CH 91-guide
Chapter 91 Process Guide
Tips for Planning Board Members for review of noncommercial small-scale
docks, piers and similar structures accessory to residential use
The Planning Board routinely receives applications for Chapter 91 applications for general licenses. These
applications are typically for noncommercial small-scale docks, piers and similar structures accessory to
residential use.
Massachusetts General Law Chapter 91, the waterways licensing program, is The Commonwealth's
primary tool for protection and promotion of public use of its tidelands and other waterways .
310 CMR 9.00 is administered by the Department of Environmental Protection (DEP) under the authority
of M.G.L. Chapter 91, § 18 to establish procedures, criteria, and standards for uniform and coordinated
administration of the provisions of M.G.L. Chapter 91.
Massachusetts General Law Chapter 91 §18C & 310 CMR 9.29 refer to noncommercial small-scale docks,
piers and similar structures accessory to residential use and the Planning Board’s role.
Massachusetts General Law Chapter 91 §18C
310 CMR 9.29
Together these make up the procedures for the local review of all noncommercial small-scale docks, piers
and similar structures accessory to residential use.
Purpose
The general purposes served by 310 CMR 9.00 are to:
(a) Protect and promote the public's interest in tidelands, Great Ponds, and non -tidal rivers and streams in accordance
with the public trust doctrine, as established by common law and codified in the Colonial Ordinances of 1641 -47
and subsequent statutes and case law of Massachusetts;
(b) Preserve and protect the rights in tidelands of the inhabitants of the Commonwealth by ensuring that the tidelands
are utilized only for water-dependent uses or otherwise serve a proper public purpose;
(c) Protect the public health, safety, and general welfare as it may be affected by any project in tidelands, great ponds,
and non-tidal rivers and streams;
(d) Support public and private efforts to revitalize unproductive property along urban waterfronts, in a manner that
promotes public use and enjoyment of the water; and
(e) foster the right of the people to clean air and water, freedom from excessive and unnecessary noise, and the
natural, scenic, historic, and esthetic qualities of their environment unde r Article XCVII of the Massachusetts
Constitution.
Eligibility
A Certification to the General License issued under 310 CMR 9.29(1) must be submitted for all proposed structures,
previously unauthorized structures, and previously licensed structures apply ing for renewal, that meet the following
eligibility criteria:
(a) Are for a water-dependent, noncommercial use accessory to residential property;
(b) Are for pile-supported (e.g., by wooden or metal posts) small-scale dock, pier, and similar structures with
associated ramp(s) and float(s) that require no fill or dredging;
(c) Are not located within an Area of Critical Environmental Concern (ACEC);
(d) Are not located within a Designated Port Area (DPA); and
(e) Otherwise meet the General License standards and procedures described in 310 CMR 9.29(3) and (4). The above
thresholds are established for determination of eligibility only; structures licensed under 310 CMR 9.29 shall be the
minimum size necessary to achieve the intended water-related purposes.
Standards
The General License contains specific conditions to ensure that all projects certified under 310 CMR 9.29 will meet the
following performance standards:
(a) An eligible project shall not:
1. Exceed the minimum size necessary to achieve the intended water -dependent use;
2. Extend beyond the length required to achieve safe berthing;
3. Impair the lines of sight necessary for navigation;
4. Interfere with access to adjoining areas by extending substantially beyond the projection of existing structures
adjacent to the site;
5. Interfere with access or public rights associated with a public landing, easement, or other public access to water;
6. Generate water-borne traffic that would substantially interfere with other vessels; and
7. Impair in any other substantial manner the ability of the public to swim or float freely upon the waterways.
(b) An eligible project shall:
1. Preserve all rights held by the Commonwealth in trust for
the public to use tidelands, Great Ponds and other
waterways for lawful purposes;
2. Preserve public rights of access on private tidelands for
fishing, fowling, and navigation;
3. Be structurally sound; and
4. Meet all other standards and conditions stated in the
General License, including but not limited to the
dimensional criteria for flowed tidelands or fresh waters.
(c) The Department may consider the cumulative impact of docks,
piers and similar structures in a geographic area in determining
whether a project is appropriate for coverage under a General
License.
Coordination with Municipal Officials
The project proponent shall coordinate with the following municipal
officials on the proposed project and provide an opportunity to
comment prior to submitting the completed Certification package to the Department.
Public Notice The project
proponent shall publish in a
newspaper of general circulation in
the area where the project is
located, a public notice including
the proponent's name and address,
the project location, a description of
the project, and a statement that
written comments will be accepted
by the planning board within 30
days of the submittal of the
statement to the planning board.
1. Planning Board. The project proponent shall submit to the planning board a statement and plan that includes
the proposed use, location, dimensions and limits and mode of work to be performed, and describes the
proposed project with sufficient detail for the planning board to determine if the proposed project complies
with the eligibility criteria and applicable standards and conditions of the General License (above). The planning
board may solicit the opinions of other municipal officials such as the board of selectmen, harbormaster or
conservation commission.
2. Conservation Commission. The project proponent shall provide to the Department adequate documentation with
the Certification package that the project complies with the Wetlands Protection Act, in the form of an Order of
Conditions, negative or conditionally negative Determination of Applicability, or Certificate of Compliance.
3. Zoning Compliance. The project proponent shall include on the Certification form a certification from th e local
Zoning Enforcement Officer that the project complies with applicable zoning ordinances and bylaws.
The Planning Board may, within 45 days after receipt of the statement, submit a written opinion to the
DEP that the project does not comply with the general license standards set forth 310 CMR 9.29 (above)
and recommend that the project be subject to individual licensing, as applicable, under MGL Chapter 91
and not a general license as proposed.
DEP shall not issue a general license under this section if the Planning Board recommends that the project
be subject to individual licensing.
DEP may issue a general license after the expiration of 45 days without Planning Board comment or upon
receiving notification from the Planning Board that it does not oppose the project's eligibility for a general
license.
Version February 2023 • Prepared by Barnstable Planning & Development