HomeMy WebLinkAboutbliven and pearlman 2003, guide to permitting small docks and pierstnf\ss.Efl 20.202-sm is
UMASS/AMHERST
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ENVIRONMENTALPROTECTION
Massachusetts
Department of
Environmental
Protection,Bureau of
Resource Protection.
Wetlands/Waterways
Program
One Winter Street
Boston,MA 02108
Small
Docks
and Piers
A Guide to Permitting Small,
Pile-Supported Docks and Piers
MAY 7 2001,
Un *stty o,Massachusetts
Depositor Copy "S
September 2003
Digitized by the Internet Archive
in 2012 with funding from
Boston Library Consortium Member Libraries
http://archive.org/details/smalldockspiersgOOmass
Contents
Acknowledgements 4
Introduction 5
Section I.Overview 7
Section II.Summary of Standards 1
Section III.Design and Construction Standards 14
Appendices:Glossary 23
Appendices:Bibliography 27
Acknowledgements
This "Guide to Permitting Small Pile-Supported Docks and
Piers"reflects the hard work and thoughtful contributions of
manv people.The following individuals contributed expertise
that was essential to the completion of this document.
Authors:Steve Bliven,Senior Research Fellow,University of
Massachusetts,Urban Harbors Institute,Boston,MA
Steven Pearlman,MA DEP
Project Manager:Nancy Lin,MA DEP
Editors:Lealdon Langley,MA DEP
Thomas Maguire,MA DEP
Winifred Donnelly,MA DEP
Page layout and design:Sandra Rabb,MA DEP
Photo and graphic credits:Thomas Maguire,Magdalena
Pavlak
DEP also gratefully acknoivledges the folloiving state and
federal agency stafffor sharing their knowledge and expertise
with us in the development of this document (in order of
agency):
Massachusetts Coastal Zone Management Office
Dennis Ducsik,Robert Gass,Truman Henson,Robin Lacey,
Joe Pelczarski,Tom Skinner,and Susan Snow-Cotter.
Massachusetts Division of Marine Fisheries
Paul Caruso,Brad Chase,Stephanie Cunningham,and
Vincent Malkoski.
ACEC Program,Massachusetts Department of
Conservation and Recreation
Leslie Luchonok and Elizabeth Sorenson.
U.S.Army Corps of Engineers
Karen K.Adams and Crystal Gardner.
U.S.Environmental Protection Agency,Region 1
Ed Reiner
Woods Hole Oceanographic Institute,Sea Grants
Office
Jim O'Connell
DEP also acknowledges the contributions of its staff in
the preparation of this handbook,especially:Dorothy
Blickens,Lois Bruinooge,Charles Costello,Tena Davies,
Eileen Dranetz,Carlos Fragata,Rachel Freed,Cynthia
Giles,Gary Gonyea,Glenn Haas,David Hill,Elizabeth
Kouloheras,Ben Lynch,Arleen O'Donnell,Magdalena
Pavlak,Sharon Pelosi,Michelle Portman,Lisa Rhodes,
David Slagle,James Sprague,Marielle Stone,Michael
Stroman,Alex Strysky,and Mitchell Ziencina.
This guidance was developed with the assistance of the
University of Massachusetts,Urban Harbors Institute,
Boston,with funds provided by U.S.Environmental
Protection Agency (EPA)to the Massachusetts
Department of Environmental Protection (MA DEP)
under Section 104(b)(3)of the Clean Water Act.
Printable copies of this document can Ik downloaded at the following DEP Web
rite:bitp://www.slate.ma.us/dep/brp/'waterway /waterway.htm
This information is also available in alternate formats upon request by contacting
the \D.{Coordinator at 6171574-6872.
MassachusettsDepartment
ENVIRONMENTALPFIOTECTION
Department of Environmental Protection
Robert W.Golledge,Jr.,Commissioner
Bureau of Resource Protection
Cynthia Giles,Assistant Commisioner
Division of Watershed Management
Glenn Haas,Division Director
Wetlands/Waterways Program
Lealdon Langley,Director
Commonwealth of Massachusetts
Mitt Romney,Governor
Kerry Healey,Lt.Governor
Executive Office of Environmental Affairs,
Ellen Roy Herzfelder,Secretary
Introduction
This guidance document was specifically designed for anyone interested in designing or
building a small pile-supported dock or pier or other small water-related structure that will
be an accessory to a place of residence.It is also a helpful document for local government
officials,such as Conservation Commissions,who are responsible for the permitting of
such structures.Small dock and pier projects where dredging is proposed are not covered
in this particular guidance.
The work standards in this guidance are consistent with two Massachusetts state laws
governing small dock and pier construction:the Wetlands Protection Act and the Public
Waterfront Act,also known as the Chapter 91 Waterways Law.If you plan to construct
a small dock or pier,you must obtain a wetlands permit or "Order of Conditions"
from the municipal conservation commission and a state waterways "license"from the
Massachusetts Department of Environmental Protection (DEP)prior to starting work.
If you want to obtain authorization for an existing dock or pier that doesn't require
additional construction,you may file a "Request for Determination of Applicability"under
the Wetlands Protection Act along with a simplified license or regular license application
under Chapter 91.See DEP's Web site to download any of theses application forms:
http://www.state.ma.us/dep/brp/ww/wwforms.htm.
Section I.
Overview of the Wetlands and Waterways Permitting Requirements
Chapter 91 is one of the
oldest laws in (he nation.
Dating back to the
C .olonial (Ordinances of
1641-1647,based on the
principle that states that the
air,the sea,and the shore
belong to no one person,but
to the public at large.
Great Ponds and lakes are
bodies of water that contain
more than 10 acres in their
natural stale.Ponds and
lakespresently larger than
10 acres are presumed to
be Great Ponds,unless
evidence is provided that
proves otherwise.Ponds
that were 10 acres or more
originally,but hare become
smaller for any reason,are
ft ill considered to be Great
Ponds,
I:
'n Massachusetts,the construction of
.small docks,piers,and related structures
requires permits or authorization under two laws,
the Public Waterfront Act and the Massachusetts
Wetlands Protection Act.These laws were
designed to protect the public's ownership rights
and access to the water,and along its shore and
to ensure the environmental and public health
benefits that wetlands provide.
Massachusetts Waterways Licensing
In accordance with the Public Waterfront
Act (also known as Massachusetts General Law
Chapter 91),which dates back to colonial times,
the state owns the coastal waters and the land
under the water below the historic low water
mark.As the owner of these "Commonwealth
Tidelands,"the state is responsible for ensuring
that the public's rights to use and have access to
these valuable areas are protected.
In contrast,the public has a more limited
right to "fish,fowl,and navigate"on "private
tidelands"-the area between the historic high
and low water marks.Finally,some public rights
still apply to filled tidelands,areas along the coast
that were originally public or private tidelands but
were filled many decades ago.This is particularly
relevant in urban areas,like Boston,where the
coastline is almost entirely "fill."In such areas,
public access and other rights are protected by the
state all along the waterfront.
In addition,the state also historically owns
the land and water within inland "Great Ponds"
(lakes and pond originally 10 acres or more in
size).A list of Great Ponds can be found on
DEP's web site:http://www.state.ma.us/dep/brp/
waterway/research.htm#ponds.Under a more
recent (1920s)amendment to the Chapter 91 law,
the public right of navigation is also protected in
non-coastal waterways.
ivate
Tidelonds
lrf er*doV »"*-
Oceo^
Commonwealth \
Tidelands \3 Miles
Chapter 91 Waterways
Jurisdictional Areas
The Massachusetts Department of
Environmental Protection (DEP)is the state
agency responsible for administering the Public
Waterfront Act.DEP accomplishes this by
reviewing and issuing licenses for structures in
and along tidelands,Great Ponds,and navigable
rivers and streams as specified in its Waterways
Regulations (310 CMR 9.00).Private
structures,such as small docks and piers,are
only permitted in these areas if the public's
ownership and/or access rights are protected in
DEP's waterways license.These structures must
meet the standards described in this Guidance
to ensure:
/ijop Public Navigational Rights
^&£Public Access Rights in and along
the Shore
$£Public Safety
Small Docks and Piers Guidance
Some small dock and pier projects are
eligible for a "Simplified Waterways License"
(formerly Application BRP WW 06),which is less
expensive and easier to obtain than regular
licenses,and can generally be completed by an
applicant without the aid of an engineer or other
consultant.To qualify for a Simplified license,the
project must:
^^Consist of a dock,pier and/or other
small scale structure that is an accessory to a
residential use or serves as a noncommercial
docking facility.
A&Be pile supported (e.g.,wooden or
metal posts)or bottom anchored (No fill allowed
within a waterway!);
<^g£Be no more than 600 square feet below
the high water mark;
^^Not be a marina (that is,serving 10 or
more vessels);
^^Be "water dependent"(that is,it needs
to be in the water or along the shore);
^^Be consistent with an accepted resource
management plan if it is within a designated Area
of Critical Environmental Concern (ACEC web
site http://www.state.ma.us/dem/programs/acec/
acecl.htm);and
^^Meet the various waterways design and
construction standards outlined in this Guidance.
Small structures that do not meet the
above criteria must submit a regular waterways
application (BRP WW 01)to DEP.Those
applications tend to be more costly and require the
assistance of a licensed professional engineer.
For more information on procedures for
obtaining a Waterways license from DEP,see
instructions for filing Waterways Applications,or
contact your regional DEP office for a hard copy
of these instructions.See the DEP Waterways web
site for more information:http://www.state.ma.us/
dep/brp/waterway/waterway.htm.
Massachusetts Wetlands Protection
Act Permitting
Unlike the Waterways law,which protects
the public rights of navigation and access to state
waterways,the Massachusetts Wetlands Protection
Act is designed to protect the public benefits that
the state's valuable wetland resources provide (a
few examples include the protection of drinking
water supplies,fisheries,and flood control),whether
located on public or on private property.Under
Massachusetts'law and regulations (MGL Chapter
131,§40 and 310 CMR 10.00),wetland "resource
areas"include (See page 13 for illustrations of wetland
resource areas):
^Sp Inland swamps,marshes,bogs and
wet meadows ("Bordering Vegetated
Wetlands"or BYW)and coastal salt
marshes
*mr Land under water bodies
Ag£Banks of water bodies
4L Floodplains
Coastal Beaches and Dune fields
Riverfront areas (within 200 feet of
most perennial rivers and streams)
4i£Fish Runs
Land Containing ShellfishA^
The Wetlands Protection Act standards for
small docks and piers protect against potential
negative impacts to wetlands that may detrimentally
affect:
^&p Water quality (from leaching,
spillage,runoff and turbidity);
<£*Water circulation and sediments
(scouring,erosion,sedimentation);
^<&r Important vegetation and shellfish
beds (disruption of growing areas and
spawning habitat);
--^gp Rare animal species that depend
on wetland habitat.
Wetlands
Re^u'lu lions,110
(MR 10.00 tet
minimum resource
protection standards
that Conservation
Commissions must
lotion-:
Small Docks and Piers Guidance 8
l'o find out
more aboiil conservation
commissions and
what they do,visit the
Massachusetts Usociation
of Conservation
Commissions Web site.
http://ttmw.maccBvb.org/
home.html.
An application for permission to build
in wetland resource areas called a "Notice of
Intent"(NOI)must be filed with the municipal
Conservation Commission and with DEP.
Conservation commissions are a volunteer board
appointed by the executive authority in each
community to administer the state wetlands law on
the local level.These commissions can usually be
reached by contacting the town/city hall.
Construction of a small dock or pier in
a wetland resource area constitutes a wetland
alteration,and requires an NOI.In turn,
Conservation Commissions should NOT use
"Determinations of Applicability",rather than an
NOI,to review any proposed dock or pier project,
though it may be appropriate for authorizing
existing structures not requiring structural
maintenance.
DEP's Wetlands regulations (310 CMR
10.00)set minimal resource protection standards
that the Conservation Commission must follow
(although some municipalities also have local
wetland bylaws that are even stricter than state
standards).NOI application forms can be obtained
from DEP (http://www.state.ma.us/dep/brp/ww/
wwforms.htm)or from the local Conservation
Commission.
The Conservation Commission will review
the NOI application at a public hearing (generally
held in the evening).If the project complies with
the state wetlands regulations and local wetland
bylaws,the Commission will issue a permit called
an "Order of Conditions".As the name implies,
the project must comply with a list of conditions
contained in the Order.Section III in this guide
provides greater detail on what these standard
conditions are and how an applicant can design
projects to meet them.
If the applicant (or an abutter,aggrieved
person,the property owner,ten citizens,or DEP)
objects to the Order,an appeal for a "Superseding
Order of Conditions"can be made to DEP (except
for those Conditions which are based strictly upon
a local wetlands bylaw).In turn,a Superseding
Order may be appealed to DEP's Office of
Adjudicatory Appeals.No work can begin on a
project until the wetlands Order is final.
For more information on procedures for
obtaining a Wetlands Order of Conditions,see
instructions for filing a Notice of Intent at http://
www.state.ma.us/dep/brp/ww/wwforms.htm,or
contact your regional DEP office for a hard copy of
these instructions.
Small Docks and Piers Guidance
Section II.
Summary of Standards Applying to Small Docks and Piers
Built in Various Locations
S'
tandards applying to small docks and
'piers vary in a number of ways depending
on their location.Most importantly,the standards
are quite different if the structure is proposed in an
inland or in a coastal or tidal area.Under the state
Waterways law,different standards apply according
to whether all or part of a project occurs in one or
more of the following locations:
<*^£Flowed Tidelands (below mean high
water)
'->
t'j&r Filled Tidelands (up to historic mean
high water)
&ss£
<£*
Great Ponds (up to mean high water)
Non-tidal Rivers and Streams (up
to mean high water)
Under the state Wetlands Protection Act,the
Waterways locations listed above (except,generally,
filled tidelands)are also subject to performance
standards pertaining to one or more overlapping
wetland locations referred to as "wetland resource
areas."For example,a small dock or pier project
may also have an elevated walkway crossing a
number of wetland resource areas (like Bordering
Vegetated Wetland,dune fields,etc.)lying outside
the jurisdiction of the Waterways law (that is,
landward of the high water mark and not within
filled tidelands).In such a case,the pier,which
extends over the water,would be subject to
Wetlands and Waterways standards,while the
elevated walkway would be subject to Wetland
standards only.
Projects in Coastal Wetland
Resource Areas
Projects within the following Wetland
Resource Areas also,in general,lie totally or
partly within the Waterways location of "Flowed
Commonwealth Tidelands".Therefore,these
projects also require both Wetlands and Waterways
permits/licenses:
<^g£Land Under the Ocean
°Coastal Beaches
Rocky Intertidal ShoresftA'&£
<£45?Salt Marsh
<*&Land Under Salt Ponds
^*£Land Containing Shellfish/
^^r Banks or Land Under the
Ocean Underlying a "Fish Run"*r
*"I mihI Containing Shellfish "is limited to areas identified and mapped by
the conservation commission or D\A'>based either on maps and designations
of the M I Division of Marine Fisheries,or on map*and written
documentation oj the local shellfish constable or DEP.Such mapped areas
occur oid\within the wetland resource areas "1 .and I nder the Ocean".
"Rocky Intertidal Shores","Salt Marsh"and "Salt Ponds"and tidalflats
found on "Coastal Beaches"(including Barrier Beaches.)
**"Fish Runt",where they occur,overlap with the wetland resource areas
"Banks"(coastal and.sometimes,inland)andLand I 'nder Ocean (and
sometimes inland I .and I 'nder Waterbodies and Waterways).
S lean high
water and mean low
water refers to the
average high and
low tide levelsfor a
19 year period.
Small Docks and Piers Guidance 10
Projects in the following coastal Wetland
Resource Areas are generally outside Waterways
jurisdiction and are subject only to Wetlands
standards:
•*Coastal Bank
•*-Coastal Dune
•*Land Subject to Coastal Storm Flowage
Residential docks and piers are prohibited
in one coastal wetland resource area in order to
preserve these areas strictly for commercial and
industrial use:
•*-Designated Port Areas.
Projects In Inland Wetland
Resources Areas
Projects within the following inland Wetland
Resource Areas may lie totally or partly within
a Great Pond or a navigable,non-tidal river or
stream,and thus may need to obtain both Wetlands
and Waterways permits:
•#-Land Under Water
i*-Bank
Portions of a project in the following inland
Wetland Resource Areas are generally outside
Chapter 91 Waterways jurisdiction and are subject
only to Wetlands standards:
•*-Bordering Vegetated Wetlands
i*-Land Subject to Flooding
•*Riverfront Area*
*Riverfront Areas generally lie within 200 feet (25ftfor densely
developed anas)of the mean annual high miter mark ofperennial inland
and coastal rivers and streams.
11 Small Docks and Piers Guidance
Matrix of Coastal and Inland Small Docks/Piers Projects and Required Standards
To use the charts on these two pages,determine whether any portion of the project is found in each of the locations listed
on the left side of the chart.Then look to see which standards apply to that location.Each standard is discussed in detail on
the pages indicated at the top of the chart.
Inland
Great Pond/Land
UnderWater
Navigable Waterway/
Land Under Water
Bank
Bordering Vegetated
Wetland
Riverfront Area
(Incl.Tidal Rivers)
Land Subject
to Flooding
*No small private piers are allowed on Land Under
Ocean located in Designated Port Areas
Inland Wetland Resource Areas and Associated
Buffer Zones Applicable to Small Docks and Piers
Bordering Land Subjact to Flooding
(BLSF)
Small Docks and Piers Guidance 12
Matrix of Coastal and Inland Small Docks/Piers Projects and Required Standards
7b use the charts on these two pages,determine whether any portion of the project is found in each of the locations listed
on the left side of the chart.Then look to see which standards apply to that location.Each standard is discussed in detail on
the pages indicated at the top of the chart.
Coastal Project
Location
.«£>
^*fe
&>
r<v /&33
&s?
^##/«^
&
&A?Aj <o /<#q.&
'JPd¥A3 S £2?
Flowed Tidelands
Filled Tidelands
Land Under Ocean*
Coastal Beach/Tidal
Flats (Incl.Barrier Beach)
Rocky Intertidal Shores
Coastal Dunes (Incl.
Barrier Beach
Coastal Bank
Salt Marsh
Land Under Salt Ponds
Land Subj.to Coastal
Storm Flowage
*No small private piers are allowed on Land Under
Ocean located in Designated Port Areas
<£
¥If the project location is
Land Containing Shellfish,See
page 18
«.If the project location is in
a fish run,Seepage 19
it
"r "
Pier
^^s^x tMean H|i^h Water
Coastal
Dune Coastal Beach LAND UNDER THE OCEAN
13 Small Docks and Piers Guidance
Section III.
Design and Construction Standards for Small Docks,Piers and
Related Structures
A.Waterways Design Standards
Protection ofNavigation in all Waterways.
Docks,piers,and related structures of any si~e may not:
%,Exceed the minimum size necessary to achieve
the intended water-related purposes;
%>Extend beyond the length required to achieve
a safe berthing;
^,,Intrude into,or approach,navigation channels
or extend seaward of any state harbor lines;
i^^Extend more than 25%of the distance across
a waterbody;
t
^.,Impair the line of sights necessary for
navigation;
^.Interfere with access to adjoining areas by
extending "substantially beyond the projection of
existing structures adjacent to the site";
jg£Interfere with access or public rights
associated with a public landing,easement,other
public access to the water;
^,Generate water-borne traffic that would
substantially interfere with other vessels;
^.,Impair in any other substantial manner the
ability of the public to swim or float freely upon
the waterways;
Be set back less than 25 feet from property
lines where feasible;or
'\«£,»
J Be allowed in state-designated "Areas of
Critical Environmental Concern"unless there
is a resource management plan approved by the
Massachusetts Executive Office of Environmental
Affairs (see http://www.state.ma.us/dem/
programs/acec/acecl .htm)
Protection ofLateral Access Along the
Shoreline
On Flowed Tidelands:
^,All structures must be designed to allow
foot traffic under,over,or around the structure.
(Steps on either side of a dock often increase
environmental impacts so passage under dock
with a five foot clearance at the high water mark is
preferred —elevated docks have the added benefit of
allowing more light to reach under the dock.)
^,>If obstruction is unavoidable,alternate lateral
passage above the high water mark around the pier
must be provided.
/^»The right of public access under or around the
pier should be posted on the pier.
On Filled Tidelands and Great Ponds:
^.,Reasonable measures shall be provided for on-
foot passage,including allowing the public to pass
laterally along a portion of the project shoreline or
transversely across the site to a point on the project
shoreline.
Engineering and Construction Standards
to Protect Navigation.,Public Health and
Safety,and other Shoreline Structures
f^g^All structures subject to Chapter 91 must be
structurally sound and not pose an unreasonable
threat to navigation,adjacent structures or public
health or safety if damaged or destroyed in a storm.
iliait
'ronmenlal
Concern are p,
'.Massachusetts
thai pedal
ugnition bei
nt //v quality,
uniquem a,and
fig)
natural and cull
Small Docks and Piers Guidance 14
B.Wetlands Design Standards
Wetlands Standards applying to both
Inland and Coastal Areas
Protecting Rare Species Habitat.No project may be
permitted to have any adverse impact on specified
habitat of rare animal species.A map of estimated
habitat sites for each town can be found on the
Department of Fish and Game (DFG)Web site:
http://www.state.ma.us/dfwele/dfw/nhesp/
nhspecies.htm.
If the project site is in one of the mapped estimated
habitats,applicants should refer to the Wetland
Regulations at 310 CMR 10.37 (for coastal
wetlands)or 310 CMR 10.59 (for inland wetlands)
for the procedures to follow in order to determine
if the project is in fact in rare species habitat and
if it will adversely impact it.Generally,if the
Massachusetts Natural Heritage and Endangered
Species Program finds that a project would have
any such adverse impacts,that program would
work with the applicant to redesign the project in
order to avoid or mitigate such impacts.If such a
redesign were impossible,the project would not be
allowed to proceed.
Maintaining Proper Water Circulation.
Small docks and piers must be constructed so as
to prevent or minimize adverse effects on water
circulation in inland wetlands and certain coastal
wetland resource areas (Land Under Ocean,Tidal
Flats,Rocky Intertidal Shores,Salt Marshes,Salt
Ponds,and Land Containing Shellfish,unless
such coastal areas are specifically found by the
conservation commission not to be significant to
Marine Fisheries,Land Containing Shellfish,and
Wildlife Habitat).
Providing adequate spacing between pilings allows
reasonably unimpeded water flow.Wooden pilings
should be spaced no closer than twenty (20)times
the diameter of the piling.Batter piles,batter
boards,and wave attenuators (used to dissipate
wave energy)interfere with water circulation.Any
cross or transverse bracing must be placed above
the elevation of the high water mark.
For coastal wetland areas subject to the ebb and
flow of the tide,the lowest structural member
(generally the horizontal support beam or
"stringer")of floats (or if there are no floats,
the seaward edge of the pier)should be at least
18 inches (1.5 feet)from the bottom at low tide.
Where feasible,floats should be sited so they
will float no lower than this height (18 inches)
during low tide.Where this is not feasible (e.g.,
in locations with extensive mud flats due to tidal
range,or in those circumstances where a shorter
pile has less environmental impact),projects can
use float stops or collar ties (or legs on rocky
bottoms)to ensure an 18-inch height at low fide.
Following these standards should lead to no
impairment of water circulation.
Maintaining Adequate Light to Preserve the Productivity of
Wetlands I egetation and Ee (grass Beds:
Pile supported piers constructed in inland and
certain coastal wetland resource areas (salt marsh,
salt ponds,and those portions of Land Under the
Ocean containing eelgrass)need to be constructed
in such a manner as to have no adverse effect on
plant productivity.This requirement is met by
avoiding such vegetation where possible;placing
the pier decking at an adequate height above
the high water mark;limiting pier length and
width;providing spacing between deck planking,
and orientating the pier as close as possible
to a north-south orientation.These Wetlands
requirements also interplay with Waterways
regulatory requirements,which require piers to
be constructed in such a manner so as to permit
unobstructed lateral public access under,over,or
around the pier.
Piers located in inland wetlands resource areas
(ponds,lakes,and rivers)typically do not include
a combined pile-held pier and float system because
they are not subject to daily tidal fluctuation.Also,
piers located in great ponds or rivers are more
likely to be built so they can easily be removed
prior to the winter to avoid ice damage.Inland pier
systems typically consist of pile-held decking (piles
are typically pipe-piles or wood),piers constructed
on cradles that rest on the bottom (versus being
driven into the substrate),or piers pinned to the
15 Small Docks and Piers Guidance
land and supported on the water side by floats
mounted to the decking bottom (or in some
cases,bottom anchored floats).Because of these
differences,inland piers tend to be constructed at
an elevation just above the ordinary high water line
to allow for egress to a boat,whereas coastal piers
also need a ramp connecting to a float to allow
egress to a boat at all ranges in the tidal cycle (boat
is berthed to the float which goes up and down
with the tide).
Avoidance:Keeping these differences between
inland and tidal waters in mind,the first step in
siting a pier is to determine if a location is available
that will avoid or minimize putting the pier over
wetlands vegetation.Avoidance is especially critical
over existing or historically present eelgrass beds
and in Land Containing Shellfish.
Pier Height:Higher piers allow for better light
penetration
to underlying
vegetation and
assist in preventing
storm damage.
The Waterways
regulations require
a five (5)foot
minimum height
above mean high
water mark for pier
decking in Great
Ponds and coastal
tidelands to provide
for unobstructed
lateral passage under
the pier (note:this requirement may be waived
if alternative measures are taken to provide for
public pedestrian access over or around the pier).
Constructing the decking at least 5 feet above
mean high water/ordinary high water/annual high
water also serves to minimize adverse shading
impacts on vegetation.
Although a specific height requirement is not
mandated under the Wetlands Protection x\ct
regulations,elevating the structure above
vegetation is essential to minimizing the effects of
shading.The New England Division of the U.S.
Army Corps of Engineers suggests that the height
of a pile-supported structure above the mean high
water be at least as great as the width (a 1:1 height to
width ratio)to provide adequate height for existing
vegetation.See Land Containing Shellfish in the
section entitled "Wetland Standards Applying
to Coastal Areas Only",below,for additional
requirements if a pier is proposed in this resource
area.
When there is no alternative to building over
eelgrass beds,floats (or if no floats,the seaward
end of the pier)should be at least four (4)feet from
the bottom at low tide.It should be noted that
eelgrass beds are ephemeral and historic presence
of eelgrass should be considered,even if not
currently present,in order to prevent the exclusion
of future eelgrass bed expansion or colonization.
Eelgrass is considered to be present if depicted
on maps produced by Massachusetts Geographic
Information System
(MGIS).DEP,or
other credible source
(on the web,see http:
//www.mass.gov/
mgis.databse.htm);or
if not mapped,a site
field survey indicates
its presence.
Float Height:Floats
should be located at
the end of the pier
in deeper water.The
bottom of the float
or pier should be at
least 18 inches from the bottom (measured at low
tide in coastal wetland resource areas and ordinary
high water or annual high water for inland wetland
resource areas).See hand Containing Shellfish in the
section entitled 'Wetland Standards Applying to Coastal
Areas On If'page 15,for additional requirements if
a float is proposed in this resource area.Also,see
the previous paragraph regarding restrictions on the
siting of floats in eelgrass beds.
Pier Length:Shorter piers produce less adverse
shading effects on vegetation than longer piers.
The Waterways regulations require the pier to be
no longer than the distance necessary to reach
navigable water depths.
Small Docks and Piers Guidance 16
Pier Width:Narrower piers provide less adverse
shading effects on plant productivity than wider
piers.The U.S.Army Corps of Engineers'Florida
District limits pier widths to four (4)feet to
minimize width impacts on plant productivity.
Typical small docks and piers in Massachusetts are
3 feet wide.
Plank Spacing:Planks should be spaced at least 3A
inch apart to permit light penetration.Alternate
spacing may be used if the deck material used
provides a similar or greater degree of light
penetration (such as perforated aluminum,
fiberglass,or plastic grates;any such grates should
contain an anti-slip texture integrally moulded to
the top surface to provide for safety).
Orientation:If placing the pier over wetlands
vegetation cannot be avoided,the pier should be
orientated as close to a north-south orientation
as possible (consistent with site constraints and
environmental and navigational considerations).
Research indicates a north-south orientation is least
likely to adversely affect aquatic vegetation through
shading.
Wetlands Standards Applying to Coastal Areas
Only (see also "Wetlands Standards Applying
to both Coastal and Inland areas"above)
Maintaining water quality.This includes other than
normal fluctuations in turbidity,addition of
pollutants,and the level of dissolved oxygen or
temperature.This standard applies to any portion
of a project located on Land Under the Ocean;the
tidal flat portion of Coastal Beach;Salt Marsh;Salt
Pond;or Rocky Intertidal Shore,unless such area
is specifically found not to be significant to Marine
Fisheries,Land Containing Shellfish and Wildlife
Habitat.
Turbidity is the clouding up of water from stirred
up sediments.It harms vegetation by reducing
light penetration and hurts fish by clogging gills
and hurts fish eggs,larvae,and shellfish by causing
abrasions from sediments.Turbidity related to
the use of small docks and piers (versus their
construction,which is discussed below)can be
minimized by:
@ Considering where the floats will be
stored and launched,how and at what tide range
they will be installed,and by the nature of the
bottom substrate.In some circumstances,less
turbidity may result if the floats are rafted from the
storage location and installed at high tide.
^Ensuring that the end of the pier or
float is sufficiently high at low tide to prevent boat
engine propellers from creating "prop wash."See
"Maintaining Proper Water Circulation,"and
"Maintaining the Productivity of Salt Marsl)I 'egetation
and Eelgrass Beds,"page 15,regarding ways to
ensure proper height of piers and floats above the
water bottom.
^Driving,rather than jetting,pilings
during construction.
The "addition of pollutants"may come in
various ways:leaching of pressure treated wood
preservatives,breakdown of flotation materials,
and accidental spillage during the application of
paint or other preservatives during maintenance or
storage.
Leaching of Wood Preservatives.Paints and
wood treatments containing creosote and
pentachloralphenols are extremely toxic,and
should be explicitly forbidden.So-called "CCA
pressure treated"lumber (i.e.,that treated with
copper chromated arsenic,or CCA)has been
banned by the US Environmental Protection
Agency (EPA)for residential uses after December
31,2003,due to the dangers posed to human
health from the leaching of arsenic.1 lowever,the
ban does not apply to use of CCA lumber for docks
or piers.While CCA lumber is not prohibited
under the Wetlands Protection Act for use as
both pilings and decking,DEP recommends that
alternative materials,including pressure treated
lumber that does not contain CCA be considered
if direct skin exposure to this type of lumber is a
concern.The advantage of CCA lumber is that it
extends the life of a dock and therefore minimizes
the need to rebuild it or to drive additional piles.
It can also save money for the dock owner.On the
other hand,leaching of chemicals contained in
CCA lumber may be damaging to human health
17 Small Docks and Piers Guidance
and possibly to the aquatic environment.There are
a number of alternatives to CCA treated lumber
which applicants should at least know about.
For pilings,there are several pressure treated wood
formulae that do not contain arsenic and have been
approved by EPA for residential uses:Ammoniacial
Copper Quaternary (ACQ)or "Kodiak Wood",
copper azole,copper dimethyldithiocarbamate,
copper citrate,copper boron azole;copper8-
quinolinate,and borate-based wood preservatives.
None of these contain arsenic and all have been
shown to be effective.They are on the order of
5-8%more expensive than CCA-treated woods but
the material costs for pilings are a small part of the
overall cost of construction of a dock.
Application ofpaint and wood treatments.
Conservation Commissions should condition the
Order (permit)to require that any preservatives
be applied on land and away from the water and
wetlands,if possible,such as
to a float being seasonally
stored on land.For fixed
elements,such as piles and
decking,a condition should
be included in the Order
which limits the applications
of preservatives to no more
than once a year,requires
only the minimum amount
of preservative to be applied
to limit runoff of excessive
amounts into the underlying
water,and which does
not allow for application of
preservatives to any elements of the pier below the
plane of mean high water.
^^i.Where it is feasible to reconfigure a pier to
avoid or minimize siting it on Land Containing
Shellfish,this should be done.To the extent that
a pier must be at least partially located in Land
Containing Shellfish,adverse impacts on shellfish
may be minimized by placing limits on the number
and spacing of piles.
£^For piers sited on Land Containing Shellfish
that was identified by the local Shellfish Constable,
a conservation commission may,after consultation
with the Constable,permit the shellfish to be
moved to a location approved by the Division of
Marine Fisheries (MADMF).Work on the pier may
not begin until after replanting of the shellfish has
commenced.For piers sited on Land Containing
Shellfish designated by the MADMF,the applicant
may be required to purchase seed shellfish and
seed adjacent areas at the discretion of the Shellfish
Constable prior to commencement of construction,
and under his supervision.Projects that MADMF
determines will have a permanent adverse impact on
the productivity of a significant shellfish resource
should not be allowed.
^^Floats (or if there are no floats,the seaward
end of the pier)must be at least 2 V2 feet from
the bottom during low tide to prevent adverse
impacts on shellfish.Where possible,floats should
be removed in the off-season so as to allow easier
access for shell fishing.See "Maintaining Adequate
Light to Preserve the Productivity of Wetlands
Vegetation and Eelgrass Beds"(pg.15),regarding
methods for keeping floats from resting on or near
the bottom.
/^»J See also "Standards for Avoiding or
Minimizing Temporary Construction Impacts"on
page 20,regarding
Land Containing
Shellfish.
Maintaining
the Stability of
Coastal Batiks
&Beaches and
the Natural
Movement of
Sand Dunes;
Protecting
against Storm
Damage.
These standards apply (as specified below)to any
portion of a project located on Coastal Beach or
Dune (including that on Barrier Beaches);Coastal
Bank;or Land Subject to Coastal Storm Flowage
(the so-called "one hundred year floodplain").
Note that any alteration of a Coastal Bank,Barrier
Beach,or Coastal Dune requires the filing of an
Environmental Notification Form (ENF)with the
Massachusetts Environmental Policy Act office
(http://www.state.ma.us/envir/mepa/index.htm).
Thus piers and associated walkways should be
avoided in these resource areas wherever possible.
jg£Coastal Banks act as a vertical buffer for
storm damage prevention.Cutting into the bank
to install a ramp should not be allowed,as the cut
will provide an avenue for wave run-up and rainfall
Small Docks and Piers Guidance 18
Sea
fix).Stm
Strip
Rail
I loodplah
"
llkil would
by a llood it
a Inn year flood
to erode the bank.Ramps and walkways leading
to docks and piers may have adverse impacts to
stability of coastal banks unless properly sited
and designed.Conservation Commissions
should require revegetating areas disturbed by
construction and not allow ancillary activities
around the pier or walkway that may result in
erosion.
'*3»Coastal Beaches.Ramps and walkways leading
to docks and piers must be designed and sited to
avoid erosion and to maintain the volume and form
of the beach or downdrift beach.
'*?>>On Coastal Dunes,pedestrian walkways
may be allowed under the Wetland Protection
Act regulations if they are designed to minimize
disturbance to the dune,vegetative cover,and bird-
nesting habitat.
Fish Runs.Fish runs are identified by
the MA Division of Marine Fisheries and
mapped on the Coastal Atlas of the MA
Coastal Zone Management Program (see http:
//www.state.ma.us/czm).Fish runs are waters
that serve as spawning or feeding grounds or
passageways for fish species that spawn in fresh
water but live in salt water or vice versa.
The construction and use of small docks and piers
that do not involve dredging are unlikely to cause
significant adverse impacts on fish runs.Larger
dock construction,dredging and filling within fish
runs can generally be addressed by requiring Time
of Year (TOY)Restrictions that avoid work within
the fishrun between March 15th and June 15th of
any given year.Other TOY Restrictions may also
be appropriate if recommended by the Division of
Marine Fisheries.
/Fish mm nndei the wetland regulation*extend nofurther than the inland boundary oftbt
"coastal ifpne",u*dejined in 301 (MR 21.05.Thii may include the portions oj afish >an tping
as fat as the inland boundary oj a coastal town ifit/alls "inland oj the "huh.rail lines and >
of way described in the (M.1 Coastal Zone Management)Boundary Ippendiw"
Wetland Standards Applying to Inland
Areas Only (see also "Wetlands Standards
A pplying to both Coastal and Inland
Areas")
Under the Wetlands Protection Act Regulations for
inland wetland resource areas,local conservation
commissions (and DEP on appeal)may grant
"limited project"status to small docks and pier
projects pursuant to regulations at 310 CMR
10.53(3)(j).Such status provides some less stringent
standards for small docks,piers,catwalks,
and footbridges than the normal performance
standards for the affected resource areas.
Alternatives Analysis .In considering whether to
grant limited project status to a particular proposal,
the conservation commission (or Did'on appeal)
is directed under the regulations (310 CMR
10.57(3))to "consider ...the availability of reasonable
alternatives to the proposed activity."Such alternatives
generally include redesigning or repositioning
the dock and pier so that it would have fewer
adverse impacts on wetlands resource areas.
Such alternatives should also consider whether a
particular design or configuration is necessary to
protect public navigational or access right under
Chapter 91.
The limited project described in 310 CMR 10.53
(3)(j)contains three specific performance
standards relating to protecting rare wildlife
habitat,preserving adequate light to maintain
existing (pre-construction)vegetation,and
maintaining reasonably unobstructed flowage of
water.Requirements for meeting these standards
are discussed in the section entitled "Wetlands
Standards Applying to both Inland and Coastal
Areas (above)."
If for any reason a small dock or pier cannot meet
either of the last two standards listed directly
above (rare species standards must always be met),
applicants may still qualify for another "limited
project"applying to "water dependent uses"
under 310 CMR 10.53(3)(1).This limited project
has considerably more stringent performance
standards:
A ^.>The project must meet the normal
performance standards for bordering vegetated
wetlands.
"^Normal performance standards for flood
control and prevention of storm damage in other
(non-BYW)wetland resource areas must also be
met.
19 Small Docks and Piers Guidance
Standards for Avoiding
or Minimizing Temporary
Construction Impacts to Coastal
and Inland Wetlands
*<Sr Impacts on salt marsh and bordering vegetated
wetlands can be avoided by working out along the
completed portions of a walkway or from a floating
platform (a boat or barge),so long as it doesn't
touch the bottom at any time.When this is not
possible,such equipment should exert low ground
pressure.Machines are currently available that
exert less than two pounds per square inch.Only if
absolutely necessary should equipment be allowed
in bordering vegetated wetlands (BYW)or salt
marshes.
^^Installation of piles through "jetting"
with high-pressure hoses typically disturbs
a surrounding area potentially depopulating
vegetation that may have difficulty reestablishing
itself and disturbing bottom sediments.This may
smother fish eggs and clog the gills of adult fish.
Pilings should normally be installed by pile driving
or auguring although it is permissable to allow
a minimal amount of low pressure jetting to set
piles.If the bottom sediments are contaminated,
commissions may deny the use of jetting to set
piles.
$$£Fill should not be allowed on BYW or salt
marsh to provide footing for equipment.
4g,Materials with potential to contaminate the
environment should be removed right away;e.g.,
those containing petroleum,etc.Debris should
be continuously cleaned to lessen environmental
impacts.
'^Equipment storage should not occur in
vegetated wetlands,in the intertidal zone,or on
dunes.
"«g»Tf it can be reasonably done,construction
during winter months tends to have fewer adverse
environmental impacts.
*0!»Temporary construction impacts in Land
Containing Shellfish may be permitted in an Order
of Conditions.However,shellfish within areas
designated by the local shellfish constable should
be relocated.Shellfish beds within areas designated
by the Massachusetts Division of Marine Fisheries
must be reseeded so that it will be returned
substantially to its former productivity within one
year from the commencement of work.
Sample Wetlands Permit
Conditions for Small Docks
and Piers
Below are some standard conditions that
have been used by the DEP regional offices in
their Superseding Order of Conditions when
permitting small docks and piers.These conditions
are offered as examples only.It may not be feasible
or appropriate to utilize all of these conditions.
Conservation commissions are encouraged to
select the appropriate conditions,tailored to the
specific project site and conditions and any others
that they deem appropriate.Applicants planning
to construct a small dock or pier should design
these structures to meet the conditions that are
appropriate to their project.
General Conditions:
@ No work shall take place until all administrative
appeal periods from the order have elapsed,or if an
appeal has been filed,until all proceedings before
the Department have been completed.
@ Dredging is neither proposed nor permitted
under this filing.
yy Future maintenance of the approved structure,
in strict compliance with the plan of record and the
conditions of this Order,is permissible.
Conditions to Protect Water Quality:
@ Construction may be accomplished from a
barge or boat operating in at least two feet of
water.The barge or boat shall not be permitted to
ground out at low tides.
@ Construction of the pier shall be accomplished
by maximizing access from the water and upon
completed portions of the pier.No heavy
construction equipment,vehicles or barges are
permitted on bordering vegetated wetland,salt
marsh or tidal flat during construction of the pier.
@ The use of chromated copper arsenate (CCA)
treated wood and creosote treated timber is
prohibited.Wood preservative must be dry before
the treated wood is used in construction.
@ Piles placed below the plane of Mean Low
Water (MLW)shall be mechanically driven to
refusal,not jetted.The piles in the salt marsh and
coastal bank shall be placed by hand.
Small Docks and Piers Guidance 20
Condition used to protect water quality when
turbidity or shellfish spawning is an issue:
@>Minimal jetting of the piles to set them into
place is permitted.Then the piles shall be driven
to refusal,or if this is not possible,until stable.
\T Motorized vessels shall be moored stern
seaward at the float or end of the pier to prevent
"propeller dredging"and turbidity.
Conditions to protect bordering vegetated
wetland,eel grass,and salt marsh vegetation:
\fy To allow sunlight to penetrate the vegetation
below,the pier and walkway is to be elevated 1 foot
above the marsh for every foot of its width,and
individual deck planks of the structure are to be
spaced at least 3/4 inch apart.
Y^Salt marsh vegetation shall be
avoided during construction.
\§Any area that is disturbed
during construction is to be
revegetated immediately,or as
soon thereafter as the growing
season commences,with
appropriate local indigenous
vegetation.
\y Motorized vessels shall
be moored stern seaward at
the float or end of the pier to
prevent "propeller dredging,"
turbidity,and alteration to
vegetation.
Condition to protect Land
Containing Shellfish designated significant by
the Town or the Department:
Y%>Prior to commencement of construction and
after consultation with the local shellfish officer,
any shellfish in the immediate vicinity of the pier
shall be moved and replanted in a suitable location
approved by the Division of Marine Fisheries [310
CMR 10.34 (6)].
When the state Division of Marine Fisheries
designates that the project is within significant
land containing shellfish use this language
instead:
^Prior to commencement of construction and at
the discretion of the Shellfish Constable,and under
his supervision,the applicant may be required to
purchase seed shellfish and seed adjacent areas.
The quantity of seed shall be determined and
approved by the Shellfish Constable.
Condition to protect stability of coastal ba)iks,
to protect salt marshes or dunes,if there are
seasonal portions of the structure:
yj?The seasonal (ramp and)float(s)is to be stored
at a suitable upland location.
In providing the design standards and conditions
for protecting wetland resource areas and the
public's rights to tidelands,DEP hopes that this
guide has clarified many of the questions that
arise both from applicants and local officials.If
there are any further questions,we encourage
you to go to the DEP web site address at:
http://www.state.ma.us/dep/brp/waterway/
waterway.htm to obtain more information and
resources available to vou.
21 Small Docks and Piers Guidance
APPENDICES
Small Docks and Piers Guidance 22
Glossary
100-year floodplain -The area that will be inundated by floodwaters during a 100-year flood.The 100-year
flood has a 1%chance of occurring at least once in any given year.Therefore,the 100-year flood could occur
more than once a year.The 100-year floodplain is regulated under the Wetlands Protection Act regulations as
"Bordering Land Subject to Flooding"(BLSF)and "Land Subject to Coastal Storm Flowage"(LSCSF).The
location of the 100-year floodplain is determined by reference to the most recently available flood and coastal
profile data prepared for each community by the Federal Emergency Management Agency (FEMA).BLSF and
LSCSF boundaries must be determined in accordance to the definitions specified in the wetlands regulations at
310 CMR 10.04 and 10.57.
Abutter -
a)Under Chapter 91 Waterways regulations,an abutter is the owner of land which shares,along the
waters edge,a common boundary or corner with a project site,as well as the owner of the land that lies
within 50 ft.across a water body from such a site.Ownership is determined by the records of the local
tax assessors office:or
b)Under the Wetlands Protection Act,an abutter is the owner of properties within 100 ft.of the property
line of the land where the activity is proposed,...on the most applicable tax list of assessors,including,
but not limited to,owners of land directly opposite said proposed activity on any public or private street
or way,and in another municipality or across a body of water.
Anadromous Fish -Fish that enter fresh water from the ocean to spawn.
Areas of Critical Environmental Concern -Areas of Critical Environmental Concern (ACECs)are places
in Massachusetts that receive special recognition because of the quality,uniqueness,and significance of their
natural and cultural resources.These areas are identified and nominated at the community level and are formally
reviewed and designated by the state's Secretary of Environmental Affairs.State agencies,such as DEP,that are
under the Secretariat's purview are directed to acquire useful scientific data on ACECs,ensure that activities in
or impacting an area minimize adverse effects on the resources,and apply close scrutiny to the environmental
review of projects subject to their jurisdiction.
Bordering Vegetated Wetlands -A type of freshwater wetland that is protected under the Wetlands Protection
Act.It is a swamp,bog,wet meadow,or marsh that borders on a creek,stream,river,pond or lake.
Catadromous fish -Fish that enter salt water from fresh water to spawn.
Coastal Beach -Unconsolidated sediment subject to wave,tidal,and coastal storm action that 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 the
structures replace one of the above lines,whichever is closest to the ocean.
Coastal Dune -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.
Commonwealth Tidelands -Tidelands held by the Commonwealth in trust for the benefit of the public,or held
by another party by license or grant of the commonwealth subject to an express or implied condition that it be
used for a public purpose.Generally,Commonwealth Tidelands running seaward of the historic low water mark
or of a line running 1650 feet seaward of the historic high water mark,whichever is farther landward.
23 Small Docks and Piers Guidance
Glossary
Conservation Commissions -Conservation commissions are volunteer boards appointed by the executive
authority in each community to administer the Massachusetts Wetlands Protection Act on the local level.(The
mayor or board of selectmen assumes the conservation commission's responsibilities where no commission has
been established.)
Deposition -The process of sedimentation or the placing of a solid material from a state of suspension or
solution in a fluid (usually air or water).
Designated Port Areas -Areas that have been developed for maritime commerce and industry to promote
commercial fishing,shipping and other vessel related activities associated with waterborne commerce and
production activities reliant upon marine transport or the withdrawal or discharge of large volumes of water.
Also,these areas are almost completely developed where few or no natural land forms or vegetation remains.
Designated Port Areas are established and modified through the Massachusetts Coastal Management Office.
Determinations of Applicability -
a)A written finding by a conservation commission as to whether a site or the work proposed is subject to
the jurisdiction of the Wetlands Protection Act.
b)DEP's Waterways Program may issue a separate type of Determination of Applicability that applies to
Chapter 91 jurisdiction.
Dredging -The removal of materials including,but not limited to,rocks,bottom sediments,debris,
sand,refuse,plant or animal matter in any excavating,cleaning,deepening,widening,or lengthening,
either permanently or temporarily,of any flowed tidelands,rivers,streams,ponds,or other waters of the
commonwealth.
Fill -Any unconsolidated material that is confined or expected to remain in place in a waterway.This does not
include:material placed by natural processes,material placed on a beach tor beach nourishment purposes,and
dredged material placed below the low water mark for purposes of subaqueous disposal.
Filled tidelands -Former submerged lands and tidal flats which are no longer subject to tidal action due to the
presence of fill.
Fish Runs -Areas within estuaries,ponds,streams,creeks,rivers,lakes or coastal waters,which are spawning
or feeding grounds or passageways for Anadromous or Catadromous fish.
Flowed tidelands -Present submerged lands and tidal flats that are subject to tidal action.
Great ponds -Great ponds and lakes are bodies of water that contained more than 10 acres in their natural
state.Ponds that were 10 acres or more originally,but have become smaller for any reason,are still considered to
be great ponds.
High Water Mark-For tidelands,the present high tide line as established by the present arithmetic mean of
the water heights observed at high tide over a specific 19-year Metonic cycle,determined by using hydrographic
survey data of the National Ocean Survey and the US Department of Commerce.For great ponds,rivers and
streams,the present arithmetic mean of high water heights observed over a one-year period using the best
available data as determined by DEP.
Historic High Water Mark-The high water mark that existed prior to human alteration of the shoreline by
filling,dredging,excavating,impounding,or by other means.
Small Docks and Piers Guidance 24
Glossary
Historic Low Water Mark -The low water mark that existed prior to human alteration of the shoreline by
filling,dredging,excavating,impounding,or by other means.
Intertidal -The area between the high water and low water marks.
Jetting -Injection of water under pressure,usually from jets located on opposite sides of a pile,to pre-excavate
a hole for inserting a pile into the ground.
Land Containing Shellfish -Land under the ocean,tidal flats,rocky intertidal shores,salt marshes,and land
under salt ponds when any such land contains shellfish.
Land Under the Ocean -Land extending from the mean low water line seaward to the boundary of the
municipality's jurisdiction and includes land under estuaries.
Low Water Mark -the present mean low tide line,as established by the present arithmetic mean of water
heights observed at low tide over a specific 19-year Metonic cycle,determined by using hydrographic survey
data of the National Ocean Survey and the US Department of Commerce.
Notice of Intent -An application under the Wetlands Protection Act to do work that will alter any area(s)
subject to jurisdiction of the Act.
Order of Conditions -A document issued by the municipal conservation commission under the Wetlands
Protection Act containing conditions that regulates or prohibits an activity that alters any area(s)subject to
jurisdiction of the Act.
Private Tidelands -Tidelands held by a private party subject to an easement of the public for the purposes of
navigation and free fishing and fowling and of passing freely over and through the water.Generally,private
tidelands lie landward of the historic low water mark or of a line running 1650 feet seaward of the historic high
water mark,whichever is farther landward.
Public Waterfront Act -Massachusetts General Laws Chapter 91,also known as the state "waterways"law
administered by the Waterways program.
Rocky Intertidal Shores -Naturally occurring rocky areas,such as bedrock or boulder-strewn areas between
the mean high water line and the mean low water line.
Scouring-The clearing and digging action of flowing water,especially the downward erosion caused by
stream water in sweeping away mud and silt from the streambed and outside bank of a curved channel.
Shellfish -Includes the following:Bay scallops,Blue Mussel,Ocean Quahog,Oyster,Quahog,Razor Clam,
Sea Clam,Sea Scallop,and Soft Clam.
Structure -Any man-made object which is intended to remain in place in,on,over,or under tidelands,great
ponds,or other waterways.Structures do not include any mooring,float or raft which has been authorized by
annual permit of the local harbormaster.
25 Small Docks and Piers Guidance
Glossary
Superseding Determination of Applicability -A written finding by DEP as to whether a site or the
work proposed is subject to the jurisdiction of the Wetlands Protection Act.DEP's finding occurs after
an appeal of a conservation commission's Determination of Applicability.
Superseding Order of Conditions -A document issued by DEP under the Wetlands Protection Act
containing conditions that regulates or prohibits an activity that impacts or alters wetland resource
area(s)specified under the Act.DEP's Order occurs after an appeal of a conservation commission's
Order of Conditions.
Tidelands -Present and former submerged lands and tidal flats lying below the present or historic
high water mark,whichever is farther landward,and the seaward limit of state jurisdiction.Tidelands
include flowed and filled tidelands,private tidelands and Commonwealth Tidelands.
Water-dependent Uses -Those uses and facilities which require direct access to,or location in,
waterways and therefore cannot be located inland,including but not limited to:marinas,recreational
uses,navigational and commercial fishing and boating facilities,water-based recreational uses,
navigation aids,basins,and channels.
Waterway-any area of water and associated submerged land or tidal flay lying below the high water
mark of any navigable river or stream,and Great Pond,or any portion of the Atlantic Ocean within
state jurisdiction.
Wetlands Protection Act -The Massachusetts Wetlands Protection Act (Massachusetts General
Laws Chapter 131,Section 40)states that no person may remove,fill,dredge,or alter certain wetland
resource areas without first filing a Notice of Intent and obtaining an Order of Conditions.The Act
requires that the Order contain certain conditions to preserve and promote the protection of public or
private water supply and groundwater supply,flood control,storm damage protection,the prevention of
pollution and the protection of fisheries,land containing shellfish,and wildlife habitat.
Small Docks and Piers Guidance 26
Bibliography
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Small Docks and Piers Guidance 28