Massachusetts. Board of Harbor Commissioners

The Board of Harbor Commissioners was created by chapter 149 of the acts of 1866 to provide general care and supervision over all the harbors, tidewaters, and flats in Massachusetts except for Back Bay lands in Boston, which remained under the charge of the Commissioners on Public Lands (St 1861, c 89).

The board was comprised of five members appointed by the governor. They were required to keep account of their actual services and expenses and to submit an annual report in January of each year. They secured an advisory council consisting of U.S. engineers and other U.S. officials. The advisory council was consulted for expert opinion and engaged to carry out coastal surveys. During this period the board cooperated with the federal government, which spent considerable sums of money on breakwaters and dredging in the smaller harbors of the Commonwealth.

The primary function of the board was to protect the harbors and channels in Massachusetts and to insure that they were fully navigable. They were empowered to supervise and oversee all plans and petitions licensed by the legislature that related to the building of bridges, wharves, piers, or dams over tidewaters, the filling of any flats, or the driving of piles. In addition, they were required to ascertain displaced tidewater and provide compensation by payment of assessment fees or by other means. In addition, they had the power to prevent and remove unauthorized structures or other encroachments; to inquire about land and water rights in South Boston; and to prescribe harbor lines, provided that a public hearing was held. To carry out these functions they were authorized to make surveys and employ engineers to investigate license proposals and completed work.

An act passed in 1869 further regulated tidewater construction by stipulating that all licenses granted by the legislature were revocable and would expire at the end of five years (St 1869, c 432). It further stipulated that all work done under the authority of license must meet with the approval of the Board of Harbor Commissioners.

In 1872, under chapter 236, the Board of Harbor Commissioners was for the first time empowered to grant licenses for work done within the line of riparian. All license requests beyond this line had to be approved by the governor and his council. Licenses granted by the board had to be signed by a majority of the commissioners and be recorded. The board also had to insure that selectmen of the town where licensed work was to take place were notified.

During the tenure of the Board of Harbor Commissioners, the South Boston flats were a priority. An 1866 resolve directed the board to report to the legislature on the filling of flats and the building of wharves in that area. To carry out the development there, it was authorized by various acts and resolves to acquire the property for the Commonwealth and to enter into contracts with persons and companies that were interested in developing it.

In 1879 the Board of Harbor Commissioners and the Board of Land Commissioners were abolished and their powers, duties, and responsibilities were transferred to the Board of Harbor and Land Commissioners (St 1879, c 263).