Bill > S565

This bill amends Chapter 91 of the Massachusetts General Laws to address public trust rights for barrier beaches affected by natural processes like sea level rise and storms. Specifically, the bill stipulates that when sea level rise, storms, or other natural processes cause a barrier beach to move landward into an area previously occupied by the bottom of a Great Pond (a term referring to natural lakes over 10 acres in Massachusetts), the relocated portion of the barrier beach will remain in public ownership. The bill carefully includes language to ensure that this provision does not violate constitutional property rights, explicitly stating that it will not convert private property to public ownership if doing so would infringe on private property rights. The bill also establishes a process by which ten citizens can petition for a public hearing to resolve disputes about the location of former Great Pond beds or other relevant facts, with the department and attorney general required to conduct such a hearing and consider presented evidence. This legislation aims to preserve public access to coastal areas while respecting private property rights in the context of changing coastal landscapes due to environmental changes.

Agriculture and Natural Resources, Budget and Finance

https://malegislature.gov/Bills/194/S565