310 Mass. Reg. 10.31
Rocky shore environments are habitats for macroalgae and marine invertebrates and provide protection to and food for, larger marine organisms such as crabs, lobsters, and such fish species as winter flounder, as well as a number of birds. Most marine plants and animals found in rocky shore environments are uniquely adapted to survive there and cannot survive elsewhere. Harbor seals also use rocky intertidal shores, such as rock outcroppings or isolated shores of small islands, as haul out areas.
When a proposed project involves the filling, removing or altering of a rocky intertidal shore, the issuing authority shall presume that such shore is significant to the interests specified above. This presumption may be overcome only upon a clear showing that a rocky intertidal shore does not play a role in storm damage prevention, flood control, protection of marine fisheries or wildlife habitat, and where there are shellfish, protection of land containing shellfish and if the issuing authority makes a written determination to such effect.4
When a rocky intertidal shore is determined to be significant to storm damage prevention, flood control, or protection of wildlife habitat the form and volume of exposed intertidal bedrock and boulders are critical to the protection of those interests.
When a rocky intertidal shore is significant to the protection of marine fisheries or wildlife habitat, water circulation and water quality are critical to the protection of those interests.
Rocky Intertidal Shores means naturally occurring rocky areas, such as bedrock or boulder-strewn areas between the mean high water line and the mean low water line.
4 For regulations concerning land containing shellfish, see310 CMR 10.34.
310 CMR 10.31