Skip to main content
CityRuleLookup

Massachusetts Statewide Rule

Massachusetts Chapter 91 Public Waterfront Act Coastal Licensing

Heavy RestrictionsApplies statewide across Massachusetts (2026)

Key Facts

Statute
MGL c.91
Regulation
310 CMR 9.00
Issuer
MassDEP statewide
Scope
Tidelands and waterways
Last verified: August 20, 2026Source: Massachusetts General Court

Summary

Massachusetts regulates all tidelands and coastal development statewide under Chapter 91 (MGL c.91) and 310 CMR 9.00, requiring state licenses for structures and fill in tidelands regardless of municipality.

No person shall remove, fill, dredge or alter any bank, riverfront area, fresh water wetland, coastal wetland, beach, dune, flat, marsh, meadow or swamp bordering on the ocean or on any estuary, creek, river, stream, pond, or lake, or any land under said waters or any land subject to tidal action, coastal storm flowage, or flooding, other than in the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, sewer, water, telephone, telegraph and other telecommunication services, without filing written notice of his intention to so remove, fill, dredge or alter, including such plans as may be necessary to describe such proposed activity and its effect on the environment and without receiving and complying with an order of conditions and provided all appeal periods have elapsed.

Source: Massachusetts General CourtView official code

Full Breakdown

MGL c.91, the Public Waterfront Act, requires a state license from MassDEP for any fill, structure, or change of use in tidelands, Great Ponds, and navigable waters. Implementing regulations at 310 CMR 9.00 establish uniform standards for water-dependent uses, public access, and historic public rights. The Massachusetts Office of Coastal Zone Management provides federal consistency review under the Coastal Zone Management Act. Local approvals do not substitute for required Chapter 91 licenses.

Violations & Penalties

Unlicensed structures or fill can be ordered removed at the owner's expense, with fines up to $25,000 per day under MGL c.21A §16 and Chapter 91 enforcement.

Frequently Asked Questions

Do I need a Chapter 91 license for a small dock in Massachusetts?
Yes for most docks, piers, and floats in tidelands or navigable waters. Some small recreational docks may qualify for general license categories under 310 CMR 9.05.
Does a local conservation permit replace a Chapter 91 license?
No. Chapter 91 licensing by MassDEP is separate from and in addition to local conservation commission orders under the Wetlands Protection Act.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.