Job Description
The Massachusetts Department of Environmental Protection (MassDEP) is the state agency responsible for ensuring clean air and water, the safe management of toxics, the recycling of solid and hazardous wastes, the timely cleanup of hazardous waste sites and spills, and the restoration and preservation of wetlands, surface waters and coastal resources.
MassDEP Waterways Program, within the Bureau of Water Resources, seeks applicants for the position of Waterways Planner - Resilience (Regional Planner IV). The Waterways Program administers the regulatory provisions of the Massachusetts Public Waterfront Act (the oldest waterways law in the United States), commonly called "Chapter 91" (310 CMR 9.00). The Program issues licenses and permits for projects in jurisdictional waterways (tidal waters, filled tidelands, great ponds, and navigable rivers and streams) to protect public trust rights of access.
With supervision from the Waterways Assistant Director, the Waterways Planner's responsibilities will focus on the following areas.
• Significant participation in Chapter 91 planning, policy, guidance, and regulation development and implementation to address the effects of climate change within jurisdictional inland and coastal areas and to ensure resilience considerations are reflected in related Program priorities. This includes planning for protection of public rights at existing licensed sites anticipated to be impacted by sea level rise, collaborating with the Massachusetts Office of Coastal Zone Management (CZM) to develop and implement revisions to the Chapter 91 and Municipal Harbor Planning (MHP) regulations, and participating in MHP efforts.
• Leading project review, licensing/permitting, and compliance/enforcement for proposed water-dependent and nonwater-dependent projects, including for resilience (e.g., seawalls), ecological restoration (e.g., dam removal), and clean energy (e.g., offshore wind) projects. This will involve consulting with applicants, reviewing applications, conducting required public hearing/comment processes, preparing licenses for review/signature, performing site visits for compliance inspections, and serving as an expert in the case of administrative appeals or other litigation.
The Waterways Reviewer will help facilitate coordination and communication with other MassDEP Programs and Regional Offices; local, state, and federal agencies; project proponents; and stakeholders.
This position will be part of the ~10-person Waterways team based in MassDEP's Boston Office with the opportunity for a hybrid work schedule. Field work and/or in-person meetings are expected weekly at a minimum.
STATEMENT OF DUTIES:
1. In coordination with the Waterways Program Chief and Assistant Director, assist with efforts to develop and implement updates to Chapter 91 regulations, guidance, and licensing processes. Review related planning or policy documents. Duties may include:
• Assist with policy and regulation development initiatives, including scoping and drafting, MassDEP internal coordination, interagency consultation, stakeholder engagement, and formal regulation promulgation process.
• Conduct public processes associated with Chapter 91 regulations including running public hearings and reviewing public comments.
• Collaborate with CZM to develop updates to the MHP regulations.
• Participate in the review process for specific MHPs including preparing draft comments and correspondence.
• Review documents (e.g., ENF, EIR) submitted under the Massachusetts Environmental Policy Act (MEPA) for consistency with applicable regulations, prepare written comments for review prior to submission.
• Contribute to process optimization initiatives, including those related to streamlining Chapter 91 review and approvals.
2. Serve as project reviewer for water-dependent and nonwater-dependent applications for work in jurisdictional waterways to ensure compliance with applicable provisions of the Chapter 91 Regulations. Project related tasks include:
• Review of often complex applications, including plans and other project submittals.
• Coordinate with project applicants and their consultants; local, state, and federal entities, and the public during all phases of the licensing process, including pre- and post-licensing activities.
• Prepare draft and final license documents including application-specific special conditions and other documentation.
• Review applicable management plans stipulating facilities' operation and public access requirements.
• Assess compliance with license conditions and applicable laws and regulations through site inspections, and review of other information. Develop enforcement actions and/or corrective measures, as appropriate.
• Participate in administrative appeals and litigation as necessary, including collaborating with other DEP staff responsible for appeal coordination and oversight, assisting with development of settlement and litigation strategy with the Office of General Counsel, and preparing and delivering testimony, as required.
3. Other duties as assigned. This may include: collaborating with other MassDEP Programs as needed, developing and delivering presentations at various venues, and general programmatic/administrative support tasks.
PREFERRED QUALIFICATIONS AND EXPERIENCE:
Demonstrated knowledge of policy, regulations, and implementation of M.G.L. c. 91, the Public Waterfront Act and associated regulations at 310 CMR 9.00. Familiarity with the Wetlands Protection Act (MGL C. 131, sec 40), Wetlands Regulations (310 CMR 10.00), and 401 Water Quality Certification regulations (314 CMR 9.00) including dredge and fill.
• Knowledge of waterfront planning principles and practices.
• Knowledge of MEPA (301 CMR 11.00), Municipal Harbor Planning (301 CMR 23.00), Designated Port Area (301 CMR 25.00), and other relevant state regulations.
• Demonstrated experience reviewing large, complex waterfront development projects and energy-related projects that have state and federal cross jurisdiction components, preferred.
Experience developing or reviewing regulatory, policy, and/or guidance documents, preferred. Ability to communicate effectively in written/oral forms, including professional correspondence, general and technical report drafting and editing, and presentation preparation and delivery to successfully communicate with internal and external audiences. Ability to exercise tactful negotiation and problem-solving skills to resolve conflict among a broad range of constituents with competing interests.Knowledge of the principles of project management and ability to successfully multi-task.Proficiency with Microsoft Office suite and on-line communication and collaboration platforms (e.g., Microsoft Teams, Zoom, etc.) required. Knowledge or experience using ArcMap, online GIS and/or related information technology skills preferred.
• Historic, cartographic, land use and/or land rights practical knowledge and research experience preferred.
• Valid driver's license within 60 days of hire.
Qualifications
First consideration will be given to those applicants that apply within the first 14 days.
MINIMUM ENTRANCE REQUIREMENTS: Applicants must have at least (A) five years of full-time, or equivalent part-time technical or professional experience in urban or regional planning, environmental planning, transportation planning or land use planning, and (B) of which at least three years must have been in a professional capacity, and (C) of which at least one year must have been in a supervisory capacity, or (D) any equivalent combination of the required experience and the substitutions below.
Substitutions:
I. A Bachelor's degree with a major in urban or regional planning, environmental planning, urban studies, architecture, landscape architecture, civil, environmental, or transportation engineering or environmental sciences may be substituted for two years d the required (A) experience.
II. A Graduate degree with a major in urban or regional planning, environmental planning, urban studies, architecture, landscape architecture, civil, environmental, or transportation engineering or environmental sciences may be substituted for three years of the required (A) experience and one year of the required (B) experience.
Education toward such a degree will be prorated on the basis on the proportion of the requirements actually completed.
NOTE: Educational substitutions will only be permitted for a maximum of three years of the required experience. Substitutions will only be permitted for a maximum of one year of the required (B) experience. No substitution will be permitted for the required (C) experience.
SPECIAL REQUIREMENTS: Based on assignment, possession of a current and valid Massachusetts Class D Motor Vehicle Operator's License.
Comprehensive Benefits
When you embark on a career with the Commonwealth, you are offered an outstanding suite of employee benefits that add to the overall value of your compensation package. We take pride in providing a work experience that supports you, your loved ones, and your future.
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An Equal Opportunity / Affirmative Action Employer. Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.
The Commonwealth is an Equal Opportunity Employer and does not discriminate on the basis of race, religion, color, sex, gender identity or expression, sexual orientation, age, disability, national origin, veteran status, or any other basis covered by appropriate law. Research suggests that qualified women, Black, Indigenous, and Persons of Color (BIPOC) may self-select out of opportunities if they don't meet 100% of the job requirements. We encourage individuals who believe they have the skills necessary to thrive to apply for this role.