Massachusetts General Laws

Mass. Gen. Laws ch. 91, § 14 (2026)

License for structures in or over tide water; conduits or cables under tide water; private or commonwealth tidelands

✓ current as of July 2026

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Section 14. The department may license and prescribe the terms for the construction or extension of a wharf, pier, dam, sea wall, road, bridge or other structure, or for the filling of land or flats, or the driving of piles in or over tide water below high water mark, but not, except as to a structure authorized by law, beyond any established harbor line, nor, unless with the approval of the governor and council, beyond the line of riparian ownership. A license shall not be granted for the construction of a bridge across a river, cove or inlet, except in a location above a bridge, dam or similar structure authorized by law over such tide water, in which no draw actually exists or is required by law, and not then, if objection is made by the aldermen or selectmen of the town where the bridge is to be built.

The said department may license and prescribe the terms for the construction or extension of a pipe line, conduit or cable under tide water beyond any established harbor line; provided, that such pipe line or conduit is entirely imbedded in the soil and does not in any part occupy, or project into such tide water, and provided also that said department may at any time require any pipe line, conduit or cable to be moved or relocated if channel changes or alterations demand the same.

Except as provided in section eighteen, no structures or fill may be licensed on private tidelands or commonwealth tidelands unless such structures or fill are necessary to accommodate a water dependent use; provided that for commonwealth tidelands said structures or fill shall also serve a proper public purpose and that said purpose shall provide a greater public benefit than public detriment to the rights of the public in said lands.

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 2000–2024 · leading case: Fafard v. Conservation Comm'n of Barnstable, 432 Mass. 194 (Mass. 2000).

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Fafard v. Conservation Comm'n of Barnstable, 432 Mass. 194 (Mass. 2000). · cites it 5× “” Section 14 specifies that the DEP may not permit structures unless they serve “a proper public purpose and .”

Com. Wharf East Condo. Assoc. v. Boston Boat Basin, LLC, 106 N.E.3d 1114 (Mass. App. Ct. 2018). · cites it 2× “" Plainly, the license does not invalidate every restriction that might somehow diminish the public's ability to use the locus, as Boston Boat seems to contend.”

All. to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Bd., 457 Mass. 663 (Mass. 2010). · cites it 2× “” G. L. c. 91, § 14. See id. at § 18. In doing so, DEP is to “protect the interests of the Commonwealth” in the tidelands.”

Moot v. Dep't of Env't Prot., 448 Mass. 340 (Mass. 2007). “91, § 2, the department, under G. L. c. 91, § 14, may not license uses or structures in tidelands, except as authorized by G.”

Mahajan v. Dep't of Env't Prot., 464 Mass. 604 (Mass. 2013). “The BRA obtained fourteen zoning variances from the Boston zoning board of appeals that allow for live entertainment, “takeout service,” and food and alcohol service until 1 a.m. at the proposed restaurant.”

Arno v. Commonwealth, 931 N.E.2d 1 (Mass. 2010). “G. L. c. 91, § 14, inserted by St. 1872, c.”

Gloucester Landing Assocs. Ltd. P'ship v. Gloucester Redevelopment Auth., 802 N.E.2d 1046 (Mass. App. Ct. 2004). · cites it 2× “The LDA specified that the “necessary permits and approvals” included, among other things, a license issued by the Department of Environmental Quality Engineering (DEQE), 1 pursuant to G. L. c. 91, § 14. 2 The purchase of the Property.”

Trio Algarvio, Inc. v. Dep't of Env't Prot., 778 N.E.2d 529 (Mass. App. Ct. 2002). “In 1995, Trio applied to the department under G. L. c. 91, § 14, for licenses for its existing fish processing plant; an addition to the plant for aquaculture use; two pipes for the discharge of water from the aquaculture plant into New Bedford harbor; and the previously…”

Conservation Law Found. & Another v. Energy Facilities Siting Bd. & Another (& a Consol. Case) (Mass. 2024). · cites it 3× “Chapter 91 governs the use of waterways and tidelands[13] and is administered by the Department of Environmental Protection (DEP).”

Moot v. Golledge, 19 Mass. L. Rptr. 332 (Mass. Super. Ct. 2005). · cites it 3× “” G.L.c. 91, §14. Section 18 of G.L.c. 91 sets forth the process a landowner must follow when seeking a license and provides that the DEP “may promulgate regulations for implementation for its authority under this chapter [G.”

Com. Wharf East Condo. Ass'n v. Dep't of Env't Prot. (Mass. App. Ct. 2020). “91, § 2, the department, under G. L. c. 91, § 14, may not license uses or structures in tidelands, except as authorized by G.”

Lingley v. Exec. Off. of Env't Affairs, 13 Mass. L. Rptr. 65 (Mass. Super. Ct. 2001). “, under G.L.c. 91, §14, the enabling statute which granted the DEP authority to license and prescribe the terms for construction or extension of wharves, floats and piers.”

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