PART I - PROJECT IDENTIFICATION INFORMATION PART II - DOCUMENTATION

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1 No students reported this period Progress Report Project Update Report Reporting Period: 2/1/2014-1/31/2015 MIT Sea Grant College Program E Main Street, Cambridge, MA (617) PART I - PROJECT IDENTIFICATION INFORMATION Investigator: John Duff Primary Grant: NA10OAR ( ) Institution: UMass - Boston Secondary Grant: ( ) Report Submission Date: 5/22/2015 1:07:02 PM Address: EEOS 100 Morrissey Boulevard Boston, MA Sea Grant Funding Initial Year: $ [ enter value ] Second Year: $ [ enter value ] Subsequent Years: $ [ enter value ] Primary Focus Area: Sustainable Coastal Development Project Title: The Governance Role of Local Authorities in Marine Spatial Planning: a Legal Assessment of Prospects and Problems Project Number: 2012-R/RC-132-REG PART II - DOCUMENTATION Name and degree candidacy of all students: Degree Degree Date Hannah Dean PhD 12/1/2015 Documents: No publications report this period Current Matching Funds: $ [ enter value ] Sources: [ enter sources ]

2 Accomplishment Title: Sea Grant informs stakeholders about coastal and marine spatial planning legal issues at local, state and federal level As the capacity to map ocean resources and interests at finer scales improves, and as use-use and use-environmental conflicts increase in U.S. waters and shoreline areas, more localized planning authority may replace larger scale ocean and coastal planning duties. Three workshops were held in Maine to inform stakeholders of the scope of legal authority at local, state and federal level and legal mechanisms to accommodate local influence in coastal and marine planning efforts, particularly among private and public communities. The detailed results of this research will be broken up into several individual sections and submitted to journals for publication.

3 MIT Sea Grant College Program Update Report Period: 2/1/2014-1/31/2015 Project: 2012-R/RC-132-REG - The Governance Role of Local Authorities in Marine Spatial Planning: a Legal Assessment of Prospects and Problems Time of Submission: :07:02 edit report : : STUDENTS SUPPORTED Dean, Hannah, Hannah, Hannah.Dean001@umb.edu, University of Massachusetts Boston, School for the Environment, status:cont, field of study:environmental Sciences, advisor:john Duff, degree type:phd, degree date: , degree completed this period:no Student Project Title: The Governance Role of Local Authorities in Marine Spatial Planning Involvement with Sea Grant This Period: Research Assistant Post-Graduation Plans: Ms. Dean has secured a position with the Council on Ocean Leadership. : : CONFERENCES / PRESENTATIIONS Gave a public presentation sponsored by Maine Sea Grant and Wells National Estuarine Research Reserve regarding the interests of private owners, members of public and local authorities (e.g., towns) to provide and/or maintain access to Maine shoreline areas. The 1st of 4 presentations on the issue. This presentation highlighted recent developments in Maine Law regarding access to coastal areas in Maine and Massachusetts in particular compared and constrated by laws and policies elsewhere.., SG-sponsored, 65 attendees, Organized and moderated a public presentation sponsored by Maine Sea Grant and Wells National Estuarine Research Reserve regarding the interests of private owners, members of public and local authorities (e.g., towns) to provide and/or maintain access to Maine shoreline areas. The 2d of 4 presentations on the issue. This presentation highlighted the idea of locally developed coastal access user agreements. This presentation focused on local issues of ocean access in Maine., SG-sponsored, 70 attendees, Organized and moderated a public presentation sponsored by Maine Sea Grant and Wells National Estuarine Research Reserve regarding the interests of private owners, members of public and local authorities (e.g., towns) to provide and/or maintain access to Maine shoreline areas. The 3d of 4 presentations on the issue. This presentation highlighted the distinction between public interests protected by state and municipal governments via the Public Trust Doctrine and the narrower interests suggested by an interpretation of the Colonial Ordinance of This presentations focused on local issues of ocean access as applied by laws in Massachusetts and Maine.., SG-sponsored, 100 attendees, Organized and moderated a public presentation sponsored by Maine Sea Grant and Wells National Estuarine Research Reserve regarding the interests of private owners, members of public and local authorities (e.g., towns) to provide and/or maintain access to Maine shoreline areas. The 4th of 4 presentations on the issue. This presentation highlighted role of courts in determining the rights of private/public/municipal interests. These presentations focused on local issues of ocean access in Maine., SG-sponsored, 80 attendees, : : ADDIITIIONAL METRIICS P - 12 Students Reached :: P - 12 Educators Traiined :: 1 of 3 6/5/15, 6:39 AM

4 MIT Sea Grant College Program Partiiciipants iin IInformall Educatiion Programs :: Vollunteer Hours : : Acres of coastall habiitat protected,, enhanced or r e s t o r e d:: Resource Managers who use Ecosystem Based Approaches to Management : : Annuall Cllean Mariina Program - certiificatiions : : HACCP - Number of peoplle wiith new certiificatiions :: : : E C O N O MII C II M P A C T S No Economic Impacts Reported This Period : : SEA GRANT PRODUCTS No Sea Grant Products Reported This Period : : HAZARD RESIILIIENCE IIN COASTAL COMMUNIITIIES No Communities Reported This Period : : ADDIITIIONAL MEASURES Number of stakeholders modifying practices: Sustainable Coastal Development # of coastall communiitiies :: : : P A R T N E R S Partner Name: Maine Law School, type: Academic Institution, scale: State Partner Name: Maine Sea Grant College Program Partner Name: University o Massachusetts Boston, type: Academic Institution, scale: State Partner Name: Wells National Estuarine Research Reserve : : IIMPACTS AND ACCOMPLIISHMENTS Title: IInformiing stakehollders of scope of llegall authoriity Type: accomplishment Description: Informing stakeholders of scope of legal authority at local, state and federal level and legal mechanisms to accommodate local influence in coastal and marine spatial planning efforts Recap:none Comments: none Related Partners: none 2 of 3 6/5/15, 6:39 AM

5 MIT Sea Grant College Program : : P U B LII C A TII O N S No Publications Reported This Period : : OTHER DOCUMENTS Title: Locall Authoriity iin Ocean Pllanniing - Overarchiing questiions and answers Uploaded File: none URL: none : : LEVERAGED FUNDS No Leveraged Funds Reported This Period : : UPDATE NARRATIIVE Uploaded File: Duff_1274_update_narra...0.pdf, 367 kb 3 of 3 6/5/15, 6:39 AM

6 The governance role of local authorities in marine spatial planning: a legal assessment of prospects and problems Update narrative Prepared for the Northeast Sea Grant Consortium Submitted by: John Duff, J.D., LL.M, Principal Investigator Hannah Dean, J.D., M.S. (Research Associate) University of Massachusetts Boston School for the Environment 100 Morrissey Blvd. Dorchester, MA Project ID: 2012-R/RC-132-REG Keywords: marine spatial planning; ocean governance; local authority; planning Overview: In the northeastern United States, recent efforts to employ marine spatial planning to improve coastal and ocean resource stewardship suggest an important attribute of such efforts: the consideration of local concerns and the integration of local (sub-state) authority (see e.g., MA Oceans Act; New York Ocean and Great Lakes Ecosystem Conservation Act; Rhode Island Special Area Management Plan; Presidential Executive Order). Yet the precise manner and degree to which such local authority can play a role in coastal and marine spatial planning (CMSP) remains largely elusive. As detailed below, this project examined the issue of local authority to address a number of priorities highlighted by the Northeast Sea Grant College Consortium: Priority Marine spatial planning Natural-human system interface Stakeholder engagement Project element This project is a direct result of the call for marine spatial planning efforts in the region to incorporate local concerns and integrate local authority into such planning One research facet is the manner in which local ecological characteristics provide a rationale for local authority in planning The legal research will examine the degree to which stakeholder groups influence/impede efforts to employ marine spatial planning; research results are designed to be communicated directly back to stakeholder communities 1

7 Chapter 1: Planning Principles in the Context of Oceans and Coasts in the U.S. Objective: Determine if planning principles and theories applied to land based planning can be applied to ocean planning and, if not, whether there is an emerging body of literature addressing the spatial planning needs in the ocean and coastal regions. Approach:- Data Examined: Land based planning theory literature, ocean based planning theory literature, ocean and coastal planning policy, local authority planning tools (largely land based) in place under state and federal laws in the Northeast states. Analytical Process: literature review Findings: Planning processes developed at state and national scales are constantly refined to the local scale to varying degrees of success. In the context of coastal and ocean resource management which depends largely on state and national policy setting, the role of local authority and local voice is a complex issue. As the capacity to map ocean resources and interests at finer scales improves, and as use-use and use-environmental conflicts increase in U.S. waters, more localized planning authority may replace larger scale planning as evidenced, for example in Massachusetts where sub state regional planning bodies are taking up ocean and coastal planning duties. This chapter provides an overview of the literature of planning theory and the ways that authors have applied that theory to U.S. coastal communities at the local, state, federal and international scales. By examining the range of approaches to local resource management and decision making in the Northeast, the chapter suggests that a uniquely ocean and coastal planning framework is required. As opposed to land based local authority planning that can rely on established tools such as zoning, local coastal planning 2

8 inherently involves acknowledging and integrating into a national discussion and policy of publicly owned space (state and federal waters) and therefore warrants a distinct set of planning principles in order to aid local authorities in the coastal regions. Chapter 2: Local Authority in the Context of Selected Federal Ocean and Coastal Law: Present but not Perfect Objective: Determine if local authority as a stakeholder group has been effectively integrated into the ocean and coastal federal law that helps to standardize across U.S. coasts the way that ocean and coastal resources are developed, preserved, etc. Approach: Data Examined and assessment process: Westlaw Legal Database search for ocean and coastal related federal laws that include local authority as a stakeholder in the required/recommended processes, examination of relevant federal case law to inform the way the laws are being applied, legal journal articles. Findings and Conclusions: Local authority is included in most federal law regarding the management of marine resources, but this authority is poorly defined, making it hard to develop standard methods for local participation across multi-state regions. Historically towns have been involved in maintaining onshore infrastructure such as docks, fishing piers, boat launches, and other structures needed to access and develop public resources in offshore areas and there has been an interplay between state and local authority through legislation and litigation. However, with the implementation of a number of federal laws regarding the development of coastal and marine resources, the U.S. has developed stronger legal and policy mechanisms for local input to CMSP processes. While federal laws often include the role of 3

9 local authority, references remain largely general, indicating that the real meat of law governing the role of local authority lies at the state scale. Chapter 3: State by State Analysis of Local Authority in the Marine Context Objective: Determine whether and how states in the Northeast vary in terms of the way they regulate the participation of local authority in ocean and coastal planning processes. Approach: Data Examined and assessment process: Westlaw Legal Database search for ocean and coastal related state laws in Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York; Westlaw Legal research for historical and current treatment of ocean boundaries in relation to local authorities in the Northeast states; Westlaw Legal Research and state policy research into comprehensive planning approaches in the Northeast states in the context of ocean and coastal planning. Primary resource legal review followed by analysis and development of a set of categories for examining the sub-contexts in which local authority operates in the Northeast States (Categories were determined following a comprehensive review of the legal research and are as follows: Boundaries, Public Trust, Comprehensive Planning, Coastal Zone Management, Harbors and Waterways, Living Marine Resources, Ocean Energy). Findings and Conclusions: Each state in the Northeast has developed marine area management that integrates local authority to some degree, and also serves to streamline the management process by clarifying and often reducing the local authority, or at least requiring that it be informed by broader coastal and marine management goals. State-local authority sharing relationships within the Northeast region vary regarding ocean boundaries defined by 4

10 town, county or state; the role of local authority in Public Trust, Comprehensive Planning, Coastal Zone Management, Harbors and Waterways, Living Marine Resources, and Ocean Energy/ State Coastal Marine Spatial Planning (CMSP). In each of these subject areas, there are different histories, different geographies, and different resource development patterns. Marine spatial planning efforts in Northeast states have culminated, to different degrees, in the development of state objectives regarding offshore resources such as wind and aquaculture. As states have recognized the importance of streamlining offshore development, they have also recognized that local interests may sometimes prove a hindrance to the development of offshore resources. Planning for resources such as wind and aquaculture in state and federal adjacent waters in Northeast states is leading to the development of law, policy, and local stakeholder processes as well as restrictions on local authority aimed at avoiding conflict. 5

:: STUDENTS SUPPORTED

:: STUDENTS SUPPORTED PROGRESS REPORT REPORT PERIOD: 2/1/2014-1/31/2015 PROJECT NO: 2014-R/P-NERR-14-2-REG TITLE: Coastal Hazards and Northeast Housing Values: Comparative Implications for Climate Change Adaptation and Community