Coastal & Marine

Epsilon is the go-to firm for projects subject to Massachusetts General Law Chapter 91, the Commonwealth’s waterways licensing program. Chapter 91 is the primary tool to protect and promote public use of its tidelands and other waterways, generally referred to as “trust lands.” Chapter 91 regulates activities in coastal and inland waterways and great ponds. Regulated activities include the construction of structures, dredging, and filling. Jurisdiction also extends to filled tidelands and we have extensive experience securing licenses for projects located in filled tidelands, which have specific regulatory requirements. We help clients successfully navigate this licensing program resulting in a win for both the developer and the public.

Our comprehensive experience with coastal projects includes a broad spectrum of projects, including downtown waterfront projects and utility projects, dredging and dredged material disposal analyses, coastal hazard assessments, marine structures, and resilient shoreline stabilization. Epsilon has the technical capacity needed to support these projects which include coastal wetlands delineations, sediment sampling and dredge material disposal, shoreline stabilization planning and concept design, and beach nourishment planning.

As the United States turns to utility scale offshore wind energy to provide renewable energy, Epsilon is at the forefront of federal and state permitting for the leaders of the current generation of US offshore wind projects. We are leading several efforts to file Construction and Operations Plans (COP’s) with the Bureau of Ocean Energy Management (BOEM) as well as major state applications. We have directed the complex management of studies and documentation required at both the federal (BOEM) and state levels. Our scientists, engineers, and regulatory specialists are experts at successfully navigating the new regulatory scheme for offshore wind projects.

We are well-versed in all coastal and marine regulations including Chapter 91 jurisdictional analyses and licensing, Coastal Zone Management consistency certifications, U.S. Army Corps of Engineers Permitting (Sections 10 and 404), Massachusetts Environmental Policy Act (MEPA) review, the Massachusetts Ocean Management Plan, state and local wetlands protection laws, and Water Quality Certification (Section 404) permitting. While the majority of our practice is centered in Massachusetts, Epsilon has experience securing permits in neighboring states, and skills gained in Massachusetts are portable to other jurisdictions.

Having permitted the first project to be approved under the Massachusetts Ocean Management Plan, our coastal team is uniquely qualified at managing projects in accordance with the plan. Our permitting strategy includes a proactive approach of working closely with permitting agencies to ensure any coastal project meets the rigorous standards of the ocean plan.

Our permitting services for beach and dune nourishment projects help protect eroding coastline and infrastructure along the coastline. This service has become increasingly important as climate change issues have resulted in altering many shorelines over the years. Beach nourishment projects can involve a range of activities from beneficial use of dredged materials, to use of mined sand from either onshore or offshore sources. Epsilon assists clients from planning and concept design through final design and permuting, through construction monitoring. Being involved in the early planning stage is important to ensure regulatory compliance and positive project results.

Epsilon's coastal experts work all along the Massachusetts coast including supporting large-scale, long-term beach nourishment projects in prominent locations on Cape Cod and Nantucket.

For these projects, we manage the preparation of Environmental Impact Reports for submittal with the MEPA Office and permit applications for submittal with local, state, and federal agencies. Epsilon's coastal team is skilled at coordinating the permitting effort amongst project teams that typically include coastal engineers, dredging experts, marine resource scientists, and endangered species consultants.