Designated Port Areas

What are Designated Port Areas?

In 1978, Massachusetts established 10 Designated Port Areas (DPAs) to protect and promote water-dependent industries in ports with certain features important to marine industries. The Commonwealth has identified these industries as critical to the overall economy of Massachusetts. DPA regulations are intended to support these industries and protect these areas from being used for other purposes. 

DPAs have traditionally supported these types of industrial uses: 

  • Ship building/marine construction 

  • Commercial fishing  

  • Fish processing  

  • Moving goods between ships and shore 

  • Operations that use large amounts of water, such as those for energy, manufacturing, and agriculture 

  • Manufacturing, processing, and production that depend on transportation by water 

In recent years, there has been a shift in uses at some DPAs toward warehousing, distribution, and professional and technical services. 

DPAs feature these essential components 

  • A waterway and nearby waterfront built for shipping or other direct water use 

  • Land that can be used for industrial facilities and work 

  • Transportation and utility service on land that support industrial use 

View the Coastal Zone Management DPA Maps

    • Mystic River (Boston Inner Harbor – Charlestown, Chelsea, Everett) 

    • Chelsea Creek (Boston Inner Harbor – East Boston, Chelsea, Revere) 

    • South Boston (Boston Inner Harbor – South Boston, Seaport) 

  • DPA regulations (301 CMR 25.00) work with Chapter 91 regulations (310 CMR 9.00) and Municipal Harbor Plan regulations (301 CMR 23.00). These guide the review and approval of DPA Master Plans.  

    DPA policy is implemented by CZM on behalf of the Secretary of the Executive Office of Energy and Environmental Affairs (EEA). CZM reviews DPA Master Plans. It also sets, maps, interprets, and periodically reviews DPA boundaries, and is responsible for DPA boundary administration. Through federal consistency review, CZM ensures federal actions and permits related to DPAs are consistent with enforceable state coastal policies. 

    The Massachusetts Department of Environmental Protection (MassDEP) also implements DPA policy at the project level through Chapter 91. These govern the licensing of structures and uses in the tidelands/jurisdictional areas of DPAs. While some limited supporting and accessory uses are allowed within DPAs, rules require most DPA tidelands to be used or reserved for water-dependent-industrial or limited temporary uses. 

    Some parts of DPAs are inside Chapter 91 jurisdiction and some are outside. For DPA areas within Chapter 91, the state has strong control over uses, structures, and activities through the Chapter 91 licensing process. For areas outside Chapter 91, local municipalities mainly manage development through local zoning bylaws.  

What is the DPA Visioning Project of Save the Harbor/Save the Bay?

Save the Harbor/Save the Bay is leading a collaborate project to create an actionable, stakeholder-supported plan for one or more DPAs that combines: 

  • Concrete visions for future use (place-based, realistic, and illustrative) that garner support from multiple stakeholders, and 

  • Specific regulatory, policy, or funding changes needed to make those visions achievable within or beyond current DPA rules. 

We launched this project with partners and support from the Barr Foundation because DPAs in Boston’s Inner Harbor face significant challenges, often do not function in ways that protect and promote water-dependent industrial use, and there is no shared, actionable path forward.

    • DPAs and the land surrounding them are subject to intense real estate market pressures.  

    • The removal of water-dependent industrial land from DPAs threatens their integrity.   

    • Persistent and unmitigated climate risks require urgent action and significant levels of public investment.  

    • Legacy environmental justice issues surrounding DPAs remain largely unaddressed.  

    • There is no forward-looking business strategy and investment plan for Inner Harbor DPAs.  

    • There is a lack of consensus between government and the private sector about what to do in DPAs.  

    • Split jurisdiction and governance of these maritime industrial areas create regulatory complexity and a disconnect with the evolution of neighboring communities and their infrastructure.  

Ideal DPA Vision [OR Our North Star] 

We envision DPAs that are climate resilient working waterfronts where water-dependent industry and commercial uses, emerging maritime uses, and surrounding communities all thrive. They may blend innovative blue economy industries with traditional water-dependent industrial uses, creating a dynamic business eco-system while addressing environmental justice issues, expanding equitable access, and improving climate resilience.

    • advance statewide climate, energy, and economic goals 

    • address cumulative impacts of legacy polluting industries and support clean and renewable energy and less polluting industries 

    • create good jobs and rewarding career opportunities for all residents with supportive workforce development 

    • allow people and businesses near them to flourish 

    • include climate-adaptive infrastructure to ensure long-term viability and protect surrounding communities 

    • deliver public benefit and equitable access wherever safe operations allow 

What are your Chapter 91 rights?

Free access to public facilities and open spaces on the waterfront. Building on Commonwealth tidelands that are not water-dependent generally must be open to the public.     

Demand that non-water dependent developments on Commonwealth tidelands includes substantial public benefits and public purposes.  

Walk, pass freely, and conduct water-dependent activities like fishing and navigation on tidelands, unless the property’s waterways license limits this activity, or the state restricts access for public health and safety. 

Expect legible and clearly worded signs detailing the publicly accessible areas, permitted uses, and benefits provided by all licensed sites. 

Why does Chapter 91 matter to your community?   

Beach and Open Space Access. Protects public access to beaches and waterfront areas you can work and recreate on. 

Community Benefits for New Developments. Requires developers to provide public benefits when building on waterfront property.  

Environmental Justice. Ensures waterfront development serves all communities, not just wealthy developers or people living directly on the coast 

Public Space. Creates opportunities for meeting spaces, parks, and recreational facilities 

What are some examples of public benefits? 

Access & Recreation  

  • Waterfront walkways  

  • Public boat landings   

  • Fishing piers   

  • Parks and open spaces 

Community Facilities   

  • Performance venues/event spaces   

  • Community gathering/meeting rooms   

  • Nonprofit office/operations buildings  

  • Educational programming sites  

  • Public/Civic buildings (daycare, library, senior center) 

Improvements to Infrastructure 

  • Transportation connections to and from a project site 

  • Improvements to sidewalks, bike lanes, parking infrastructure 

  • Climate resiliency and stormwater management adaptations 

How can you get involved with Chapter 91? 

Connect with the Save the Harbor Policy team to learn more about Ch. 91 and development projects in your area.

1

The Mass Department of Environmental Protection (DEP) sets a public meeting date and deadline for written comments for new or existing developments. You can: 

  • Submit comments in writing to MassDEP on the types of public benefits you would like to see included in a project. Comments are accepted 30-60 days after the public notice  

  • Attend/comment at the public meeting(s), or work with the Save the Harbor policy team so that we can bring your concerns and ideas to these public meetings 

2

After a public comment period, Mass DEP issues a determination describing conditions for the project 30-90 days after the final document submission. Mass DEP will publish the written decision in the Environmental Monitor. You can submit an appeal of the decision within 21 days of the written determination 

3

Mass DEP will issue a final license either within 45 days of the end of the appeal period or within 15 days of the date the Governor signs it. 

4

What are some other resources for Chapter 91?  

The Harborwalk Map and Public Amenities Database is hosted by Boston Harbor Now, and displays an interactive map and a “one-stop-shop option for visitors to easily navigate the waterfront and understand the full inventory of public amenities offered along the Harborwalk.” This is a tool created as part of the Chapter 91 benefits of the Fan Pier development in 2007, and shows the locations of publicly accessible restrooms, lobbies, water access points, meeting spaces, and more.   

Conservation Law Foundation created a People’s Guide to the Public Waterfront Act (Chapter 91) in 2018 to explain the public’s right to waterfront access in Massachusetts, and highlight how the public can “speak up, be heard, and shape the future of our waterfront interests”. The guide defines many of the key terms used in Chapter 91 planning processes and the areas subject to Chapter 91, highlights the Bill of Rights for MA residents outlined in Chapter 91, and explains the process by which developments apply for and receive their Chapter 91 Waterways License from the MA Department of Environmental Protection (DEP). 

This Chapter 91 story map includes a License viewer which displays locations of waterways licenses throughout the state, and clicking on each location allows viewers to access the official license for each waterfront site.  

The state hosts a Chapter 91 webpage which includes FAQs, info sheets, and guides on Chapter 91. The official language for the Chapter 91 law can be found here. 

The Massachusetts EPA publishes and sends out the Environmental Monitor, a newsletter that you can sign up for to hear about development projects.  

The Waterfront Civic/Cultural Space Planning Study is intended to assess the existing and pending civic/cultural uses and future opportunities across waterfront areas in Boston to inform more equitable planning, design and tenanting approaches for spaces provided through Chapter 91 regulations. In addition, this planning study is anticipated to update the City’s evidence base on civic/cultural uses, space needs, FPA outcomes, and design and operational processes. At its core, this planning study will inform ongoing development projects with relevant civic/cultural, FPA, and affordable retail space commitments, particularly in neighborhoods such as Dorchester, Fort Point, Charlestown, and East Boston.