Tag Archives: Massachusetts Chapter 91

Public Access to Public Landings?

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The Public Trust Doctrine is a legal principle that dates back nearly 2000 years, which holds that the air, the sea and the shore belong not to any one person, but rather to the public at large.

Wonson’s Cove Rocky Neck 

Yesterday my husband, our dog, and I were walking along Wonson’s Cove through the muck of the low tide zone when a woman approached us, at first with a friendly hello. We smiled back and said hello. She immediately became confrontational and informed us that we were trespassing, demanding that we turn around and leave. We politely said that we believed we had the right to walk across the beach especially as we were heading to the Wonson’s public landing. She became livid and said she was going to call the police. I said okay, call the police. She then made some very rude remarks.

I do not wish to inconvenience or offend any property owner however, I had my camera and we were clearly only there to enjoy the great beauty of the cove. We were not littering or damaging the beach in anyway, as a matter of fact, large amounts of trash washes ashore and accumulates at that little beach and I have often come home with armfuls.

What has been your experience in a similar situation?

Below I’ve posted the Public Trust Doctrine of Chapter 91, The Public Waterfront Act, and underlined the information I think is particularly pertinent for photographers and for all lovers of nature. The complete chapter is posted in the Read More section and here is the link to the Mass DEP, or Massachusetts Department of Environmental Protection page that highlights Chapter 91.

Through Chapter 91, the Commonwealth seeks to preserve and protect the rights of the public, and to guarantee that private uses of tidelands and waterways serve a proper public purpose:

Preserves pedestrian access along the water’s edge for fishing, fowling and navigation and, in return for permission to develop non-water dependent projects on Commonwealth tidelands, provides facilities to enhance public use and enjoyment of the water.

Seeks to protect and extend public strolling rights, as well as public navigation rights.

Protects and promotes tidelands as a workplace for commercial fishing, shipping, passenger transportation, boat building and repair, marinas and other activities for which proximity to the water is either essential or highly advantageous.

Protects Areas of Critical Environmental Concern, ocean sanctuaries and other ecologically sensitive areas from unnecessary encroachment by fill and structures.

Protects the rights of waterfront property owners to approach their property from the water.

Encourages the development of city and town harbor plans to dovetail local waterfront land use interests with the Commonwealth’s statewide concerns.

Assures removal or repair of unsafe or hazardous structures.

Read More… Continue reading →

What is Great Pond Status?

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The point of the Aftermath video is to showcase the litter, not who owns the pond. Thank you Daniel for pointing out the litter and thank you Anonymous for sharing that Niles Pond has Massachusetts Great Pond Status. And thank you to all who wrote comments-it just goes to show how much we all care about our beautiful Niles Pond and surrounding environment.

Irrespective of who owns the pond, let’s all please not litter, and if you do see trash left behind, clean it up, and if you can’t manage the job yourself, email the wonderfully good eggs Donna Ardizzoni and her One Hour at a Time Gang for the really tough jobs.

Niles Pond Sunrise

From the Massachusetts Department of Environmental Protection website: Chapter 91 comprises four basic areas of geographical jurisdiction. Any activity that takes place in one of the hot link areas listed below requires Chapter 91 authorization. The areas are:

Flowed Tidelands – Any project located in, on, over or under tidal waters seaward of the present mean high water (MHW) shoreline. Jurisdiction in this case extends seaward three miles, to the state limit of territorial jurisdiction.

Filled Tidelands – The limit on filled tidelands is: A.) Outside Designated Port Areas, the first public way or 250 feet from mean high water, whichever is farther landward and B.) Inside Designated Port Areas, the historic MHW shoreline (i.e., all filled areas).

Great Ponds – Any project located in, on, over or under the water of a great pond. A great pond is defined as any pond or lake that contained more than 10 acres in its natural state. Ponds or lakes presently larger than 10 acres are presumed to be great ponds, unless the applicant provides unequivocal evidence to the contrary. Ponds 10 or more acres in their natural state, but which are now smaller, are still considered great ponds.

Non-Tidal Rivers and Streams – Projects located in, on, over, or under any non-tidal, navigable river or stream on which public funds have been expended either upstream or downstream within the river basin, except for any portions not normally navigable during any season by any vessel. Additionally, the Connecticut River, the Merrimack River and portions of the Westfield River are within jurisdiction.

Chapter 91: An Overview and Summary ~ Read more to find out how Great Pond Status directly affects Niles Pond: Continue reading →