Section 9.31 - Summary of License and Permit Requirements(1)Basic Requirements. No license or permit shall be issued by the Department for any project subject to 310 CMR 9.03 through 9.05 and 9.09, unless said project:(a) includes only fill and structures for uses that have been categorically determined to be eligible for a license, according to the provisions of 310 CMR 9.32;(b) complies with applicable environmental regulatory programs of the Commonwealth, according to the provisions of 310 CMR 9.33;(c) conforms to applicable provisions of an Approved Municipal Harbor Plan, if any, and local zoning law, according to the provisions of 310 CMR 9.34;(d) complies with applicable standards governing the preservation of water-related public rights, according to the provisions of 310 CMR 9.35;(e) complies with applicable standards governing the protection of water-dependent uses, according to the provisions of 310 CMR 9.36;(f) complies with applicable standards governing engineering and construction of structures, according to the provisions of 310 CMR 9.37;(g) complies with applicable standards governing use and design of boating facilities for recreational or commercial vessels, according to the provisions of 310 CMR 9.38 and 9.39;(h) complies with applicable standards governing dredging and disposal of dredge materials, according to the provisions of 310 CMR 9.40; and(i) does not deny access to its services and facilities to any person in a discriminatory manner, as determined in accordance with the constitution of the Commonwealth of Massachusetts, of the United States of America, or with any statute, regulation, or executive order governing the prevention of discrimination.(2)Proper Public Purpose Requirement. No license or permit shall be issued by the Department for any project on tidelands or Great Ponds, except for water-dependent use projects located entirely on private tidelands, unless said project serves a proper public purpose which provides greater benefit than detriment to the rights of the public in said lands. In applying 310 CMR 9.31(2), the Department shall act in accordance with the following provisions: (a)Water-dependent Use Projects - The Department shall presume 310 CMR 9.31(2) is met if the project is a water-dependent use project.(b)Nonwater-dependent Use Projects - The Department shall presume 310 CMR 9.31(2) is met if the project is a nonwater-dependent use project which: 1. complies with the standards for conserving and utilizing the capacity of the project site to accommodate water-dependent use, according to the applicable provisions of 310 CMR 9.51 through 9.52; and complies with the additional standard for activating Commonwealth tidelands for public use, according to the applicable provisions of 310 CMR 9.53;2. if located in the coastal zone, complies with the standard governing consistency with the policies of the Massachusetts Coastal Zone Management Program, according to 310 CMR 9.54; and3. if consisting entirely of infrastructure facilities, to which 310 CMR 9.31(2)(b)1. does not apply, complies with the special mitigation and public access standards governing such facilities, according to 310 CMR 9.55.(3)Rebuttal of Presumptions. The presumptions of 310 CMR 9.31(2) may be overcome only if:(a) the basic requirements specified in 310 CMR 9.31(1) have not been met; or(b) a clear showing is made by a municipal, state, regional, or federal agency that requirements beyond those contained in 310 CMR 9.00 are necessary to prevent overriding detriment to a public interest which said agency is responsible for protecting; in the case of a project for which a final EIR has been prepared, the presumption may be overcome only if such detriment has been identified during the M.G.L. c. 30, §§ 61 through 62H review process.(4)Requirements for Projects with Special Legislative Authorization. Notwithstanding the provisions of 310 CMR 9.31(1) through (3), the Department shall issue a license or permit where the project comprises fill or structures that have been specifically authorized in a grant or other enactment of the legislature, provided that the Department may prescribe such alterations and conditions as it deems necessary to ensure the project conforms with: (a) any requirements contained in the legislative authorization; and(b) the standards of 310 CMR 9.31 through 9.60, to the extent consistent with the legislative authorization.Amended, Mass Register Issue 1261, eff. 5/23/2014.Amended by Mass Register Issue 1334, eff. 3/10/2017.Amended by Mass Register Issue 1483, eff. 11/25/2022.