Massachusetts Land Use Monitor

Massachusetts Land Use Monitor

Real-Time News & Commentary on Massachusetts Land Use & Real Estate Law

Tag Archives: Chapter 91


Posted in Boston Development, Environmental, Waterfront Property
The Boston Planning and Development Agency recently released the Downtown Waterfront District Municipal Waterfront Plan (the “Waterfront Plan”).  While virtually the entire Boston Harbor Waterfront is subject to Chapter 91 jurisdiction, municipalities are allowed to modify Chapter 91 regulations, as recently amended and promulgated by MassDEP, by enacting municipal harbor plans.  In return for the regulatory flexibility, municipal harbor… Continue Reading

Beverly Port Marina and the Fates of Permitting

Posted in Environmental, Miscellaneous, Waterfront Property
If you think land use is simple, read Beverly Port Marina, Inc. v. Department of Environmental Protection — not just the recent Appeals Court decision but the underlying agency decision.  What’s so difficult?  Begin with a smorgasbord of government laws and programs:  Chapter 91, the Coastal Zone Management Plan, procurement law, the urban self-help program, Article… Continue Reading

MassDEP Regulatory Reform Will Streamline Chapter 91

Posted in Environmental
Mass DEP recently released a progress report (pdf) on its Regulatory Reform Initiative.  First launched in the spring of 2011, the reform initiative has entailed an agency-wide assessment of current practices and regulations, spawning a detailed action plan (pdf) and extensive public input, as well as a broadening of the initiative by identifying additional areas for reform.  The initiative is intended to simplify the regulatory process by introducing general permitting,… Continue Reading

MassDEP’s Chapter 91 Jurisdiction: Where’s The Line Between Fact And Fiction?

Posted in Waterfront Property
A recent MassDEP administrative decision, In the Matter of Armstrong (pdf), proves that you can fight City Hall (in this case, MassDEP) and win.  However, it also demonstrates the level of effort needed to be victorious.  At issue in Armstrong was the accuracy of the 2006 Chapter 91 Mapping Project that was performed to establish presumptive Chapter 91 lines… Continue Reading