riverfront training

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Some Key Points, Tips, Helpful Charts on Riverfront Brought to you through a grant from the Berkshire Environmental Fund Berkshire Conservation Agent Program presents Should I or shouldn’t I?

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NOTE: This presentation contains extensive additional information in the speaker notes. To view the speaker notes please download the presentation and view with Microsoft PowerPoint. Click on view, then click on notes page.

Filing Fees 310 CMR 10.03(7)(c): 

Filing Fees 310 CMR 10.03(7)(c) (c) Activities Subject to Notice of Intent Fees. The following activity descriptions are intended to include all activities subject to filing of a Notice of Intent under M.G.L. c. 131 § 40. The fees imposed by 310 CMR 10.03 are applicable only to those activities subject to jurisdiction under M.G.L. c. 131, § 40. The fee for work proposed under a single Notice of Intent that involves more than one activity noted below, shall be determined by adding the fees for each of the proposed activities. When the work involves activities within the riverfront area as well as another resource area or the buffer zone, the fee shall be determined by adding an additional 50% of the fee calculated for activities in another resource area(s) or the buffer zone to another resource area for each of the proposed activities within the riverfront area. When the work involves activities within the riverfront area but no other resource area, the fee shall be determined by adding the fees for each of the proposed activities within the riverfront area.

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Alter means to change the condition of any Area Subject to Protection Under M.G.L. c. 131, § 40. Examples of alterations include, but are not limited to, the following: (a) the changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns and flood retention areas; (b) the lowering of the water level or water table; (c) the destruction of vegetation; (d) the changing of water temperature, biochemical oxygen demand (BOD), and other physical, biological or chemical characteristics of the receiving water. Provided, that when the provisions of 310 CMR 10.03(6) and 10.05(3) or 333 CMR 11.03(9) have been met, the application of herbicides in the Buffer Zone in accordance with such plans as are required by the Department of Food and Agriculture pursuant to 333 CMR 11.00: Right of Way Management, effective July 10, 1987, is not an alteration of any Area Subject to Protection Under M.G.L. c. 131, § 40. Dredge means to deepen, widen or excavate, either temporarily or permanently. Fill means to deposit any material so as to raise an elevation, either temporarily or permanently. Remove means to take away any type of material, thereby changing an elevation, either temporarily or permanently. Some key definitions from 310 CMR 10.04

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Activity means any form of draining, dumping, dredging, damming, discharging, excavating, filling or grading; the erection, reconstruction or expansion of any buildings or structures; the driving of pilings; the construction or improvement of roads and other ways; the changing of run-off characteristics; the intercepting or diverging of ground or surface water; the installation of drainage, sewage and water systems; the discharging of pollutants; the destruction of plant life; and any other changing of the physical characteristics of land. River means any natural flowing body of water that empties to any ocean, lake, pond, or other river and which flows throughout the year. River is defined further at 310 CMR 10.58(2). Stream means a body of running water, including brooks and creeks, which moves in a definite channel in the ground due to a hydraulic gradient, and which flows within, into or out of an Area Subject to Protection Under M.G.L. c. 131, § 40. A portion of a stream may flow through a culvert or beneath a bridge. Such a body of running water which does not flow throughout the year (i.e., which is intermittent) is a stream except for that portion upgradient of all bogs, swamps, wet meadows and marshes. Some key definitions from 310 CMR 10.04

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Vernal pool habitat means confined basin depressions which, at least in most years, hold water for a minimum of two continuous months during the spring and/or summer, and which are free of adult fish populations, as well as the area within 100 feet of the mean annual boundaries of such depressions, to the extent that such habitat is within an Area Subject to Protection Under M.G.L. c. 131, § 40 as specified in 310 CMR 10.02(1). These areas are essential breeding habitat, and provide other extremely important wildlife habitat functions during non-breeding season as well, for a variety of amphibian species such as wood frog (Rana sylvatica) and the spotted salamander (Ambystoma macultum), and are important habitat for other wildlife species. Formerly or presently owned means owned by the same owner at any time on or after August 1, 1996. Vista Pruning means the selective thinning of tree branches or understory shrubs to establish a specific "window" to improve visibility. Vista pruning does not include the cutting of trees which would reduce the leaf canopy to less than 90% of the existing crown cover and does not include the mowing or removal of understory brush. Some key definitions from 310 CMR 10.04

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Lot means an area of land in one ownership, with definite boundaries. Water-dependent uses mean those uses and facilities which require direct access to, or location in, marine, tidal or inland waters and which therefore cannot be located away from said waters, including but not limited to: marinas, public 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 upland site, crossings over or under water bodies or waterways (but limited to railroad and public roadway bridges, tunnels, culverts, as well as railroad tracks and public roadways connecting thereto which are generally perpendicular to the water body or waterway), and any other uses and facilities as may further hereafter be defined as water-dependent in 310 CMR 9.00. Some key definitions from 310 CMR 10.04

Some key definitions from 310 CMR 10.04: 

Densely developed area means a riverfront area that has been designated by the Secretary of the Executive Office of Environmental Affairs at the request of a city or town, limited to an area of 10 acres or more that is being utilized, or includes existing vacant structures or vacant lots formerly utilized as of January 1, 1944 or sooner, for intensive industrial, commercial, institutional, or residential activities or combinations of such activities, including, but not limited to the following: manufacturing, fabricating, wholesaling, warehousing, or other commercial or industrial activities; retail trade and service activities; medical and educational institutions; residential dwelling structures at a density of three or more per two acres; and mixed or combined patterns of the above. Land which is zoned for intensive use but is not utilized for such use as of January 1, 1997 shall not be designated as a densely developed area. Rivers within the municipalities identified in 310 CMR 10.58(2)(a)3.a. also have 25 foot riverfront areas. Some key definitions from 310 CMR 10.04

Some key definitions from 310 CMR 10.04: 

Historic Mill Complex means the mill complexes in, but not limited to, Holyoke, Taunton, Fitchburg, Haverhill, Methuen, and Medford in existence prior to 1946 and situated landward of the waterside facade of a retaining wall, building, sluiceway, or other structure existing on August 7, 1996. An historic mill also means any historic mill included on the Massachusetts Register of Historic Places. An historic mill complex includes only the footprint of the area that is or was occupied by interrelated buildings (manufacturing buildings, housing, utilities, parking areas, and driveways) constructed before and existing after 1946, used for any type of manufacturing or mechanical processing and including associated structures to provide water for processing, to generate water power, or for water transportation. Mitigation means rectifying an adverse impact by repairing, rehabilitating or restoring the affected resource area or compensating for an adverse impact by enhancing or providing replacement resource area Project Purpose means the general, functional description of an activity proposed within the riverfront area (e.g., construction of a single family house, expansion of a commercial development). Some key definitions from 310 CMR 10.04

When does a project not have to meet all or some of the RF performance standards?: 

When does a project not have to meet all or some of the RF performance standards? Limited projects – 310 CMR 10.53(3)(a)-(s) Redevelopment – 10.58(5) New Single family houses & septic systems - 10.58(4)(d)3. Existing septic systems – 10.58(6)(b)

When does a project not have to meet all or some of the RF performance standards?: 

When does a project not have to meet all or some of the RF performance standards? Commercial structures - 10.58(4)(d)4. Stormwater management systems - 10.02(3) Replication and compensatory storage, stormwater management systems & temporary impacts from linear site-related utilities- 10.58(4)(d)1.a.

When does a project not have to meet all or some of the RF performance standards?: 

When does a project not have to meet all or some of the RF performance standards? Exemptions in the Wetlands Protection Act Exemptions in the Rivers Protection Act

Grandfathering or Exemptions from RF at 310 CMR 10.58(6)(a)-(k).: 

(a) Any excavation, structure, road, clearing, driveway, landscaping, utility line, rail line, airport owned by a political subdivision, marine cargo terminal owned by a political subdivision, bridge over two miles long, septic system, or parking lot within the riverfront area in existence on August 7, 1996. Maintenance of such structures or areas is allowed (including any activity which maintains a structure, roads (limited to repairs, resurfacing, repaving, but not enlargement), clearing, landscaping, etc. in its existing condition) without the filing of a Notice of Intent for work within the riverfront area, but not when such work is within other resource areas or their buffer zones except as provided in 310 CMR 10.58(6)(b). Changes in existing conditions which will remove, fill, dredge or alter the riverfront area are subject to 310 CMR 10.58, except that the replacement within the same footprint of structures destroyed by fire or other casualty is not subject to 310 CMR 10.58. Grandfathering or Exemptions from RF at 310 CMR 10.58(6)(a)-(k).

Grandfathering or Exemptions from RF at 310 CMR 10.58(6)(a)-(k).: 

Grandfathering or Exemptions from RF at 310 CMR 10.58(6)(a)-(k). (b) Certain minor activities as identified in 310 CMR 10.02(2)(b)1. (c) On-site sewage disposal systems in existence on August 7, 1996 and the repair or upgrade of existing systems in compliance with 310 CMR 15.000. New construction of a system under 310 CMR 15.000 must comply with 310 CMR 10.58, subject to the presumption for the siting of systems in 310 CMR 10.03. (d) The expansion of structures, airports, and marine cargo terminals, provided they are owned by a political subdivision and the expansion activity was physically begun on or before November 1, 1996.

Grandfathering or Exemptions from RF at 310 CMR 10.58(6)(a)-(k).: 

Grandfathering or Exemptions from RF at 310 CMR 10.58(6)(a)-(k). (e) Projects for which a draft environmental impact report was prepared and submitted pursuant to M.G.L. c. 30, § 62B, on or before November 1, 1996, or as extended by the Department for just cause but no later than December 31, 1996. (f) Projects for which a building permit conforming to local requirements was filed on or before October 1, 1996 & granted on or before April 1, 1997, or as extended by the Con Com for just cause by no more than 60 days. (g) The road and infrastructure shown on a definitive subdivision plan approved or endorsed under M.G.L. c. 41, § 81U, on or before August 1, 1996. Activities on the subdivided lots are subject to 310 CMR 10.58 unless they received a building permit under 310 CMR 10.58(6)(f).

Grandfathering or Exemptions from RF at 310 CMR 10.58(6)(a)-(k).: 

Grandfathering or Exemptions from RF at 310 CMR 10.58(6)(a)-(k). (h) Construction, expansion, repair, restoration, alteration, replacement, operation and maintenance of public or private local or regional wastewater treatment plants and their related structures, conveyance systems, and facilities, including utility lines. (i) Structures and activities subject to a M.G.L. c. 91 waterways license or permit, or authorized prior to 1973 by a special act, are exempt, provided the structure or activity is subject to jurisdiction and obtains a license, permit, or authorization under 310 CMR 9.00. (j) Activities within riverfront areas subject to a protective order under M.G.L. c. 21, § 17B, the Scenic Rivers Act. (k) Activities on land occupied by historic mill complexes.

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310 CMR 10.58(6) In RF ONLY - NOT in another RA or BZ In RF and another RA In RF and BZ Subsection (a): Maintenance of any excavation, structure, road, clearing, driveway, landscaping, utility line, rail line, airport owned by political subdivision, bridge over 2 miles long, septic system, or parking lot in their existing condition that were in existence on August 7, 1996, provided work is NOT within another resource area or buffer zone. (Note: maintenance of structures built in RF after 8/7/96 are NOT exempt). Road maintenance is limited to repairs, resurfacing, repaving, but not enlargement. Subsections (c-k): NOTE: Work must meet the criteria listed for each project type c-k at 310 CMR 10.58(6) Subsection (b): Minor activities provided they are NOT within any other RA. NOTE: Work must meet the criteria listed for each minor project type a-g. at 310 CMR 10.02(2)(b)1.a.-g. Maintenance in existing conditions is exempt from RF provided work does not remove, fill, dredge or alter RF. See definitions of remove, fill, dredge alter at 10.04 Definitions. If maintenance work will remove, fill, dredge or alter RF an NOI must be filed. Maintenance is exempt from all other sections of 310 CMR 10 because work is not in another RA or BZ Exception: rebuilding in the same footprint, a structure destroyed by fire or other casualty is exempt from RF even if it removes, fills, dredges or alters the RF. Exempt from RF section and exempt from all other sections of 310 CMR 10 because work is not in another RA or BZ. However, work must meet the criteria listed for each minor project type a-g at 310 CMR 1002(2)(b)1.a.-g. For example, vista pruning must be more than 50 feet from mean annual high water. Be sure to carefully review the criteria for each project type. Maintenance is NOT exempt from RF, because work is also in another RA and the work is also subject to all sections of 310 CMR 10 for all other RA’s where work is proposed Exception: rebuilding in the same footprint, a structure destroyed by fire or other casualty is exempt from RF, however, it is subject to sections of 310 CMR 10 for all other impacted resource areas. NOT exempt from RF because work is also in another RA. Work is also subject to all sections of 310 CMR 10 for all other RA’s where work is proposed. Even though the project may meet the definition of a minor project, if it is also located in another resource area it is no longer exempt!   Exempt from RF, only and work is subject to all sections for all other RA’s where work is proposed. However, work must meet the criteria listed for Each project type c-k. Be sure to carefully review the criteria for each project type. Maintenance is NOT exempt from RF because work is also in buffer zone and work is also subject to 10.02(2)(b) and 10.53(1) for work in the buffer zone. Exception: rebuilding in the same footprint a structure destroyed by fire or other casualty is exempt from RF, however, it is subject to section 10.02(2)(b) and 10.53(1).   Exempt from RF section and all of 310 CMR 10 because work is not in another RA. However, work must meet the criteria listed for each project type a-g. at 310 CMR 10.02(2)(b)(1).a.-g. For example, vista pruning must be more than 50 feet from mean annual high water. Be sure to carefully review the criteria for each project type. (Note: Minor projects located only in buffer zone are exempt from 310 CMR 10 provided work meets the criteria listed for each minor project type a-g at 310 CMR 1002(2)(b)1.a.-g.) Exempt from RF and exempt from all other sections of 310 CMR 10 because work is not in another RA or BZ. However, work must meet the criteria listed for each project type c-k. Be sure to carefully review the criteria for each project type. Exempt from RF. However, work must meet the criteria listed for each project type c-k. Be sure to carefully review the criteria for each project type. Work is subject to sections 10.02(2)(b) and 10.53(1) for work in the BZ.

Minor Activities 10.58(6)(b) and 10.02(2)(b)1.: 

Minor Activities 10.58(6)(b) and 10.02(2)(b)1. 10.02(2)(b)1. Minor activities within the buffer zone and outside any areas specified in 310 CMR 10.02(1)(a) through (e) are not subject to regulation under M.G.L. c. 131, § 40: a. Unpaved pedestrian walkways for private use; b. Fencing, provided it will not constitute a barrier to wildlife movement; stonewalls; stacks of cordwood; c. Vista pruning, provided the activity is located more than 50 feet from the mean annual high water line within a riverfront area or from bordering vegetated wetland, whichever is farther. (Pruning of landscaped areas is not subject to jurisdiction under 310 CMR 10.00.); d. Plantings of native species of trees, shrubs, or groundcover, but excluding turf lawns; e. The conversion of lawn to uses accessory to residential structures such as decks, sheds, patios, and pools, provided the activity is located more than 50 feet from the mean annual high-water line within the riverfront area or from bordering vegetated wetland, whichever is farther, and erosion and sedimentation controls are implemented during construction. The conversion of such uses accessory to existing single family houses to lawn is also allowed. (Mowing of lawns is not subject to jurisdiction under 310 CMR 10.00); f. The conversion of impervious to vegetated surfaces, provided erosion and sedimentation controls are implemented during construction; and g. Activities that are temporary in nature, have negligible impacts, and are necessary for planning and design purposes (e.g., installation of monitoring wells, exploratory borings, sediment sampling and surveying).

Presumption on septic systems at 310 CMR 10.03(3): 

Presumption on septic systems at 310 CMR 10.03(3) A subsurface sewage disposal system that is to be constructed in compliance with the requirements of 310 CMR 15.000 Subsurface Disposal of Sanitary Sewage (Title 5), or more stringent local board of health requirements, shall be presumed to protect the eight interests identified in M.G.L. c. 131, § 40, but only if none of the components of said system is located within a bvw and only if the soil absorption system of said system is set back at least 50 feet horizontally from the boundary of the bvw, as required by 310 CMR 15.211 (Title 5), or a greater distance as may be required by more stringent local ordinance, by-law or regulation. To protect wildlife habitat within riverfront areas, the soil absorption system shall not be located within 100 feet of the mean annual high-water line unless there is no alternative location on the lot which conforms to310 CMR 15.000 without requiring a variance as determined by the local Board of Health, with less adverse effects on resource areas. This presumption, however, shall apply only to impacts of the discharge from a sewage disposal system, and not to the impacts from construction of that system, such as erosion and siltation from the

Presumption on septic systems at 310 CMR 10.03(3) cont.: 

Presumption on septic systems at 310 CMR 10.03(3) cont. excavation, placement of fill, or removal of vegetation. Impacts from construction shall be minimized by the placement of erosion & sedimentation controls during excavation, limiting the placement of fill, confining the removal of vegetation to that necessary for the footprint of the system, & taking other measures deemed necessary by the issuing authority. The setback distance specified above shall be determined by measuring from the boundary of the area in question or from the contour at the mean annual flood elevation in inland areas, whichever is further from the water body. The setback distance specified above shall not be required for the renovation or replacement (but is required for the substantial enlargement) of septic systems constructed prior to the effective date of 310 CMR 10.00, provided no alternative location is available on the lot and & such work has been approved by the local board of health or the Department, as required by law. This presumption may be overcome only by credible evidence from a competent source that compliance with 310 CMR 15.000: Subsurface Disposal of Sanitary Sewage (Title 5) or more stringent local requirements will not protect the interests identified in M.G.L. c. 131, §40.

What is Riverfront? 310 CMR 10.58(2)(a): 

What is Riverfront? 310 CMR 10.58(2)(a) A Riverfront Area is the area of land between a river's mean annual high water line and a parallel line measured horizontally. The riverfront area may include or overlap other resource areas or their buffer zones. The riverfront area does not have a buffer zone. 1. A river is any natural flowing body of water that empties to any ocean, lake, pond, or other river and which flows throughout the year. Rivers include streams (see 310 CMR 10.04: Stream) that are perennial because surface water flows within them throughout the year. Intermittent streams are not rivers as defined herein because surface water does not flow within them throughout the year. When surface water is not flowing within an intermittent stream, it may remain in isolated pools or it may be absent. When surface water is present in contiguous and connected pool/riffle systems, it shall be determined to be flowing. Rivers begin at the point an intermittent stream becomes perennial or at the point a perennial stream flows from a spring, pond, or lake. Downstream of the first point of perennial flow, a stream normally remains a river except where interrupted by a lake or pond. Upstream of the first point of perennial flow, a stream is normally intermittent.

Perennial vs. Intermittent per 310 CMR 10.58(2)(a)1.: 

Perennial vs. Intermittent per 310 CMR 10.58(2)(a)1. a. A river or stream shown as perennial on the current United States Geological Survey (USGS) or more recent map provided by the Department is perennial. b. A river or stream shown as intermittent or not shown on the current USGS map or more recent map provided by the Department, that has a watershed size greater than or equal to one square mile, is perennial. c. A stream shown as intermittent or not shown on the current USGS map or more recent map provided by the Department, that has a watershed size less than one square mile, is intermittent unless: i. The stream has a watershed size of at least one-half (0.50) square mile and has a predicted flow rate greater than or equal to 0.01 cubic feet per second at the 99% flow duration using the USGS Stream Stats method. The issuing authority shall find such streams to be perennial; or ii. When the USGS StreamStats method cannot be used because the stream does not have a mapped and digitized centerline, and the stream has a watershed size of at least one-half (0.50) square mile, and the surficial geology of the contributing drainage area to the stream at the project site contains 75% or more stratified drift, the issuing authority shall find such streams to be perennial. Stratified drift shall mean sand and gravel deposits that have been layered and sorted by glacial meltwater streams. Areal percentages of stratified drift may be determined using USGS surficial geologic maps, USGS Hydrological Atlases, Massachusetts Geographical Information System (MassGIS) surficial geology data layer, or other published or electronic surficial geological information from a credible source.

Proving intermittent per 310 CMR 10.58(2)(a)1.d.: 

Notwithstanding 310 CMR 10.58(2)(a)1.a. through c., the issuing authority shall find that any stream is intermittent based upon a documented field observation that the stream is not flowing. A documented field observation shall be made by a competent source & shall be based upon an observation made at least once per day, over four days in any consecutive 12 month period, during a non-drought period on a stream not significantly affected by drawdown from withdrawals of water supply wells, direct withdrawals, impoundments, or other man-made flow reductions or diversions. Field observations made after 12/20/2002 shall be documented by field notes and by dated photographs or video. Field observations made prior to 12/20/2002 shall be documented by credible evidence. All field observations shall be submitted to the issuing authority with a statement signed under the penalties of perjury attesting to the authenticity and veracity of the field notes, photographs or video & other credible evidence. Department staff, conservation commissioners, & conservation commission staff are competent sources; issuing authorities may consider evidence from other sources that are determined to be competent. Proving intermittent per 310 CMR 10.58(2)(a)1.d.

What else is a river? 310 CMR 10.58(2)(a)1.e and f: 

What else is a river? 310 CMR 10.58(2)(a)1.e and f e. Rivers include the entire length and width to the mean annual high-water line of the major rivers (Connecticut, Deerfield, Farmington, Hoosic, Housatonic, and Westfield). f. Rivers include perennial streams that cease to flow during periods of extended drought. Periods of extended drought for purposes of 310 CMR 10.00 shall be those periods, in those specifically identified geographic locations, determined to be at the “Advisory” or more severe drought level by the Massachusetts Drought Management Task Force, as established by the Executive Office of Environmental Affairs and the Massachusetts Emergency Management Agency in 2001, in accordance with the Massachusetts Drought Management Plan (MDMP). Rivers and streams that are perennial under natural conditions but are significantly affected by drawdown from withdrawals of water supply wells, direct withdrawals, impoundments, or other manmade flow reductions or diversions shall be considered perennial.

What else is a river? 310 CMR 10.58(2)(a)1.g and h.: 

What else is a river? 310 CMR 10.58(2)(a)1.g and h. g. Manmade canals (e.g., the Cape Cod Canal & canals diverted from rivers in Lowell and Holyoke) & mosquito ditches associated with coastal rivers do not have riverfront areas. h. Where rivers flow through lakes or ponds, the riverfront area stops at the inlet & begins again at the outlet. A water body identified as a lake, pond, or reservoir on the current U.S.G.S. map or more recent map provided by the Department, is a lake or pond, unless the issuing authority determines that the water body has primarily riverine characteristics. When a water body is not identified as a lake, pond, or reservoir on the current U.S.G.S. map or more recent map provided by the Department, the water body is a river if it has primarily riverine characteristics. Riverine characteristics may include, but are not limited to, unidirectional flow that can be visually observed or measured in the field. In addition, rivers are characterized by horizontal zonation as opposed to the vertical stratification that is typically associated with lakes & ponds. Great Ponds (i.e., any pond which contained more than ten acres in its natural state, as calculated based on the surface area of lands lying below the natural high water mark; a list is available from the Department) are never rivers.

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GREAT PONDS OF MASSACHUSETTS - STUDY BY DEP/WATERWAYS REGULATION PROGRAM April 14, 1997 BERKSHIRE COUNTY  Becket:Center Pond, Greenwater Pond, Horn Pond,Rudd Pond, Shaw Pond,Yokum Pond Egremont:Prospect Lake Florida:North Pond Great Barrington:Long Pond,Mansfield Pond Lanesborough: Pontoosic Lake (Pittsfield) Lee:Goose Pond, Laurel Lake Monterey:Lake Buel, Lake Garfield New Marlborough:East/India Pond, Harmon Pond, Lake Buel Otis: Benson Pond, Big Pond, Creek Pond, Hayes Pond, Larkum Pond, Otis Reservoir, Tucker-Haley Pond, White Lily Pond Pittsfield: Silver Lake, Onota Lake, Goodrich Pond/Sylvan Lake, Poontoosic Lake (Lanesborough), Richmond Pond (Richmond) Richmond:Richmond Pond (Pittsfield) Sandisfield: Simon Pond Savoy:South Pond Sheffield:Three Mile Pond Stockbridge: Lake Averic, Stockbridge Bowl/Lake Mahkenac Tyringham: Goose Pond Washington: Ashley Lake, Finerty Pond,Muddy Pond West Stockbridge: Cranberry Pond, Crane Pond, Mud Pond, Shaker Mill Pond

Mean Annual High Water Line (MAHWL) 310 CMR 10.58(2)(a)2.: 

Mean Annual High Water Line (MAHWL) 310 CMR 10.58(2)(a)2. 2. Mean Annual High-Water Line of a river is the line that is apparent from visible markings or changes in the character of soils or vegetation due to the prolonged presence of water & that distinguishes between predominantly aquatic and predominantly terrestrial land. Field indicators of bankfull conditions shall be used to determine the mean annual high-water line. Bankfull field indicators include but are not limited to: changes in slope, changes in vegetation, stain lines, top of pointbars, changes in bank materials, or bank undercuts. a. In most rivers, the first observable break in slope is coincident with bankfull conditions & the mean annual high-water line. b. In some river reaches, the mean annual high-water line is represented by bankfull field indicators that occur above the first observable break in slope, or if no observable break in slope exists, by other bankfull field indicators. These river reaches are characterized by at least two of the following features: low gradient, meanders, oxbows, histosols, a low-flow channel, or poorly-defined or nonexistent banks.

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= forested wetland = edge of emergent wetland oxbow oxbow Main channel = MAHWL of “reach” Adapted from “Mean Annual High Water/Bankfull Indicators Workshops” DEP/AMWS, Spring/Summer 2000 Extent of annual high water flows

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“Stain Lines”

What is the width of the riverfront area? 310 CMR 10.58(2)(a)3.: 

What is the width of the riverfront area? 310 CMR 10.58(2)(a)3. 3. The Riverfront Area is the area of land between a river's mean annual high-water line measured horizontally outward from the river and a parallel line located 200 feet away, except that the parallel line is located: a. 25 feet away in Boston, Brockton, Cambridge, Chelsea, Everett, Fall River, Lawrence, Lowell, Malden, New Bedford, Somerville, Springfield, Winthrop, and Worcester; b. 25 feet away in densely developed areas, as designated by the Secretary of the Executive Office of Environmental Affairs; and c. 100 feet away for new agricultural and aquacultural activities. Measured horizontally means that the riverfront area extends at a right angle to the mean annual high-water line rather than along the surface of the land. Where a river runs through a culvert more than 200 feet in length, the riverfront area stops at a perpendicular line at the upstream end of the culvert and resumes at the downstream end. When a river contains islands, the riverfront area extends landward into the island from and parallel to the mean annual high-water line.

What else is important about the boundary of riverfront? 310 CMR 10.58(2)(c).: 

What else is important about the boundary of riverfront? 310 CMR 10.58(2)(c). (c) The boundary of the Riverfront Area is a line parallel to the mean annual high-water line, located at the outside edge of the riverfront area. At the point where a stream becomes perennial, the riverfront area begins at a line drawn as a semicircle with a 200 foot (25 foot in densely developed areas; 100 foot for new agriculture) radius around the point and connects to the parallel line perpendicular to the mean annual high- water line which forms the outer boundary.