Section 9.04 - Geographic Areas Subject to JurisdictionThe following geographic areas, generally considered "trust lands", are subject to licensing and permitting by the Department under 310 CMR 9.00:
(1) all waterways, including all flowed tidelands and all submerged lands lying below the high water mark of: (b) the Connecticut River;(c) the section of the Westfield River in the Towns of West Springfield and Agawam lying between the confluence of said river with the Connecticut River and the bridge across said river at Suffield Street in said Town of Agawam;(d) the non-tidal portion of the Merrimack River; and(e) any non-tidal river or stream on which public funds have been expended for stream clearance, channel improvement, or any form of flood control or prevention work, either upstream or downstream within the river basin, except for any portion of any such river or stream which is not normally navigable during any season, by any vessel including canoe, kayak, raft, or rowboat; the Department may publish, after opportunity for public review and comment, a list of navigable streams and rivers; and(2) all filled tidelands, except for landlocked tidelands, and all filled lands lying below the natural high water mark of Great Ponds.Amended, Mass Register Issue 1261, eff. 5/23/2014.