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The 191st General Court of the Commonwealth of Massachusetts


Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for certain water dependent structures to be exempted from the certain harbor lines, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

(a) Notwithstanding sections 14 and 34 of chapter 91 of the General Laws or any other general or special law to the contrary, the department of environmental protection may exempt certain structures to be constructed by the Massachusetts Department of Transportation including bulkheads, fenders and appurtenances, hereinafter referred to as the “project”, in Chelsea Creek to facilitate dredging by the United States Army Corps of Engineers to improve safety of navigation in Chelsea Creek, a critical energy pathway, and thereafter the Massachusetts Department of Transportation shall repair, maintain and manage the project.

(b) The structures described in subsection (a) shall be exempt from the harbor lines in the vicinity established by chapter 204 of the acts of 1849, chapter 344 of the acts of 1887 and any other special law related to those harbor lines. The approximate location of the exemption shall be as shown on a plan entitled “Proposed Area of Exemption From Harbor Lines In Chelsea Creek”, dated May 26, 2011. A final plan showing the specific location of the exemption area shall be incorporated in the waterways license to be issued after the effective date of this act.

(c) The project described in subsection (a) shall be subject to a waterways license which, the department of environmental protection shall process and issue on an expedited basis.

Approved, November 2, 2011.