Massachusetts. Division of Waterways

In 1916 the Board of Harbor and Land Commissioners and the Directors of the Port of Boston were abolished and responsibility for the general care and supervision of the harbors, flats, tidewaters, including Boston Harbor, and the rivers and great ponds of Massachusetts was transferred to the Commission on Waterways and Public Lands (St 1916, c 288). With the reorganization of government agencies in 1919, however, the commission was abolished and its duties transferred to a Division of Waterways and Public Lands in the Dept. of Public Works (St 1919, c 350, ss 111-116)

In 1927 the division was absorbed along with the Division of Highways into the main body of the Dept. of Public Works (St 1927, c 297). However, it was reestablished as the Division of Waterways in 1938 (St 1938, c 407). Authority over Boston Harbor was transferred to the Port of Boston Authority in 1945 (St 1945, c 619)

Like its predecessor agencies, the division had as its primary responsibility to insure that the harbors and channels were fully navigable, and to otherwise improve, protect, and develop these areas.

To protect and maintain navigability, the division was authorized to license and oversee all construction in tidewaters and to license dredging or filling of harbors and flats within the line of riparian. In addition, it oversaw work beyond the line of riparian licensed by the legislature. In 1922 its licensing authority was extended to the Connecticut, Westfield, and Merrimack Rivers (St 1922, c 262). As part of the licensing function it oversaw license plans and inspected work done under license. It also calculated displaced tidewater and determined method of compensation by payment of tidewater assessment fees or otherwise. It was directed to keep a record of all licenses granted and to insure that selectmen in towns where licensed work was to take place were notified.

To maintain navigability, the division was authorized to remove debris and obstructions, including wrecked, sunken, or abandoned vessels and to supervise the transportation and dumping of dredged materials.

To improve, develop, and protect the waterways, it was authorized to undertake construction and reconstruction projects; enter into contracts and agreements; initiate the taking of land for these projects; lease piers, wharves, and terminal facilities belonging to the Commonwealth for individual and commercial use; and remove obstructions and repair, reroute, and construct dams to protect against flooding in rivers and streams (St 1939, c 513)

Furthermore, the division could make recommendations for changing or establishing harbor lines.

To carry out these functions and activities, the division employed engineers to make surveys of harbors and rivers, to inspect licensed work and oversee contracts, and to make specifications and plans for contracts.

The division assumed the duties of the Division of Public Beaches in 1958 (St 1958, c 640) but in 1968 those duties were transferred to the Division of Forests and Parks in the Dept. of Natural Resources (St 1968, c 501)

Although the Dept. of Public Works itself was put under the Executive Office of Transportation and Construction by the reorganization act of 1969 (St 1969, c 704, c 19), the functions and organization of the Division of Waterways remained relatively constant until 1974, when the division was transferred from the Dept. of Public Works to the Dept. of Environmental Quality Engineering under the Executive Office of Environmental Affairs (St 1974, c 806, s 8). A decade later the division was again transferred, this time to the Dept. of Environmental Management, but while it retained its responsibilities for construction and development, its licensing and regulatory functions remained with the Dept. of Environmental Quality Engineering (St 1983, c 289, s 61; c 589, s 16)

NAME AUTHORITY NOTE. Series relating to the agencies described above can be found by searching the following access points for the time period stated: 1916-1919--Massachusetts. Commission on Waterways and Public Lands; 1919-1927--Massachusetts. Division of Waterways and Public Lands; 1927-1938--Massachusetts. Dept. of Public Works; 1938-present--Massachusetts. Division of Waterways.