Tidelands Management: Implementation of the Massachusetts Public Waterfront Act

Abstract

The Massachusetts Waterways Regulation Program (WRP) regulates the use of tidelands throughout the state's 1500 miles of coastline. The main goals of the program are the protection of public access and the promotion of water-dependent uses on tidelands. Although many states throughout the USA have similar regulations, the Massachusetts program is the oldest and one of the most developed. Despite its essential purpose, the long history of its enabling statute and extensive regulations, the WRP faces some obstacles, including an implementation deficit. Evolutionary and functional problems impact its effectiveness and are aggravated by the need to maintain costly compliance and enforcement efforts in the face of limited fiscal resources. This paper summarizes a research effort aimed at characterizing current challenges. The framework for discussion of the WRP challenges and case analysis draws on policy development studies and implementation research. Ways to strengthen the program are outlined that could benefit tidelands management programs with similar challenges.

The connection between fisheries resources and spatial land use change: The case of two New England fish ports

“…On the state level, an initial source of information was the Massachusetts Waterways Regulation Program (MWRP). This is a state-level regulatory program promulgated in 1866 that strives to preserve water-dependent uses and of public use rights for "fishing, fowling and navigating" through the issuance of licenses for the operation of properties within or at a certain distance from filled or flowed tidelands (Portman, 2006). Since 1984, the MWRP regulations require use statements in licenses.…”

Waterfront land use change and marine resource conditions: The case of New Bedford and Fairhaven, Massachusetts

“…The MWRP is a state-level regulatory program that has as its goals preservation of water-dependent uses of coastal properties and of public use rights for "fishing, fowling and navigating" (Portman, 2006). Assignment of land uses depended on finding some evidence of a particular activity listed in one of the above four types of source documents or on indications given by key informants.…”

The demarcation of arbitrary boundaries for coastal zone management: The Israeli case

“…These types of spatial concerns receive ample attention in overarching programs such as the EU ICZM program and also in practical plans such as the Wadden Sea Protection scheme (Enemark, 2005) and the Great Lakes coastal management plans (Lawrence, 1997). A more localized example is that of regulatory restrictions employed by the US state of Massachusetts for "fishing, fowling and navigating" within flowed tideland areas between high and low water (Portman, 2006).…”

“…For example, NATURA 2000 established a network of Important Bird Areas that consider sites along wildlife migration routes. An example of a boundary demarcated by land use is the Massachusetts Waterway Regulation Program that uses landward roadways (infrastructure) to determine spatial extent of jurisdiction for coastal development licensing (Portman, 2006).…”