Ocean Sanctuaries Act

Applicability: Structures and activities that significantly alter the ecology of the Ocean Sanctuaries are prohibited except as they may be allowed under section 302 CMR 5.08 of the Ocean Sanctuaries regulations. Regulatory The Department of Conservation and Recreation (DCR) administers the Ocean Sanctuaries Program. The Act prohibits activities that may significantly alter or endanger the ecology or appearance of the ocean, seabed, or subsoil of sanctuaries or the Cape Cod National Seashore.

To accomplish this goal the Act prohibits (1) building structures on or under the seabed; (2) construction or operation of offshore or floating electrical generating stations; drilling or removal of sand, gravel (except for the purposes of beach nourishment), other minerals, gases, or oils; (3) dumping or discharge of commercial, municipal, domestic or industrial wastes; (4) commercial advertising; and (5) incineration of solid waste or refuse on vessels within sanctuary boundaries.

These prohibitions may be waived if a finding of "public necessity and convenience" can be made for the proposed project or activity. Under the Ocean Sanctuaries Act, DCR does not issue any licenses or permits but acts through the regulatory process of other agencies, particularly the Chapter 91 Waterways Program (21). Review Process: There is no separate Ocean Sanctuaries review process.

Ocean Sanctuaries staff comment on Massachusetts Environmental Policy Act (MEPA) (15) filings and on MassDEP Chapter 91 (20) license applications during the respective public comment periods. Proposals that are below MEPA thresholds are presumed to comply with the Ocean Sanctuaries Act. A project that receives a Chapter 91 License is presumed to comply with the Ocean Sanctuaries Act.

Forms: No additional forms are required for an Ocean Sanctuaries review. Fees No additional fees are required for an Ocean Sanctuaries review. Website: None.

Contact: DCR Ocean Sanctuaries Coordinator (617) 626-1371.