Subsection R322.4 - Coastal DunesBuildings or structures constructed in whole or in part in coastal dunes shall be designed and constructed in accordance with sections R322.4.1 through R322.4.6.
Add section R322.4.1 Construction Documents as follows:
R322.4.1Construction Documents. For buildings and structures, including new or replacement manufactured homes, lateral additions, foundations that are replaced in total or repaired so as to constitute substantial repair of a foundation, or substantial repair or improvement of a building or structure that has incurred substantial damage as a result of flooding and/or storms, proposed on a parcel of land that is located wholly or partially within a coastal wetland resource area shown on the map entitled "Map of Coastal Wetland Resources For Building Officials," the building official shall require submission of one of the construction documents specified in section R322.4.1 (a) through (d) along with a notarized statement by the applicant that the order, determination or notice is in effect and is not the subject of any administrative appeals before the Department of Environmental Protection or the Division of Administrative Law Appeals. No building permit shall be issued unless and until a construction document that conforms to the requirements of this section is submitted. Note; Map of Coastal Wetland Resources For Building Officials areavailable through CZM or DCR Flood Hazard Management program. a. An order of conditions establishing the boundaries of all coastal wetland resource areas in a plan referenced in and accompanying the order. The order shall determine whether the coastal wetland resource areas are significant to any of the interests identified in the Wetlands Protection Act, M.G.L. c. 131, §40 including the interests of flood control and storm damage prevention. If the order indicates that the proposed construction work is located within a coastal dune that is significant to the interests of flood control and/or storm damage prevention, the order of conditions shall allow the proposed construction.b. An order of resource area delineation stating that the proposed construction work is outside the boundaries of all coastal wetland resource areas as shown on a plan referenced in and accompanying the order.c. A determination of applicability stating that the proposed construction work is outside the boundaries of all coastal wetland resource areas as shown on a plan referenced in and accompanying the determination or will not fill, dredge or alter a coastal wetland resource area.d. A notice of non-significance evidencing that the proposed construction work is within a coastal wetland resource area as shown on a plan referenced in and accompanying the notice and stating that the coastal wetland resource area is not significant to any of the interests identified in M.G.L. c. 131, § 40: Removal, Fill, Dredging or Altering of Land Bordering Waters (the Wetlands Protection Act). Add section R322.4.2 Structural Elevation as follows:
R322.4.2Structural Elevation. The elevation of the bottom of the lowest horizontal structural member, as required by the lowest floor elevation inspection in subsection R110.3.3.1 shall be submitted.Add section R322.4.3 Additional Documentation as follows:
R322.4.3Additional Documentation. Documentation for buildings located in more than one zone shall meet the requirements of all zones.Add section R322.4.4 as follows:
R322.4.4Elevation Requirements. For new buildings and structures, new foundations, replacement or substantial repair of a foundation, or repair of a substantially damaged structure where damage is the result of a storm or flooding the entire structure shall be elevated so that the bottom of the lowest horizontal structural member of the lowest floor with the exception of pilings or pile caps or lateral bracing elements is located above the Design Flood Elevation, or at the elevation required by the order of conditions of the local conservation commission in accordance with the Wetlands Protection Act, M.G.L. c. 131, §?40: Removal, Fill, Dredging or Altering Land Bordering Waters (the Wetland Protection Act) and Wetlands Protection Regulations, 310 CMR 10.21 through 10.35: Additional Regulations for Coastal Wetlands, but no less than two feet above the adjacent grade. For lateral additions that are not a substantial improvement, only the addition shall be elevated so that the bottom of the lowest horizontal structural member of the lowest floor with the exception of pilings or pile caps or lateral bracing elements is located above the Design Flood Elevation, or is located at the elevation required by the order of conditions of the local conservation commission in accordance with M.G.L. c. 131, § 40 and Wetlands Protection Regulations, 310 CMR 10.21 through 10.35 but no less than two feet above the adjacent grade. Enclosures are not permitted below the lowest horizontal structural member of the lowest floor.Add section R322.4.5 Foundations as follows:
R322.4.5Foundations. Anchorage of buildings and structures shall be designed and connected to resist flotation, collapse or permanent lateral movement due to structural loads and stresses from flooding equal to the base flood. Foundations for work meeting the elevation requirements of section R322.4.4 shall consist of open pilings and lateral bracing elements, without at grade horizontal elements such as footings, grade beams or slabs that would otherwise impede to allow the movement of the dune. Exception: Where surface or subsurface conditions consist of non-erodible soil that prevents the use of pile foundations, spread footings or mat foundations may be permitted. Such foundations shall be anchored to prevent sliding, uplift or overturning of the footing and the non-erodible soil it is attached to and be designed to withstand any combination of loads. No other use of alternate materials, design and methods of construction and equipment as described in R104.11 is permitted.
Add section R322.4.6 as follows:
R322.4.6Enclosed Areas Below Design Flood Elevation. Enclosures are not permitted below the lowest horizontal structural member of the lowest floor.780 CMR, ch. 51, ch. 3, R322, R322.4
Amended by Mass Register Issue 1532, eff. 10/11/2024.