COASTAL FACILITIES IMPROVEMENT

M.G.L. pt. Part I, tit. Title II, ch. c. 21F

in effect

M.G.L. c. 21F, § 1 Purposes

c. 21F, § 1. Purposes Section 1. The purposes of this chapter are: (a) to ensure that adequate and well-maintained public facilities exist to support the commonwealth's fishing, marine, tourist, and recreational industry in the coastal zone; (b) to provide flexible and affordable financial programs for the commonwealth's coastal cities and towns so that they can plan for, construct, reconstruct, maintain and improve public coastal facilities; (c) to improve planning for coastal facilities consistent with the policies of the executive office of environmental affairs; (d) to encourage greater cost sharing between the public and users of public facilities financed with public funds.

M.G.L. c. 21F, § 2 Definitions

c. 21F, § 2. Definitions Section 2. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Harbor facility'', any existing or proposed public dredged channel, spoil disposal area, bulkheads, ripraps, piers, wharves, fill, docks, floats, beaches or other structures used for fishing, marine industry, or commerce, marine recreations or public access purposes. ''Harbor plan'', a document which analyses existing harbor and waterfront land uses and delineates future uses. Future land uses may be described through zoning ordinances, capital improvement plans, and building design guidelines and other methods. Planning for the management of the competing uses of harbor waters may include mooring plans, facilities maintenance plans, shellfish management plans or dredging needs assessments. ''Waterfront facility'', public upland platforms, public buildings containing harbor related facilities or public spaces or structures used for fish or vessel and related equipment handling or storage, and parking facilities and walkways necessary for access to said waterfront facility. ''Public'', any structure or land owned and maintained by a coastal city or town or by the commonwealth. ''Improvements'', a project or undertaking involving the planning, engineering, repair, construction or reconstruction of harbor or waterfront facilities. ''Card program'', the state Commercial Area Revitalization District program established under chapter forty D. ''Substandard condition'', physical deterioration, faulty arrangement or design, overcrowding, lack of access, or other factors which cause the condition of a harbor or waterfront facility to be detrimental to the public safety, health, morals, welfare or sound growth of a coastal city or town. ''Designated port area'', any port area suitable for maritime-industrial uses and so designated in accordance with the procedures established by the department of environmental protection under chapter ninety-one. ''Special assistance development area'', an area identified by the Executive office of environmental affairs under chapter twenty-one A, having special development needs and significant resource areas which have development potential such as in ports, harbors and recreational areas.

M.G.L. c. 21F, § 3 Eligibility of coastal cities or towns

c. 21F, § 3. Eligibility of coastal cities or towns Section 3. The executive office of environmental affairs shall define the terms ''coastal city or town'' and shall designate such cities and towns as so qualifying for the purpose of determining eligibility for project assistance.

M.G.L. c. 21F, § 4 Harbor or waterfront improvement or plan; application for assistance

c. 21F, § 4. Harbor or waterfront improvement or plan; application for assistance Section 4. Any coastal city or town, acting by and through its mayor in the case of a city, the town manager in a town having a town council form of government and the board of selectmen in any other town, may apply to the secretary of environmental affairs for assistance to undertake a harbor or waterfront improvement or a harbor plan. An application for assistance pursuant to this chapter shall represent no more than fifty per cent of the estimated total cost of the improvement and in no case shall exceed two million dollars for improvements in designated port areas and one million five hundred thousand dollars in all other areas. The commonwealth shall reimburse no more than three million dollars to communities with designated port areas and at least one project within these areas or two million dollars total to a city or town applying for funding for more than one harbor or waterfront project. The secretary of environmental affairs is hereby authorized to utilize seventy per cent of the funding provided for in this chapter, for public facilities used primarily for commercial purposes. Said secretary of environmental affairs is hereby authorized to utilize ten per cent of the funding in this chapter for grants to prepare harbor plans. An application for assistance in the preparation of a harbor plan shall represent no more than fifty per cent of the total cost of said plan. The secretary of environmental affairs is hereby authorized to approve applications for improvements and plans for up to thirty-three per cent of the funding provided for this chapter in any one year. Said applicant must provide a cash or inkind match with a value equal to at least fifty per cent of the total cost of the improvement which may originate from any source including grants, bequests, gifts, or contribution by the federal, state or municipal government or by an individual, corporation or association.

M.G.L. c. 21F, § 5 Qualifications for assistance

c. 21F, § 5. Qualifications for assistance Section 5. To qualify for assistance under this chapter, a city or town shall comply with the following conditions: (a) the improvement will be public for the duration of any debt obligation incurred by the commonwealth relative to such assistance pursuant to regulations to be adopted pursuant to this chapter and shall be used principally for fishing, shellfishing, marine commerce or industry, or for marine recreation or public access purposes; (b) the project site has been determined by the executive office of environmental affairs, to be in substandard conditions or is located within an approved Commercial Area Revitalization District or within a designated port area or an area designated as a special assistance development area by the Massachusetts coastal zone management program within the executive office of environmental affairs; (c) that the city or town may seek to obtain reasonable fees from users of the improvement or related facilities, that this income will be committed to the operation, maintenance, management and, if required, the retirement of any debt incurred under the provisions of this chapter.

M.G.L. c. 21F, § 6 Findings required in application

c. 21F, § 6. Findings required in application Section 6. In making applications for assistance under this chapter, the city or town shall follow the rules and procedures developed by the secretary of environmental affairs to implement this chapter which shall include, but not be limited to the following findings: (a) the proposed improvement will serve the public interest and is consistent with community wide needs and priorities; (b) the project will have a significant economic impact on the fishing, marine, commercial or industrial, recreation or tourist industry or provide significant public benefits; (c) there is a clear need for the improvement; (d) the improvement is consistent with the guidelines set by the executive office of environmental affairs and that all required local, state and federal permits, approvals and licenses, have been sought or obtained in the case of an improvement requiring such; (e) the funds required to complete the total improvement are or will be secured; (f) the application for assistance has been approved by the mayor in the case of a city, the town manager in a town having a town counsel form of government and the board of selectmen in any other town; (g) funds shall not be used for dredging projects.

M.G.L. c. 21F, § 7 Rules and regulations

c. 21F, § 7. Rules and regulations Section 7. In addition to the conditions and requirements set forth in this chapter, the executive office of environmental affairs shall promulgate such rules and regulations as are deemed necessary to effectuate the purpose of this chapter.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter21FFetched: 10/20/2026