidelands within the geographical boundary of Logan
Airport, so long as it is operated as an airport.
Except as provided in 310 CMR 9.03(3)(b), Massport shall obtain
a license or permit pursuant to M.G.L. c. 91 for any project consisting
entirely of uses other than water-dependent-industrial uses. With regard to all
other future Massport projects, Massport and the Department shall develop an
MOU, which shall be executed by the effective date of
310 CMR
9.00, in order to further clarify the Department's
jurisdiction under M.G.L. c. 91 relative to the purposes, powers, and plans of
Massport's Enabling Act, St. 1956, c. 456, as amended.