In January 2023 MassDEP proposed a comprehensive suite of new regulations to deal with climate change in the form of storms, flooding, and sea level rise. These are expected to be promulgated during 2024. They will affect three related regulatory and policy programs. The opportunity for the public to comment is open through February. Where and how to send your comments are specified by MassDEP.
These changes and the policies behind them have been long in the works, since the MassDEP regulations lacked since 1978 and 1983 any specified performance standards for Land Subject to Coastal Storm Flowage. Now the science of climate change, the need for climate adaptation, mitigation and resilience, and the urgency of public health, safety, and the environmental considerations press the point.
These new rules will amend 310 CMR 10.00: Wetlands Protection, and 314 CMR 9.00: 401 Water Quality Certification for Discharges of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth; and 310 CMR 9.00: Waterways (including Tidelands and Great Ponds).
MassDEP is proposing to modify the Wetlands Protection regulations and the 401 Water Quality Certification regulations to accomplish two main objectives:
MassDEP is proposing the amendments to the Waterways regulations to ensure that licensing properly reflects the potential effects of climate change, including but not limited to, sea level rise, storm surge, and increased precipitation for existing and proposed structures along the waterfront. The proposed revisions will assist current and potential licensees by modifying certain requirements to prepare for sea level rise, while maintaining public access and other public benefits.
Written Comments will be accepted until 5:00 p.m. on March 1, 2024. The Department encourages electronic submission by email to This email address is being protected from spambots. You need JavaScript enabled to view it. .
If you comment on the Wetlands and 401 rules, you must include"Wetlands-401 Resilience Comments" in the subject line. In lieu of electronic submittal, paper comments may be mailed to:
MassDEP - BWR Wetlands Program
Attn:Wetlands-401 Resilience Comments
100 Cambridge Street, Suite 900
Boston, MA 02114
If you comment on the Waterways rules, you must include ”Waterways Resilience Comments” in the subject line. In lieu of electronic submittal, paper comments may be mailed to:
MassDEP - BWR Waterways Program
Attention: Waterways Resilience Comments
100 Cambridge Street, 9th Floor
Boston, MA 02114
GREGOR I. McGREGOR, Esq. is the founder and principal of New England’s oldest environmental law firm, McGregor Legere & Stevens PC., formed in 1975.
The firm handles all aspects of environmental law, land use, real estate, energy, and related litigation. Mr. McGregor enjoys Martindale-Hubbell’s highest rating for attorneys (AV).
In over 50 years of legal practice, Mr. McGregor's court cases created precedents on Environmental Impact Statements under the National Environmental Policy Act (NEPA) and Massachusetts Environmental Policy Act (MEPA), wetland and floodplain law under the Massachusetts Wetlands Protection Act, hazardous waste cleanup liability and cost-recovery under the Massachusetts Superfund, reduced taxes for land conservation transactions, Article 97 open space and parkland protection, Home Rule environmental ordinances and bylaws of cities and towns, court enforcement remedies, and the constitutional doctrine of Regulatory Takings.
Before 1975, Mr. McGregor was an Assistant Attorney General of Massachusetts and the first chief of the Attorney General’s Division of Environmental Protection. In that capacity he advised and represented the Commonwealth during the formative years of Massachusetts environmental statutes, agencies, regulations, enforcement and cases in court.
Mr. McGregor is editor of the two-volume treatise on Massachusetts Environmental Law, published by Massachusetts Continuing Legal Education, Inc. (MCLE). He is co-chair of MCLE’s annual Environmental, Land Use, and Energy Law Conference and MCLE’s Real Estate and Environmental Law Curriculum Advisory Committee. He received from MCLE in 2013 its Scholar-Mentor Award recognizing his dedication to legal scholarship and leadership.
Mr. McGregor co-chairs the Environmental and Renewable Energy Law Section of the Real Estate Bar Association for Massachusetts (REBA) and serves as a member of the REBA Board of Directors. He is an active member of the Massachusetts Municipal Lawyers Association (MMLA), which honored him for his career contributions and advocacy on the Home Rule Doctrine. At a National CLE Conference in Vail, CO, Mr. McGregor for many years co-chaired an annual seminar on Environmental Law, Land Use, Energy & Litigation for attorneys from across the United States.
The firm is a founding member of the Environmental Law Network (ELN), an alliance of specialty law firms, in the United States and abroad, sharing legal expertise and practical experience for the benefit of their clients.
Mr. McGregor is a graduate of Dartmouth College and Harvard Law School.