New Massachusetts Environmental Regulations Lealdon Langley
New Massachusetts Environmental Regulations Lealdon Langley Director, Wetlands and Waterways Program MassDEP
Environmental Business Council of New England Energy Environment Economy
MassDEP Regulatory Reform Dams, Test Projects and Hydropower Environmental Business Council October 25, 2013
“Dam removal projects can contribute to the restoration of aquatic habitats upstream and downstream by restoring the natural movement of water and sediment, and by reestablishing more natural temperatures and oxygen levels. Dam removal projects can also improve flood management, storm damage prevention, and prevention of pollution in cases where the dam is otherwise in disrepair and represents a hazard. Since these projects can serve to improve the natural capacity of a river to protect the many interests of the WPA, they may be (and have been) permitted under 310 CMR 10.53(4).” MassDEP Dam Removal Guidance -2007
Existing limited project for maintenance, repair, and improvement of structures including culverts and dams • May allow for addition of hydropower devices • Regulation Reform – Incentive for dam removal as alternative to repair – Prohibition on substantial enlargement revised to accommodate modifications to meet Stream Crossing Standards – Requires filing a new NOI with schedule if DCR determines during dam repair that restoration of water levels would be unsafe
General permitting for ecological restoration projects. For example: dam removal, stream daylighting, shellfish habitat restoration, fish passage, removing tidal restrictions (WPA)
Smoother permitting pathways Limited Project status for access roads for Renewable Energy Projects
A regulatory path for piloting new water dependent technologies (WPA, Chapter 91 and 401
Improved Regulatory Pathway for New Energy Technologies Eligible projects are those that involve the test of new technology and: • documentation that appropriate laboratory testing and/or modeling has occurred; • proposed location of the project on a plan by coordinates referenced to the Massachusetts State Plane Coordinate System •avoid sensitive resource and use areas, such as rare species habitat, eelgrass, marsh, and navigational channels; • are short-term in duration, one year or less; • prepare suitable monitoring plans based on the nature of the project; and • can easily be modified or removed if unanticipated impacts are observed.
Thank you! Lealdon Langley, Director Wetlands and Waterways Program Bureau of Resource Protection (617) 574-6882 [email protected]
Environmental Business Council of New England Energy Environment Economy
MassDEP Regulatory Reform Dams, Test Projects and Hydropower Environmental Business Council October 25, 2013
“Dam removal projects can contribute to the restoration of aquatic habitats upstream and downstream by restoring the natural movement of water and sediment, and by reestablishing more natural temperatures and oxygen levels. Dam removal projects can also improve flood management, storm damage prevention, and prevention of pollution in cases where the dam is otherwise in disrepair and represents a hazard. Since these projects can serve to improve the natural capacity of a river to protect the many interests of the WPA, they may be (and have been) permitted under 310 CMR 10.53(4).” MassDEP Dam Removal Guidance -2007
Existing limited project for maintenance, repair, and improvement of structures including culverts and dams • May allow for addition of hydropower devices • Regulation Reform – Incentive for dam removal as alternative to repair – Prohibition on substantial enlargement revised to accommodate modifications to meet Stream Crossing Standards – Requires filing a new NOI with schedule if DCR determines during dam repair that restoration of water levels would be unsafe
General permitting for ecological restoration projects. For example: dam removal, stream daylighting, shellfish habitat restoration, fish passage, removing tidal restrictions (WPA)
Smoother permitting pathways Limited Project status for access roads for Renewable Energy Projects
A regulatory path for piloting new water dependent technologies (WPA, Chapter 91 and 401
Improved Regulatory Pathway for New Energy Technologies Eligible projects are those that involve the test of new technology and: • documentation that appropriate laboratory testing and/or modeling has occurred; • proposed location of the project on a plan by coordinates referenced to the Massachusetts State Plane Coordinate System •avoid sensitive resource and use areas, such as rare species habitat, eelgrass, marsh, and navigational channels; • are short-term in duration, one year or less; • prepare suitable monitoring plans based on the nature of the project; and • can easily be modified or removed if unanticipated impacts are observed.
Thank you! Lealdon Langley, Director Wetlands and Waterways Program Bureau of Resource Protection (617) 574-6882 [email protected]
