Abutter means the owner of land which shares, along the water's edge, a common boundary or corner with a project site, as well as the owner of land which lies within 50 feet across a water body from such site. Ownership shall be determined according to the records of the local tax assessors office.
Accessory Use means a use determined to be accessory to a water-dependent use, in accordance with the provisions of 310 CMR 9.12(3).
Aggrieved Person means any person who, because of a decision by the Department to grant a license or permit, may suffer an injury in fact, which is different either in kind or magnitude, from that suffered by the general public and which is within the scope of the public interests protected by M.G.L. c. 91 and c. 21A.
Applicant means any person submitting a license or permit application or other request for action by the Department pursuant to 310 CMR 9.00, and shall include the heirs, assignees, and successors in interest to such person.
Approved Municipal Harbor Plan means any Municipal Harbor Plan listed in 310 CMR 9.57(1).
Area of Critical Environmental Concern (ACEC) means an area which has been so designated by the Secretary pursuant to 301 CMR 12.00: Areas of Critical Environmental Concern.
Base Flood Elevation means the maximum elevation of flood water, including wave heights if any, which will theoretically result from the statistical 100-year frequency storm. Said elevation shall be determined by reference to the most recently available flood profile data prepared for the municipality within which the work is proposed under the National Flood Insurance Program, currently administered by FEMA; and in accordance with Wetlands Protection Act regulations at 310 CMR 10.57: Land Subject to Flooding (Bordering and Isolated Areas).
Beach Nourishment means the placement of clean sediment, of a grain size compatible with existing beach sediment, on a beach to increase its width and volume for purposes of storm damage prevention, flood control, or public recreation. The seaward edge of the nourished beach shall not be confined by any structure.
Berth means any space wherein a vessel is confined by wet slip, dry stack, float, mooring, or other type of docking facility.
Boatyard means a facility whose function is the construction, repair, or maintenance of boats, which may include boat storage and docking for boatyard services.
Boston Waterfront Decision means the decision of the Massachusetts Supreme Judicial Court in Boston Waterfront Development Corporation vs. Commonwealth, 378 Mass. 629, 393 N.E.2d 356 (1979).
Channel means a navigable route for the passage of vessels, established by customary use or under the authority of federal, state, or municipal law.
Coastal Atlas means the volume of maps of the coastal zone at a scale of 1:40,000 prepared as part of the CZM Program and available for public review at CZM offices.
Coastal Beach means unconsolidated sediment subject to wave, tidal, and coastal storm action which forms the gently sloping shore of a body of salt water and including tidal flats. Coastal beaches extend from the low water line landward to the dune line, coastal bank line or the seaward edge of existing man-made structures, when these structures replace one of the above lines, whichever is closest to the ocean.
Coastal Dune means any natural hill, mound or ridge of sediment landward of a coastal beach deposited by wind action or storm overwash. Coastal dune also means sediment deposited by artificial means and serving the purpose of storm damage prevention or flood control.
Coastal High Hazard Area means an area subject to high velocity waters, as defined in accordance with FEMA regulations and as designated on a Flood Insurance Rate Map, as issued and as may be revised or amended hereafter by FEMA.
Coastal or Shoreline Engineering Structure means any breakwater, bulkhead, groin, jetty, revetment, seawall, weir, riprap or any other structure which by its design alters wave, tidal, current, ice, or sediment transport processes in order to protect inland or upland structures from the effects of such processes.
Coastal Processes means natural forces which can modify coastal lands and waters through the action of wind, waves, tides, currents, or ice.
Coastal Zone means that area subject to the CZM Program and defined in 301 CMR 20.02: Definitions.
Combined Application means an application that may serve as a Notice of Intent pursuant to 310 CMR 10.00: Wetlands Protection, an application for a 401 Water Quality Certification pursuant to 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth, and/or an application for a Chapter 91 license, permit or other written approval for a water-dependent use pursuant to 310 CMR 9.00. Notwithstanding the foregoing, a Combined Application may not serve as an application for an annual permit for a mooring, float, raft or small structure accessory to a residence in accordance with 310 CMR 9.07, an application for a Chapter 91 license for a small structure accessory to a residence in accordance with the simplified process set forth in 310 CMR 9.10, or the certification submitted as an application for a General License in accordance with 310 CMR 9.29.
Combined Permit means a decision issued in response to a Combined Application that serves as two or more of the following: a Superseding Order of Conditions issued pursuant to 310 CMR 10.00: Wetlands Protection; a 401 Water Quality Certification issued pursuant to 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth; and/or a Chapter 91 permit, license or other written approval issued pursuant to 310 CMR 9.00.
Commonwealth Tidelands means tidelands held by the Commonwealth, or by its political subdivisions or a quasi-public agency or authority, in trust for the benefit of the public; or tidelands held by a private person by license or grant of the Commonwealth subject to an express or implied condition subsequent that it be used for a public purpose. In applying 310 CMR 9.02: Definitions: Commonwealth Tidelands, the Department shall act in accordance with the following provisions:
(a) the Department shall presume that tidelands are Commonwealth tidelands if they lie seaward of the historic low water mark or of a line running 100 rods (1650 feet) seaward of the historic high water mark, whichever is farther landward; such presumption may be overcome only if the Department issues a written determination based upon a final judicial decree concerning the tidelands in question or other conclusive legal documentation establishing that, notwithstanding the Boston Waterfront decision of the Supreme Judicial Court, such tidelands are unconditionally free of any proprietary interest in the Commonwealth;
(b) the Department shall presume that tidelands are not Commonwealth tidelands if they lie landward of the historic low water mark or of a line running 100 rods (1650 feet) seaward of the historic high water mark, whichever if farther landward; such presumption may be overcome only upon a showing that such tidelands including, but not limited to, those in certain portions of the Town of Provincetown, are not held by a private person.
Commissioner means the Commissioner of the Department of Environmental Protection (DEP).
CZM means the Massachusetts Coastal Zone Management Office.
CZM Program means the Massachusetts Coastal Zone Management Program established pursuant to M.G.L. c. 21A and codified in 301 CMR 20.00: Coastal Zone Management Program.
Date of Receipt means the date of delivery to an office, home or usual place of business by mail or hand delivery. The Department will presume that a document is received three business days after it is mailed, certified mail return receipt requested, to the correct address, unless good cause is shown otherwise.
DCR means the Department of Conservation and Recreation.
Department means the Department of Environmental Protection (DEP).
Designated Port Area (DPA) means an area that has been so designated by CZM in accordance with 301 CMR 25.00: Designation of Port Areas.
Development Site means the area owned, controlled, or proposed for development by the applicant in which a project will occur.
DPA Master Plan means the component of an Approved Municipal Harbor Plan pertaining to lands and waters of a DPA within the municipality. Such master plan or...
