MassDEP extends comment period on multiple waterways regulations

The Massachusetts Department of Environmental Protection has extended the public comment period through April 30 on several regulatory updates that affect public and private waterways and permitting requirements for dredging projects.

The proposed regulatory changes were released in January and are related to waterways, wetlands protection and water quality certification, coastal floodplain standards, and stormwater standards and water quality improvements.

The comment period was initially set to close on March 1.

Waterways
The MassDEP’s regulations on waterways seek to protect and promote tidelands, great ponds, and non-tidal rivers and streams. Under the Massachusetts Public Waterfront Act, MassDEP issues licenses for projects located in waterways and maintains that projects meet the necessary public-access requirements. The proposed update to these regulations would amend licensing to better reflect potential consequences of climate change that could impact these waterways.

Information on the proposed regulations, including a summary document, can be found on the MassDEP’s website, along with a frequently asked questions page on waterways permitting.

Recordings of two public information sessions as well as two public hearings on this regulatory package can be viewed on the MassDEP’s Youtube page.

Comments may be submitted by email to dep.waterways@mass.gov with “Waterways Resilience Comments” in the subject line.

Wetlands protection and water quality certification
The MassDEP has proposed wetlands-related regulations to promote environmental protection and public safety in the face of climate change impacts. Amendments would affect Wetlands Protection Act regulations (310 CMR 10.00) and Water Quality Certification regulations (314 CMR 9.00). The proposed revisions would introduce new coastal floodplain standards, allow for additional resilience provisions, update stormwater standards for flood protection, and make water quality improvements, all related to increased incidences of flooding, storm damage, sea-level rise, and runoff pollution.

Proposed “Land Subject to Coastal Storm Flowage” standards — new performance standards impacting development in coastal floodplains — would respond to sea-level rise by reducing damage to property, infrastructure and the natural shoreline.

Proposed regulations related to stormwater standards and water quality improvements would update precipitation data to reflect current standards. The proposed changes are intended to help move more stormwater efficiently and better align state practices with the U.S. Environmental Protection Agency’s requirements for stormwater pollutant management through MS4 permits that apply to more than 260 communities.

Additional resilience provisions and details can be found in background documents and on the MassDEP regulation webpage.

Recordings of three public information sessions on the proposed regulations are available on the MassDEP’s Youtube page.

Comments may be submitted by email to dep.wetlands@mass.gov with “Wetlands-401 Resilience Comments” in the subject line.