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Adopted in 1866, Massachusetts General Law Chapter 91 protects the public's interest in waterways of the Commonwealth. It ensures that public rights to fish, fowl and navigate are not unreasonably restricted and that unsafe or hazardous structures are repaired or removed.
Do I need a permit to build a pond in Massachusetts?
Any project within 100 feet of wetland or 200 feet of a perennial stream requires a wetland permit. All projects within the 100-year floodplain and endangered species habitat are required to obtain permits too.
What triggers MEPA review?
MEPA review is required when one or more review thresholds are met or exceeded and the subject matter of at least one review threshold is within MEPA jurisdiction.
Who owns lakes in Massachusetts?
GREGOR I. McGREGOR, ESQ. \u201cThe waters and the land under them beyond the line of private ownership are held by the State, both as owner of the fee and as repository of sovereign power, with a perfect right of control in the interest of the public.\u201d Home of Aged Women v. Commonwealth, 202 Mass.
How many ponds are in Massachusetts?
Massachusetts has over 3000 lakes and ponds that provide opportunities for recreation and valuable habitat for a wide diversity of plants and animals. However, over the years, many citizens of Massachusetts have observed a decline in the health of their lakes and ponds.
A great pond is defined as any pond or lake that contained more than 10 acres in its natural state. Ponds that once measured 10 or more acres in their natural state, but which are now smaller, are still considered great ponds.
Do I need a permit to dig a pond in Massachusetts?
Great Ponds - A Great Pond is a pond having a water surface area of 10 acres or more in its natural (historic) state. Chapter 91 authorization is required for all activities in, on, over, or under the entire area of any Great Pond, whether larger or smaller today than historically.
Can you own a pond in Massachusetts?
Massachusetts General Law states that all great ponds must be open for fishing and boating, including providing reasonable access to the pond, except for reservoirs.
Related links
Waterways Program (Chapter 91) - MassDEP - Mass.gov
The program issues licenses for projects in waterways and ensures that projects meet public-access requirements. First time? Start here. Guide: Waterways ...
The Blackstone River is a river in the U.S. states of Massachusetts and Rhode Island. It flows approximately 48 mi (80 km) and drains a watershed of ...
310 CMR 9.16 - Fees ; Chapter 91 Waterways License -Water-dependent ; Water-dependent Residential Project, accessory to a residential use of four units or less.
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