MassDEP And CZM Propose Changes To Chapter 91 Regulations

MassDEP and the Commonwealth's office of Coastal Zone Management recently proposed draft changes to the Designated Port Area and Facility of Public Accommodation regulations under the Chapter 91 program. The draft for public comment, including a summary of the changes and redlines of the regulations, can be found here. Information on submitting public comments can be found here. Comments are due by Monday, May 9^th.

The changes are summarized as follows:

Facility of Public Accommodation Regulations

Chapter 91 regulations generally require the provision of "Facilities of Public Accommodation" (FPAs) on the ground floor of buildings within Ch. 91 jurisdiction. FPAs are spaces that provide goods and services directly to the transient public (such as retail and restaurants). In certain areas of the Commonwealth, such spaces have gone vacant and unrentable, due to low foot traffic or other viability concerns. MassDEP is now proposing to add some flexibility to these