LegalFix

Section 1 - Definitions

MA Gen L ch 91 § 1 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Section 1. In this chapter, unless the context otherwise requires, the following words shall have the following meanings:

''Boston harbor'', that part of Boston harbor lying westerly and inside of a line drawn between Point Allerton on the south and the southerly end of Point Shirley on the north.

''Department'', the department of environmental protection; provided, however, that in sections two, two A, three, four, five, six, seven, eight, nine, nine A, ten, eleven, eighteen A, twenty-five, twenty-seven, twenty-nine, twenty-nine A, thirty-one, thirty-two, thirty-three, thirty-six, thirty-seven, thirty-eight, thirty-nine, forty, forty-one, forty-two, forty-three, 43A, 43B, 43C, forty-five, forty-six, forty-seven, forty-eight, forty-nine, forty-nine A and fifty, the word ''Department'' shall mean the department of conservation and recreation.

''Landlocked tidelands'', filled tidelands, which on January 1, 1984 were entirely separated by a public way or interconnected public ways from any flowed tidelands, except for any portion of such filled tidelands that are presently located: (a) within 250 feet of the high water mark of flowed tidelands; or (b) within any designated port area under the Massachusetts coastal zone management program. For the purposes of this definition, a public way may also be a landlocked tideland, except for any portion thereof which is presently within 250 feet of the high water mark of flowed tidelands.

''Structure'' or ''structures'', as used in sections ten, twelve to twenty-two, inclusive, twenty-eight and thirty-four, shall include pipe lines, wires and cables, and all words used in connection with ''structure'' or ''structures'' shall mean and include their appropriate equivalent as applied to pipe lines, wires and cables.

''Tidelands'', present and former submerged lands and tidal flats lying below the mean high water mark.

''Commonwealth tidelands'', tidelands held by the commonwealth in trust for the benefit of the public or held by another party by license or grant of the commonwealth subject to an express or implied condition subsequent that it be used for a public purpose.

''Private tidelands'', tidelands held by a private party subject to an easement of the public for the purposes of navigation and free fishing and fowling and of passing freely over and through the water.

''Secretary,'' the secretary of the executive office of energy and environmental affairs.

''Substantial change in use'', a use for a continuous period of at least one year of ten per cent or more of the surface area of the authorized or licensed premises or structures for a purpose unrelated to the authorized or licensed use or activity.

''Substantial structural alteration'', a change in the dimensions of a principal building or structure which increases by more than ten per cent the height or ground coverage of the building or structure specified in the authorization or license, or an increase by more than ten per cent of the surface area of the fill specified in the authorization or license.

''Water-dependent uses'', those uses and facilities which require direct access to, or location in, marine or tidal waters and which therefore cannot be located inland, including but not limited to: marinas, recreational uses, navigational and commercial fishing and boating facilities, water-based recreational uses, navigation aids, basins, and channels, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or process water which cannot reasonably be located or operated at an inland site.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 1 - Definitions