Public comments wanted: Mass. environmental agency plans new rules for waterfronts

Susan Vaughn
·6 min read

The Massachusetts Department of Environmental Protection is proposing new waterways regulations for the entire commonwealth to address the impacts of climate change, including sea level rise, storm surge and increased precipitation for existing and proposed structures along the waterfront.

"The extreme weather that we’re seeing across the commonwealth, across the nation, across the globe, in some instances, is another reminder that climate change is here in Massachusetts and that we are particularly vulnerable to both inland and coastal flooding,” Department of Environmental Protection Commissioner Bonnie Heiple said in announcing the draft regulations late last month in a press conference.

“We’ve seen infrastructure fail. We’ve seen significant damage to homes and businesses, including farms, and we’re seeing the economic ramifications of that as well,” Heiple said, noting the highest total rainfall on record last summer in Boston.

Massachusetts Department of Environmental Protection Commissioner Bonnie Heiple, in July
Massachusetts Department of Environmental Protection Commissioner Bonnie Heiple, in July

The state environmental agency has been working on the regulation updates for a few years, which will make changes to the state Wetlands Protection Act and waterways regulations. The department has been gathering comments on the proposals from local municipalities and organizations that work with local communities, such as conservation commissions, including 10 sessions and 25 presentations, Edmund Coletta, the agency's director of public affairs, said in a phone call.

“It’s been pretty extensive outreach,” Coletta said.

Public comment period on the regulations will continue to March 1.

Public input is sought

Three virtual public information sessions on the proposed regulations will be held — two on Jan. 18 and one on Jan. 23. Public hearings will be held on Zoom on Jan. 31 and Feb. 1.

The state agency oversees Chapter 91, the waterways licensing program, the commonwealth's primary tool for protection and promotion of public use of its tidelands and both coastal and inland waterways including construction, dredging and filling in tidelands, great ponds and certain rivers and streams. Chapter 91 is the oldest program of its kind in the country.

The proposed wetlands regulations would protect the coastal floodplain, which hosts nearly $55 billion in structures, of which about $40 billion is residential, $12 billion is industrial, and $2.5 billion is commercial, according to the agency. Nearly 2.5 million people live within the 78 coastal communities in Massachusetts

Coletta said the regulations do not designate specific towns that might be affected, such as on the Cape, but refers to “velocity zones” where wave actions tend to be over three feet tall. Heiple said in those “outermost areas” there would be no new development permitted, but redevelopment would still be allowed subject to certain standards.

She added that about 10% of this "most vulnerable" section of the coastal floodplain will be covered by these new development-restricting regulations. "It's actually quite a small slice when you see the mapping. It's little bits and pieces of the coastline that are still available," she said.

Restricting development

Heiple told reporters that restricting development in these areas is better for the community and the natural environment, as well as homeowners, who would have to pay to keep up with extensive property damage every year, according to a State House News Service report.

The department will assist current and potential Chapter 91 licensees by modifying certain requirements to prepare for sea level rise, while maintaining public access and other public benefits. It proposes to require consideration of projected sea level rise for all fill and structures, within and outside current flood zones, and for the design life of the fill, structure or public facilities — not just buildings.

Moving utilities from basement is a typical first step

A summary of the proposed revisions said they “would modify the height requirements to allow licensees to move utilities from the basement where flooding is likely to occur to the roof. It would also allow solar panels. Moving utilities out of the flood zone is a typical first step for building owners as they prepare for sea level rise.”

The standards will also require elevation of new development in the areas of the coastal floodplain.

The regulations also encourage nature-based approaches to improve resilience, such as restoration of salt marshes, coastal dunes and barrier beaches on the coast, as well as inland wetlands. Updated stormwater management standards will reduce stormwater pollution to water bodies throughout the state, helping to improve the water quality of our rivers and streams, the regulations state.

Further, the regulations state they are designed to be flexible for homeowners and families. Single-family homes and housing development with four or fewer units are exempted from the stormwater requirements of the wetlands regulations and new housing developments with five to nine units per lot must meet new standards only to the extent possible.

Cape Cod Commission currently reviewing proposed regulations

On the Cape, the Cape Cod Commission staff are currently reviewing the state's proposed wetlands and stormwater regulations, Sarah Colvin, communications manager for the commission said in an email.

“The Commission is doing considerable work in this area, which we anticipate will complement the proposed regulations. Our work includes a project that began in January 2023 to develop model wetland regulations and a model zoning bylaw with identified strategies to mitigate and adapt to coastal changes."

The project is funded by a grant from the Massachusetts Executive Office of Energy and Environmental Affairs, Colvin said.

The commission also is working with Cape Cod Cooperative Extension and other agencies as well as the towns of Provincetown, Truro, Wellfleet, Eastham and Chatham in developing regulatory tools designed to help them regulate development within the floodplain and improve resiliency to climate change threats.

“This project both complements the proposed new regulations and goes beyond, giving Cape Cod towns the opportunity to regulate for future floodplain delineation,” Colvin’s report said. “These model regulations may address unsecured structures in the floodplain, damage to seawalls and bulkheads, and planning for future conditions. These regulations will help communities regulate development in areas that will become increasingly vulnerable to the threat of flooding from coastal storms and sea level rise.”

Web Link to View Regulations: https://www.mass.gov/regulations/310-CMR-900-the-massachusetts-waterways-regulation

Public Hearing and Comment Information:

Massachusetts Department of Environmental Protection will conduct two public information sessions:

Massachusetts Department of Environmental Protection will conduct two public hearings:

Written comments will be accepted until 5:00 p.m. on March 1. The department encourages electronic submission by email to dep.waterways@mass.gov and must include Waterways Resilience Comments in the subject line. In lieu of electronic submittal, paper comments may be mailed to:

MassDEP - BWR Waterways ProgramAttention: Waterways Resilience Comments100 Cambridge Street, 9th FloorBoston, MA 02114

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This article originally appeared on Cape Cod Times: State intends to address impacts of climate change on waterfront