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MassDEP Proposes Regulations for Public Comment on 310 CMR 10.00, Wetlands Protection, and 314 CMR 9.00

1/8/2024 ACEC Matters

MassDEP Proposes Regulations for Public Comment on:

310 CMR 10.00, Wetlands Protection, and

314 CMR 9.00: 401 Water Quality Certification for Discharges of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth

More information on this MassDEP Page: https://www.mass.gov/info-details/massdep-public-hearings-comment-opportunities

Name & Citation of Regulation: 310 CMR 10.00, Wetlands Protection, and 314 CMR 9.00: 401 Water Quality Certification for Discharges of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth

Brief Explanation and Rationale for Changes: MassDEP is proposing to modify the Wetlands Protection regulations and the 401 Water Quality Certification regulations to accomplish two main objectives:

  • Promote coastal resiliency against worsening impacts of storms, flooding, and sea level rise through
    • First-time standards to protect the coastal floodplain (Land Subject to Coastal Storm Flowage or “LSCSF”) from damage, which will help to maintain its natural capacity to protect structures and properties from storm damage and sea level rise
    • Provisions to support resilient shorelines, roadways, and water dependent uses and to allow scientific test projects to study effects of climate change
  • Promote resiliency against increasing flooding, storm damage, and runoff pollution through updated stormwater management standards by
    • Incorporating current science and data for better rainfall estimates into updated stormwater management rules and replace outdated (60-year-old) precipitation data
    • Improving consistency between state regulations and EPA stormwater permit
    • Encouraging use of nature in design (“environmental design”) through seven cost-effective green design credits in lieu of built structures

Web Link to View Regulations: https://www.mass.gov/service-details/massdep-public-hearings-comment-opportunities

Public Hearing and Comment Information:
MassDEP will conduct three virtual public information sessions.

MassDEP will conduct three virtual public hearings.

Written comments will be accepted until 5:00 PM on March 1, 2024. The Department encourages electronic submission by email to dep.wetlands@mass.gov; and must include "Wetlands-401 Resilience Comments" in the subject line. In lieu of electronic submittal, paper comments may be mailed to:

MassDEP - BWR Wetlands Program
Attn:Wetlands-401 Resilience Comments
100 Cambridge Street, Suite 900
Boston, MA 02114

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