Drying rocks may change ocean boundaries

Army Corps says wind farm review is unaffected

 

HYANNIS, Mass. – The discovery of drying rocks, which protrude above the high tide line, may change state and federal boundaries in Nantucket Sound, said officials from the Army Corps of Engineers at a Massachusetts Technology Collaborative meeting on June 2.

 

Currently, the state has jurisdiction over waters and submerged lands within three nautical miles of shore. But if the existence of drying rocks is confirmed, state boundaries will extend three miles from the rock closest to shore but beyond the mean low tide mark.

 

As a result, it’s possible that the status of the proposed location of controversial offshore wind energy facility may change. Nonetheless, the Corps said its review of the project will be unaffected.

 

The Corps is considering the permit application for a 130-turbine wind facility under Section 10 of the Rivers and Harbors Act of 1899, which governs anchored buoys, docks, and other structures in federal waters.

 

While Massachusetts’ governor and attorney general have both voiced their opposition to the project, and the state wildlife agency has expressed concerns that the developer has not conducted sufficient research to determine bird use of the area, the state’s review to date has been primarily focused on the undersea cables that would traverse state waters.

 

However, if a reassessment of the boundary, based on the existence of drying rocks, results in a recalculation of the state waters’ border, then part of the proposed turbine field may actually be located in state waters. In that case, the Commonwealth of Massachusetts will also need to review the impact of the turbines and related facilities and will have an opportunity to approve or deny the permit request.