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7/30/2019 DPA_MHP_Kathryn Glenn Power Points June 1 13
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Part of EEA
Balance use andresource
protection
Fosterpartnerships
Promote sound
coastal
management
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General technical
assistanceMHP regulatory
guidance
Review MHPsubmittals (onbehalf of EEA
Secretary)Assistance through
RC
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Ch. 91
ImplementationProtection and
promotion of
public use oftidelandsMHP regulatory
guidanceCh. 91 permit
authority
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2,000 year old
principlePublic has
fundamental rights
to air, sea, shoreState as trustee of
the publics rights
has responsibilityto protect theseinterests
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Primary tool to
implementprotection of publicuse of tidelands
Coastal and inlandwaterwaysAny activity that
takes place withinjurisdiction requiresauthorization
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Where is Chapter 91
Jurisdiction? Flowed Tidelands Any project in, on, over, or
under tidal waters seaward ofmean high water (MHW)
Extends 3 miles seaward
(state jurisdiction) Filled Tidelands (lands that
were formerly flowedtidelands) In a DPA, all filled tidelands
(to Historic High Water(HHW) Outside a DPA, to first public
way or 250 from MHW(whichever more landward)
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There are 11 DPAs inMassachusetts
Gloucester, Beverly, Lynn, Salem
Mystic River, Chelsea Creek,East Boston, South Boston,
Weymouth Fore River
New Bedford-Fairhaven, FallRiver
Based on physical andoperationalfeatures needed to support waterdependent industry
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Waterway and associatedwaterfront developed toaccommodate commercialnavigation or otherutilization of the water;
Landside spacewith
physical and use characterthat supports siting ofindustrialfacilities/operations
Appropriate land-based
transportation routes andutilities for industrial use
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DPA Policy: protect limited developed
shoreline resources for industrial uses thatcannot be sited elsewhereBasis:
Industrial uses need appropriate physical attributes
Coastal areas with these essential developedattributes are limited
Unlikely that new developed shoreline can becreated
Once converted from industrial character, notlikely to revert back Non-industrial uses can be sited in other locations
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Approximately1.7% of
Massachusetts
coastline is DPA
Remainder of
coast does not
have the essential
physical attributes
to support WDI
uses
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Approximately
3.7% ofGloucester
coastline is DPA
Remainder ofcoast does not
have the essential
physical
attributes tosupport WDI uses
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State does not require harborplans
Harbor Plans guide the growthand development of harbors
Community can do harborplanning with no stateinvolvement
Community develops vision forharbor
Identifies key issues
Develops goals and objectives forharbor and action items to
address these Action items are implementedlocally
Actions/projects on the waterfrontmust comply with local zoningand existing state regulations
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Voluntary Community can modify
some Ch. 91 rules to fitgoals for the harbor
Changes must beconsistent with state
tidelands policy MHP reviewed and
approved by Secretaryof EEA
Approved MHP guidesDEP Chapter 91licensing decisions
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Part of the MHPCommunity specifies
allowable SupportingDPA uses
Can request flexibilityMust
preserve/enhance
capacity of the DPA toaccommodate WDIuses
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Water Dependent Industrial(WDI)
Accessory to WDISupporting DPA Uses
Temporary Uses
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Industrial in nature and waterdependent
Examples: Marine terminals/facilities for
waterborne commerce
Passenger vessel facilities
Manufacturing facilities relying on
goods arriving via water Commercial fishing/processing facilities
Facilities for construction/maintenanceof vessels or other marine structures(boatyard, storage, dry docks, etc)
Hydroelectric power facilities
Industrial facilities dependent onwithdrawal or discharge of largevolumes of water
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Uses associated
with WDI usesCannot exist on
their own
Examples: Roadways
Parking
Administration offices
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Commercial or industrial
uses Provide direct economic or
operational support to WDIuse
Differ from accessoryusecan exist without WDIuse
Certain uses prohibited byregulation (hotel/motel,rec boating, officebuildings, etc.
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Allowed for maximum of 10 years
Intended to fill vacant spaces/facilitiesExamples:
Parking
Warehousing
Trucking
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CZM responsible for
DPA boundaryreview
Can be requested
by: City or town
Port authority/Regional
planning agency
DPA Property owner
Ten citizens
3 Key DPA Attributes
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Kathryn Glenn
North Shore Regional Coordinator
MA CZM2 State Fish Pier
Gloucester MA 01930
978-281-3972