310 CMR, § 10.21
310 CMR 10.21 through 10.37 apply to all work subject to M.G.L. c. 131, § 40, M.G.L. c. 131, § 40, which will alter, dredge, fill, or remove any coastal beach, coastal dune, tidal flat, coastal wetland, land subject to coastal storm flowage, coastal bank, land subject to tidal action, or land under an estuary, under a salt pond, under the ocean or under certain streams, ponds, rivers, lakes or creeks within the coastal zone that are anadromous/catadromous fish runs. This Part is in addition to and does not change the provisions set forth in 310 CMR 10.01 through 10.10. 310 CMR 10.21 through 10.37 are intended to ensure that development along the coastline is located, designed, built and maintained in a manner that protects the public interests in the coastal resources listed in M.G.L. c. 131, § 40. The proponent of the work must submit sufficient information to enable the issuing authority to determine whether the proposed work will comply with 310 CMR 10.21 through 10.37. Any proposed work may be subject to the requirements of sections concerning coastal beaches, coastal dunes and land containing shellfish. Thus, in order to determine which provisions apply to a proposed project, 310 CMR 10.00 must be read in its entirety. 310 CMR 10.21 through 10.37 are divided into 16 sections, 44 of which deal with specific coastal resources. Each coastal resource section begins with a preamble. In addition, the requirements for protection of the riverfront area in 310 CMR 10.58 apply within the coastal resource areas. The riverfront area may overlap other coastal resource areas and the performance standards for each resource area must be met. 310 CMR 10.24(7) applies to riverfront areas within coastal resource areas. The Preamble identifies the interests of M.G.L. c. 131, § 40 to which that resource is or is likely to be significant and describes the characteristics or factors of the resource which are critical to the protection of the interest to which the resource is significant. 310 CMR 10.21 through 10.37 are in the form of performance standards and shall be interpreted to protect those characteristics and resources to the maximum extent permissible under M.G.L. c. 131, § 40.
The performance standards are intended to identify the level of protection the issuing authority must impose in order to contribute to the protection of the interests of M.G.L. c. 131, § 40. It is the responsibility of the issuing authority to order specific measures and requirements for each proposed project which will ensure that the project is designed and carried out consistent with the required level of protection. Such authority must then issue an Order of Conditions which is understandable and enforceable.
310 CMR, § 10.21